READ CAREFULLY: RED CHARIOTS EVENT MANAGEMENT & MARKETING PRIVATE LIMITED (“RED CHARIOTS”) LICENSES THE USE OF THE ROAD RAKSHAK BOTH WEB BASED AND MOBILE APPLICATION (“Application”), TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (“EULA”) before downloading or using the Application which allows You to access RED CHARIOTS’ internet-delivered service from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Red Chariots (each separately a “Party” and collectively the “Parties”) as of the date you download the Application. Your use of the Application is subject to this EULA. With respect to the use of the Application, and to the extent the Subscription Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the Application
RED CHARIOTS licences use of the Application and Documents to You on the basis of this EULA and subject to any rules or policies applied by the Google Android application store and Apple IOS Application from whose Appstore, the End-user downloaded the App (Appstore Rules). RED CHARIOTS does not sell the App or Documents to you. RED CHARIOT and/or the owners of the App and Documents remain the owners of the App and Documents at all times.
By downloading the Application from this website or clicking on the "Accept" button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, limitations on liability in condition.
If you do not agree to the terms of this licence, we will not license the App and Documents to you and you must stop the downloading now [by clicking on the "Cancel" button below]. In this case the downloading process will terminate.
1.1 “Access” means to use or benefit from using the functionality of the Application.
1.2 “Application” means the Road Rakshak Application which has been designed to run on a smartphone or tablet and is available on Apple IoS and Google Android operating systems.
1.3 “Materials” is the collective term for the Application, User Documentation, and Excluded Materials.
1.5 “Excluded Materials” means any programs, modules, components, or functionality, if any, that may be included on media that are not within the License Parameters as described in the User Documentation, or for which You have not paid the applicable fees.
1.6 “License Parameters” means the definition and limitation of the applicable license scope in Section 2.2 hereof.
1.7 “Permitted Number” means a number relevant for the applicable License Parameters that RED CHARIOT may specify in the applicable User Documentation. The Permitted Number is one (1) unless otherwise provided by in such User Documentation.
1.9 “Territory” means the country in which You acquire the Application viz. Republic of India
1.10 “User Documentation” means the explanatory printed or electronic materials that RED CHARIOTS incorporates with the Application or sends to You on an invoice, via email, facsimile, or otherwise after You acquire the Application, including, but not limited to, license specifications, activation code, license files, instructions on how to use the Application, and/or technical specifications.
1.11 “You” means you personally (i.e., the individual who reads and is prompted to accept this Agreement) if you acquire the Application for yourself, or the company, or other legal entity for whom you acquire the Application.
2. APPLICATION LICENSE
2.1 LICENSE GRANT
RED CHARIOTS grants You a revocable, non-sublicensable, nonexclusive, non-transferable, limited license to download, install and use the Application for your personal, commercial/non- commercial use on a single mobile device owned or otherwise controlled by You strictly in accordance with the applicable User Documentation and within the scope of the License Parameters. RED CHARIOTS’ license grant is conditioned on Your continuous compliance with all license limitations and restrictions described in this Agreement. If You violate any of these limitations or restrictions, the license grant will automatically and immediately expire. The license descriptions in this Section 2 (Application License) define the scope of rights that RED CHARIOTS grants to You. Any usage of the Application or User Documentation outside the scope of the applicable license grant constitutes an infringement of RED CHARIOTS’ intellectual property rights as well as a material breach of this Agreement. No license is granted under the terms of this Agreement to Excluded Materials (if any). No license is granted under the terms of this Agreement if You did not lawfully acquire the Application.
2.2 LICENSE PARAMETERS
FOR ACCESS OF THE APPLCIATION THROUGH IOS & ANDROID DEVICES
RED CHARIOTS grants You a revocable, limited, non-exclusive and non-transferable license to download, install and use the Application for your personal or business use on a single mobile device owned or otherwise controlled by You
2.2.1. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
not to copy the Application or Documents except where such copying is incidental to normal use of the Application, or where it is necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application or Documents;
not to make alterations to, or modifications of, the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Application with another Application program, and provided that the information obtained by you during such activities:
is used only for the purpose of achieving inter-operability of the Application with another Application program;
is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
is not used to create any Application that is substantially similar to the Application;
to keep all copies of the Application secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Application;
2.2.3 No Included Maintenance and Support.
RED CHARIOTS may deploy changes, updates, or enhancements to the Application at any time. RED CHARIOTS may provide maintenance and support for the Application, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Application) nor Google (for Android Application) has an obligation to furnish any maintenance or support services in connection with the Application.
From time to time updates to the Application may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the Application and accepted any new terms.
2.2.5 CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By downloading the Application, You authorize RED CHARIOTS to send You (including via email and push notifications) information regarding the Subscription Service and the Application, such as: (a) notices about Your use of the Subscription Service and the Application, including notices of violations of use; (b) updates to the Subscription Service and Application and new features or products; and (c) promotional information and materials regarding RED CHARIOTS’ products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Application settings.
2.2.6 LICENSE FEE
To the extent You place purchase orders and RED CHARIOTS accepts it pursuant to this Agreement (“Order(s)”), each Order will constitute a contract between You and RED CHARIOTS, which shall be governed solely and exclusively by the terms and conditions of this Agreement, any applicable addenda and the applicable quotation, whether or not these documents are referenced on the Order. Any additional or conflicting terms and conditions appearing on an Order will not be effective unless agreed in writing by an authorized representative of You and RED CHARIOT.
Amounts invoiced will be paid in INR, within 30 days from the date of such invoice. Any past due invoices will be subject to the imposition of interest charges in the amount of one and one-half percent per month or the applicable legal rate currently in effect, whichever is lower. Unless timely provided with a valid certificate of exemption or other evidence that items are not taxable, RED CHARIOTS will invoice You for all applicable taxes including, but not limited to GST. You will make all payments free and clear of, and without reduction for, any withholding or other taxes; any such taxes imposed on payments by You hereunder will be Your sole responsibility. If You appoint a third party to place purchase orders and/or make payments on Your behalf, You shall be liable for payment under Orders placed by such third party in the event of default.
Road Rakshak Application shall be deemed delivered when made available to You for download/access. RED CHARIOTS retains a security interest in the Application delivered under this Agreement, to secure payment of the purchase price of such Application, and You agree to sign any documents that RED CHARIOTS determines to be necessary or convenient for use in filing or perfecting such security interest.
3 ACCEPTABLE USE RESTRICTIONS
not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system; not infringe our intellectual property rights or those of any third party in relation to your use of the Application (to the extent that such use is not licensed by this EULA); not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Application; not use the Application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; You may not export the Application in violation of this Agreement, or in violation of Indian laws and/or other applicable laws; and You may not Access the Application or User Documentation outside of the Territory.
The provisions of this Section 3 shall survive the termination of this Agreement.
4.COLLECTION AND USE OF INFORMATION
5. LINKS TO THIRD PARTY WEBSITES AND MOBILE APPLICTIONS:
RED CHARIOTS Application and Services may contain links to other websites and mobile applications provided by third parties and may link you automatically to third-party websites, mobile applications or services. These links are provided for Your convenience only. RED CHARIOTS has no control over the contents of those websites, mobile applications or services, and accepts no responsibility for them or for any loss or damage that may arise from Your use of these websites, applications or services. If you decide to access any of the third party websites, mobile applications or services linked to or through the RED CHARIOTS Applications and the Services, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites, mobile applications or services.
6. NO WARRANTY
Your Use Of The Application is at Your Sole Risk. The Application is Provided On An “As Is” And “As Available” Basis. RED CHARIOTS expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Application is only available for supported devices and might not work on every device. determining whether your device is a supported or compatible device for use of the Application is solely your responsibility, and downloading the Application is done at your own risk. RED CHARIOTS does not represent or warrant that the Application and your device are compatible or that the Application will work on your device.
6.1 IOS Application. Apple expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement..
6.2 Android Application. Google expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
7. TERMINATION AND EFFECT OF TERMINATION.
7.1 Termination RED CHARIOTS reserves the right to suspend or terminate Your access to the Application at any time based on the status of Your account under the Subscription Agreement.
7.2 Effect of Termination: On termination for any reason: all rights granted to you under this EULA shall cease; You must immediately cease all activities authorised by this EULA; You must immediately delete or remove the Application from all your Devices, and immediately destroy all copies of the Application and Documents then in your possession, custody or control and certify to us that You have done so.
8.INTELLECTUAL PROPERTY RIGHTS.
8.1 You acknowledge that except as expressly provided otherwise in this Agreement, title, ownership, and all rights and interest including, without limitation, patents, copyrights, trademarks, trade secrets, and other intellectual property rights, in and to the Application and any authorized copies made by You remain with RED CHARIOTS and its licensors, that rights in the Application are licensed (not sold) to you, and that you have no rights in, or to, the Application, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
8.2 You acknowledge that you have no right to have access to the Application in source-code form.
8.3 In the event of a third party claim that the Application, or Your possession and use of the Application infringes third party’s intellectual property rights, RED CHARIOTS will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
9.LIMITATION OF LIABILITY
9.1 You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Application as described in the Documents meet your requirements.
9.2 In no event shall RED CHARIOTS have any liability for any incidental, special, indirect, or consequential damages; loss of life or injury, loss of profits, revenue, or data; business interruption, or cost of cover.
10. GENERAL TERMS
10.1No Assignment; Insolvency. You may not assign this Agreement or any rights hereunder (whether by purchase of stock or assets, merger, change of control, operation of law, or otherwise) and any purported assignment by You shall be void. The Agreement and the licenses granted hereunder shall terminate without further notice or action by RED CHARIOTS if You become bankrupt or insolvent, make an arrangement with Your creditors, or go into liquidation.
10.2 Choice of Law. This Agreement and any disputes arising out of or in connection with this Agreement shall be governed by the laws of India.
10.3 Entire Agreement. This Agreement and the applicable User Documentation constitute the entire agreement between us and supersede any other previous or contemporaneous communications, agreements, representations, or advertising with respect to the Application and User Documentation. Any modifications to this Agreement shall be invalid, unless made in writing and signed by a duly authorized representative of RED CHARIOTS.
10.4 Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of this Agreement in any other jurisdiction.
10.5 No Waiver. No term or provision hereof will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach.
10.6 Language. The English language version of this Agreement is legally binding in case of any inconsistencies between the English version and any translations.
10.7 Contact Information. If You have any questions regarding this EULA, please contact RED CHARIOTS by email at email@example.com, by phone at 044-24463196.
This applies only to Codes of roadrakshak purchased through roadrakshak.