TERMS AND
CONDITIONS
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under pertaining to electronic records as applicable and amended. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and the terms and conditions for access or usage of https://awesomemobapp.blogspot.com/ (the "Website/Apps").
Awesome Mob Apps ("Awesome Mob Apps", "our", "we", "us") provides its website, apps and Services (collectively known as "Services" or "services” or "Service" or "service") subject to the following Terms and Conditions which we reserves the right to amend from time to time. To use and access our apps and Services you must agree to the Terms and Conditions by you, your heirs and assigns (collectively, "you" or "user" or "your") and are entering into a legally binding contract with us. If you do not agree to our Terms and Conditions, you should not use our apps and Services, any third party Services or features provided through our Services you agree to abide to the third party terms as well. If you're using the Services or an organization, you're agreeing to be bound by these terms on behalf of that organization too.
Please read the following terms and conditions very carefully as your use of the Website/App and associated Services (as defined below) is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREIN, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions of use of website, You also accept and agree that you have read, understood and are bound by these Terms and conditions, regardless of how you/member subscribe to or use the Services. If you do not want to be bound by the Terms and Conditions, you must not use the Website/App or the Services.
1. Changes to the Terms and Conditions
Our Terms and Conditions may change from time to time so you should review it regularly. We choose and reserve the right to change all or portions of the Terms and Conditions at any time without any notice to you. You agree to visit the Terms and Conditions periodically to keep abreast and updated on any changes. If you continue to use the Services after any revised updates, it is deemed that you have agreed to the new Terms and Conditions. You are responsible to check the Terms and Conditions regularly for any changes.
2. Apps & Services Description:
The Apps & Services allows users to scan any type of documents/files/images or any type of digital media and save them to your own device. Our apps also allow user to upload documents to cloud Services. You agree that using any of our Apps & Services implies that you will abide by any local, national and international laws with regards to the usage. You may or may not require a cellular Services to use our Services but you may be charged by your phone service provider for any minutes, calls, texts or data that you may incur which Awesome Mob Apps cannot be responsible for. You agree that Awesome Mob Apps, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage or loss (including, without limitation, any attorneys' fees) by, or on behalf of, you or any third-party user arising from any attempt to using our Services. You hereby waive all claims and causes of action against Awesome Mob Apps, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to using Awesome Mob Apps Services.
3. Software
Access to the Services requires client software ("Software") which runs on your device and may update automatically. Our Services and Software are licensed, not sold to you. If any component of the Software is offered under an open source license, the provisions of that license may expressly override some of these Terms. As prohibited by law, you agree not to reverse engineer or decompile or disassemble or hack the Services or Software, attempt to do so, or assist anyone in doing so. You agree not to distribute, license, perform, reproduce, copy, duplicate or create derivative work, resell or transfer the software for any commercial purpose including any portion of the Services and access to it. Any Software available in connection with the Services and the transmission of applicable data, if any, is subject to control of Information Technology Act, 2000 of India. By downloading the App or Software or the use of any Web based app, you are using it as your sole risk and will obey all laws with regards to usage, online conduct and content. You will not copy, reverse engineer, disassemble, try to breach, hack or any other type of unfair attempt to any of our source code, API or binary as associated with the App and Services. The Services and Software may use third party content, APIs or software and we will not be liable for any such content or errors as a result of the use of this third party software. Any content created, held or transmitted through the Services will grant Awesome Mob Apps and its Affiliates a nonexclusive, worldwide, royalty free, fully paid up and transferable rights for the purpose of enabling and operating the Services. If you infringe on any copyright as a result of the content, we reserve the right to terminate access to the Services and will not be liable for any copyright issue except to remove the content when an infringement is reported.
5. Our Rights
The Services and Software are protected by copyright, trademark, and other laws. These Terms and Conditions don't grant you any right, title or interest in the Services the Software, others' content in the Services. The Awesome Mob Apps trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to (or permission from) you.
We shall not be liable for any issue/loss/financial loss due to any misrepresentations made by you. The Awesome Mob Apps communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services and Software responsibly. You further understand and agree that you are solely responsible and liable for any consequences and effects our Services. You will notify us and assist us with any investigations that is conducted based on the information. We reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement by violators of Terms and Conditions. We reserves the right to add/delete/alter/modify/suspend any or all the Services at any time as it may deem fit, without notice. The users are expected to see the change on the Website/App.
We are not obliged to monitor your use, access and content but have the right to do so to make sure that the Services used appropriately and in compliance with all laws national and international. We also reserve the right to terminate or disable access to you or anyone that we think disrupt or damage the integrity of our Services.
You hereby agree for receiving communication including communications through any medium of communications such as Emails and /or SMS/Calls from us.
Any feedback you provide to us shall be deemed to be non-confidential. We shall be free to use such feedback/information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of yourself or third parties; (ii) you are not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) you are not entitled to any compensation or reimbursement of any kind from us for the feedback under any circumstances.
This app is available to handheld mobile devices running Apple Operating System. We will use reasonable efforts to make the app available at all times. However you acknowledge the app is provided over the internet and mobile networks and so the quality and availability of the app may be affected by factors outside our reasonable control. We reserve the right to add/delete/alter/modify/suspend any or all the Services at any time as it may deem fit, without notice.
It is our discretion to update/maintain our app or to remove any features from our app as we may think fit. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the app.
6. Age restrictions
9 years and above: You must be 9 years and above to use the Services or you have reviewed the Terms and Conditions with a parent or guardian and who have agree to the Terms and Conditions on your behalf and takes full responsibility for its compliance. You cannot use the Services if you are under 9 years old.
7. Changes to Service
Awesome Mob Apps reserves the right to change temporarily or permanently, the Services on whole or in parts with or without notice. If the Services modified, suspended or terminated, you agree that Awesome Mob Apps will not be liable to you or any third party.
8. Storage of Data
Awesome Mob Apps is not liable or responsible for any deletion or failure to store any data, texts. Awesome Mob Apps reserves the right to store or delete any data or content on our servers and we can choose to store any data as short or long as is needed and we can terminate or delete accounts and data when they are not used or inactive for an extended period of time determined by us. By using the Services you agree that the collection, processing of your information, storage and any international transfer will be governed by our Privacy Policy. We cannot guarantee the complete protection of user's data while it is in transit or stored in user's device, or prevent any tampering of the data by a third party with malicious intent before the data reaches the servers. We do not store any username or password of cloud Services you used to login.
9. Fees and Payment
We currently provide you free trial usage and after the trial ends you has to make In-App Purchase as one time payment to use the Services further. Currently we don't offer any type of subscriptions. Subscriptions may be added in future and you hereby agree to avail those subscriptions to use our Services (only if any subscriptions are added in future). Payment will be charged to iTunes Account at confirmation of purchase. In case of payment gateway failure the same would be communicated to the user by the payment gateway provider. We shall not be responsible for Extra currency/conversion charges/deductions/error issues from payment gateway. In the case of failed online transactions, which result in no Services. We offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts through the payment gateway.
10. Services
We cannot guarantee or assume responsible for any specific results from the use of the our Services. All our products on our website/App are available on "as is as available" basis. Our automated system offers processing and outputs the results. The output truly depends on the quality of input, so then the automated system generated results of the Website/App may also undergo corresponding change.
11. Registration
We are not making any kind registration requests currently to use our Services.
12. Responsibility of user
A. To protect the broader interest and increase the efficiency, you must ensure to keep their username and password safe and confidential for using the cloud Services provided by us.
B. You are requested to exercise due care and caution while uploading or sending your data through adequate efforts, initiatives and due diligence. Always use password protected devices and use secured networks for data transfer.
C. To get better output of our Services users are expected to read the information provided in the app description shown in the App Store.
D. You acknowledge that you are responsible for the content and information including any type of documents/files/digital media and other content(s) or keyed in the relevant field of the Website/App which may be subsequently modified by you. You hereby represent and warrant that you own all rights, title and interest in your content/information or have the necessary licenses, rights, consents and permissions to provide the said content/information.
E. You also agree that while accessing/using the Website/App, you will be guided by the terms and conditions and privacy policy of the Website/App. You agree to use our Services responsibly and Awesome Mob Apps is not liable for any damages whatsoever for any activities that you conduct through our Services. Awesome Mob Apps does not permit illegal activities, unlawful, harassment, phishing, hacking and other damaging activities and we reserves the right to investigate and seek legal action against anyone using our Services or such purposes. These can include terminating, suspending and banning the use of your Services and reporting you to law enforcement authorities. The following examples are prohibited activities but they may not be limited by the listed activities below, you must not misuse the Services. For example, you must not or expected to refrain from:
1. Sharing/sending your secured data to unauthorized cloud/email Services.
2. Violating any law for the time being in force.
3. As prohibited by law, you agree not to reverse engineer or decompile the Services attempt to do so, or assist anyone in doing so.
4. Attempt to deceive the restrictions put into place to prevent certain uses of the Services.
5. Hacking, phishing to collect other's personal information like email or any other personal information, files or programs designed to interrupt or disruption to the Service or servers or networks that are connected to the Services.
6. Using content belongs to another person and to which the User does not have any right to.
7. Display, modify, upload, publish, transmit, update, host, stream, subcontract, sublicense, copy, edit or resell our Services.
8. Authorize, enable or allow others to use the Services using your account information and such an act shall be treated as violation of Terms and Conditions.
9. Accessing or trying to access the Services by any means other than the interface we provide or authorize.
10. Behavior like disable or destroy the Services.
11. Unauthorized advertising that are unsolicited, spam or junk mail, chain letters, pyramid schemes, phishing, sweepstakes, gambling, unauthorized commercial activities, scams and sales, chain letters or any type of unfair digital practice.
12. Share contents or upload digital contents like copyright, trademark, patent or any kind of property rights that you do not own or which will break the enforced law or infringes patent or the proprietary rights.
13. Using the Services or illegal activities or criminal activities or promotion of illegal activities.
14. Attempt to use the service for advertisement of any products or Services except with our prior written approval.
15. Share or upload any content that is unfair, unlawful, harmful, fraudulent, threatening, pornographic, abusive, wrong, damaging, racial hate, obscene, libelous, vulgar, lewd, profane, defamatory, invasive of another's privacy, harming minors in any way, violent, paedophilic, harassing, hateful, misrepresent, mislead, deceives or ethnically, socially, politically, legally, morally, religiously, disparaging, objectionable or any other objectionable words or sentences or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
16. Content that creates security or privacy risk or any such activity which will harm or intent to harm to a person, country, religion, company or any legal form of entity.
17. Upload, transmit, store, or make available any Content or code that contains any software viruses files or programs to crack or hack or damage with malicious code, malware, adware or anything that is designed to harm or disrupt or destroy or limit the functionality of any computer resource or our Services.
18 You should not probe, scan or test the vulnerabilities of the Services or any network connected to the Website/App nor breach the security measures instituted by the Services.
19. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
20. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
21. Impersonate another person.
22. Any other content or activity that Awesome Mob Apps deem or consider inappropriate or objectionable and that can expose our users or Awesome Mob Apps to any harm or liability of any type.
13. Law Enforcement
You acknowledge that your use of the Services will not violate any laws whether local, municipal, state, national or international and the rights of any third party. You acknowledge that we are obliged to share and disclose information to law enforcement organization and government if required to so by law. We are not obliged to disclose affected users especially when the laws forbid us to do so.
14. Compensate or indemnity
You agree to defend, compensate, indemnify and hold Awesome Mob Apps and all its subsidiaries, its affiliate, officers, executives, employees, directors, partners and any agents associated with Awesome Mob Apps against any and all losses, liabilities and any damages including reasonable attorney's fees, rights, claims or demand, any kind of expenses, actions of any kind and injury (including death) arising out of the use of Awesome Mob Apps Services or Content in connection with using the Services or any violation of any law. This defense and indemnification obligation will survive in perpetuity.
15. Disclaimer
Your use of the services at your sole risk. The services provided on an "as is" and "as available" basis. Awesome Mob Apps expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Awesome Mob Apps does not give any implied or explicit guarantee or warranty for our Services, we make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, or (iv) the quality of service information, or other material purchased or obtained by you through the services will meet your expectations.
Awesome Mob Apps or its Office bearers shall under no circumstances be liable or responsible to the user or his/her authorized Representative or Guardian or any third party for any direct, indirect, special, exemplary, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of our Website/App Third Party Website/App Services.
Awesome Mob Apps does not warrant that the Website/App, its servers, or e-mail sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of our Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Notwithstanding anything contrary contained anywhere, under no circumstances, Awesome Mob Apps shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:
i. Any act or omission done by payment gateway/alliance partner etc.;
ii. Any untrue or incorrect information submitted by you or on your behalf;
iii. Any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user;
iv. Any unauthorized or illegal act done by you or any third party relating to or connected with any information submitted by you or on your behalf;
v. Any cybercrime attempted or committed by anyone;
vi. Any incident of force-majeure or 'act of god';
vii. Any issue already stated in these terms and conditions including limitation of liability clause of these terms and conditions.
viii. Using/availing of third party Services and for paying them through the Website.
ix. We shall not be liable for the outcome of during any interaction in a meeting, call, sms, chat, email or social media posts at any point of time.
x. Any issues relating to any technical malfunction of any telecommunication network, software, hardware failures, network congestion, denial of Services failure due to spamming or any combination of the above.
xi. Any unforeseen incidents that may occur in future that is beyond our control, like war, natural calamities etc.
You expressly agree that your use of this Website/App is at your sole risk.
16. Limitation of Liability
You expressly understand and agree that Awesome Mob Apps will not be liable for any indirect, incidental, special, consequential, exemplary damages, loss due to defamation or libel or loss of honour or any such loss or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Awesome Mob Apps has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the services. (ii) the cost of procurement of substitute goods and services. Resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services. (iii) unauthorized access to or change of your communication transmissions, activities or conversations or data; (iv) statements or conduct of any third party on the services. (v) Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us, for any specific paid package, and no further.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the services or with these terms and conditions, your sole and exclusive remedy is to discontinue use of the Services (both paid and free).
17. Customer Services
You can email awesomemobapp@gmail.com to address any concerns you may have regarding the Services. Our customer services will try its best to resolve most issue and troubleshoot most problems with the Services quickly to our customer's satisfaction. Both parties will enter into a good faith negotiation to settle any dispute, issues, claims or disagreement in using the Services before initiating a lawsuit or arbitration. Any such exceptional lawsuit or arbitration, that we think it is necessary to be filed, must be filed & settled in our nearby juridiction which is classified as our domicile.
By using the Awesome Mob Apps Apps, you waive certain rights to participate in class actions and you agree to resolve disputes with Awesome Mob Apps Apps, through binding arbitration (not in court and with very limited exceptions). You and CONSIM acknowledges that neither of us will bring or participate in any class action or other class proceeding in connection with any dispute with the other party. Further neither you nor CONSIM agrees to class arbitration.
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Privacy Policy of Awesome Mob Apps
We has taken reasonable steps to protect the user's data and shall take all reasonable efforts to protect any personal data provided to us through reasonable security safeguards against such risks as loss or unauthorized use, destruction, use, modification or disclosure of data etc.
Although we will strive to safeguard the confidentiality of your data, any information sent over the Internet cannot be made absolutely secure. You also agree that the copying the data by using technology or any other new methods of data misuse/theft cannot be secured by us and that we will have no liability for any such act. You understand and agree that we will have no liability for disclosure of your data due to errors in transmission or unauthorized acts of third parties. You also agree to keep your username and password confidential, to avoid any misuse of your accounts at our Website/App.
Awesome Mob Apps provides different type of apps constantly to provide you with premium quality Services. We are strongly committed to your right to privacy, we have drawn out a privacy statement with regard to the information we collect from you. You acknowledge that you are disclosing information voluntarily. By accessing /using the website/apps Services and/or by providing your information, you consent to the collection and use of the info you disclose on the website/apps in accordance with this Privacy Policy. If you do not agree for use of your information, please do not use or access this website/apps. If we make any changes to our privacy policy, we will update those changes on this page.
What information you need to give in to use this Website/apps?
Currently we are not gathering any personal information from the Services. You are only required to enter username and password to upload files to cloud service and these login information entered is not stored by our Services. Any future amendments will be updated.
Where is your documents are stored?
Your documents are only stored on your device and are never sent to a third-party service unless you explicitly choose to. However you can export them to other apps or back them up to a cloud storage service provided.
