TERMS OF SERVICE
Last modified: Oct 15, 2014
Mavin provides a mobile applications (the “Apps”, and collectively with the Site and all services provided through the Site and App, the “Services”) that allows businesses to deliver ads, coupons, content and deals (collectively, “Advertisements”) to a user’s mobile phone and compensates users with mobile data (“Rewards”). The Services are provided by Mavin Inc. (“Mavin” or “we” or “our” or “us”), located at B-13/14, Institutional Area, Sector-32, Gurgaon 122001. For information about how to contact us, please email us at [email protected] .
BY USING OUR SERVICES, YOU ARE AGREEING TO THESE TERMS OF SERVICE (THIS “AGREEMENT”) WITHOUT LIMITATION OR QUALIFICATION. PLEASE READ THEM CAREFULLY. BY USING OUR SERVICES, YOU AGREE THAT THIS AGREEMENT IS LEGALLY BINDING AND ENFORCEABLE JUST LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT WITHOUT LIMITATION OR QUALIFICATION, YOU MUST NOT USE ANY OF THE SERVICES.
When you use the Services, Mavin will monitor your usage of a selected few mobile applications (Promoted Apps) on your mobile phone. By viewing and further engaging with the Promoted Apps, you will earn Rewards that will enable you to get 3G Data Plans on your prepaid mobile account.
Rewards. When you have viewed and engaged sufficiently with the Promoted Apps we will automatically credit your mobile prepaid account with a MobileData Plan (also known as Data Pack) that is valid for the next 24 hour period. We reserve the right to modify the way that you can redeem Rewards. We may elect to invalidate any Rewards at our discretion and if we do so, you will no longer be able to benefit from them.
Use of the Promoted Apps may be subject to additional terms and you agree to abide by those terms. The determination of the Promoted Apps you see, whether you have earned any Rewards and what products and services you may receive against the rewards will be made entirely by us. – and we do not guarantee that you will receive any Advertisements or Rewards.
Closing Your Account & Opting out of the Services. You may stop using the Mavin Services at any point by uninstalling the Apps. If you uninstall the Apps we may elect to invalidate those Rewards that you have earned.
Using our Services
You will follow and abide by all Mavin policies made available to you and applicable to the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. Without limiting the foregoing sentence, Mavin does not authorize the downloading or exportation of any software or technical data. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used with our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Mavin’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications by following the applicable opt out instructions.
We respond to notices of alleged copyright infringement and terminate Mavin Accounts of repeat infringers.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights you should notify us by contacting us.
Your Content in our Services
Some of our Services allow you to submit content. You retain ownership of the intellectual property rights, if any, that you hold in that content. In short, what belongs to you stays yours as far as we are concerned.
When you upload or otherwise submit content to our Services, you give Mavin (and those we work with) a non-exclusive, irrevocable, fully paid up, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate (including by displaying, performing or publishing), and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Our Services may offer you ways to access and remove content that has been provided to that Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Mavin gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Mavin as part of the Services only. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mavin for your personal benefit only (or if you are using the Services on behalf of a business, for the internal use of the business only) and not for any commercial purposes, in the manner permitted by this Agreement. You may not copy, modify, distribute, sell, or lease or otherwise commercially exploit in any manner any part of our Services, nor sell, copy, exchange, transfer, publish, assign or otherwise distribute anything in the software you access for our Services, including any portions or copies of such software, or anything which would be considered a derivative work of such software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our prior written permission from an authorized representative of Mavin.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you under the third party software and services identified below. There may be provisions in the open source license that expressly override some of these terms and may require you to take certain actions, or restrict you from taking certain actions, all as provided in the applicable license.
Modifying and Terminating our Services
We expect to be constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether at any time and with or without advance notice to you.
You can stop using our Services at any time, although we’ll be sorry to see you go. Mavin may also stop providing Services to you, or add or create new limits to our Services at any time and with or without advance notice to you.
We believe that you own your content and preserving your access to such content is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a reasonable opportunity for you to download a copy of your content before discontinuing that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, NEITHER MAVIN NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR ANY OTHER VENDORS TO MAVIN MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, AND WITHOUT LIMITATION, WE DON’T MAKE ANY REPRESENTATIONS, WARRANTIES OR ANY OTHER COMMITMENTS OF ANY KIND ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, OR THAT THE SERVICES WILL BE ERROR FREE OR THEIR AVAILABILITY WILL BE PROVIDED IN AN UNINTERRUPTED MANNER, OR THAT ANY OF YOUR CONTENT WILL BE AVAILABLE TO YOU OR OTHERS AT ANY PARTICULAR TIME IN THE FUTURE. WE PROVIDE THE SERVICES “AS IS”AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NONINFRINGEMENT..
THE LAWS OF SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM AND EXCLUDE ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND.
Liability for our Services
WHEN PERMITTED BY LAW, MAVIN, AND MAVIN’S LICENSORS, SUPPLIERS, DISTRIBUTORS, AND ANY OTHER MAVIN VENDORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, CONTENT OR OTHER DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND EVEN IF MAVIN OR ANY OF THE OTHERS DESCRIBED HAD BEEN INFORMED OF THE POSSIBILITY OF YOU INCURRING SUCH LOSSES OR DAMAGES, AND WITHOUT LIMITING THE FOREGOING MAVIN WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS TO YOUR CONTENT OF ANY KIND HOWEVER CAUSED.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MAVIN, AND ITS LICENSORS, SUPPLIERS, DISTRIBUTORS AND ANY OTHER MAVIN VENDORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES AND WITHOUT LIMITING THE FOREGOING LIABILITY LIMITATIONS, MAVIN, AND ITS LICENSORS, SUPPLIERS, DISTRIBUTORS, AND ANY OTHER MAVIN VENDORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Because some countries or jurisdictions thereof do not allow the exclusion or the limitation of liability for consequential or incidental damages, you agree that in such states, countries or jurisdictions thereof, the liability of Mavin will be limited to the fullest extent permitted by applicable law.
About these Terms and changes to these Terms
At any time and with or without prior notice to you, we may modify any of the terms of this Agreement, adopt additional terms, or any modify any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services, or for any other reason determined by us to be desirable . You should review the terms under this Agreement regularly. We’ll post notice of modifications to the terms under this Agreement or adoption of any additional terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively unless made for legal reasons and retroactive effectiveness is permitted; otherwise, such changes will become effective when they are posted.. If you do not agree to any modified or additional terms of any Service, you should discontinue your use of that Service immediately.
Third Party Disclaimer
The Service may contain Advertisements and contain links to third party websites and services (collectively, “Advertisements and Third Party Sites”). Such Advertisements and Third Party Sites are not under the control of Mavin and Mavin is not responsible for any Advertisements, Third Party Sites or any products or services promoted in or on the Advertisements and Third Party Sites. Mavin provides these Advertisements and access to Third Party Sites only as a convenience and does not warrant or make any representations with respect to the Advertisements and Third Party Sites. You use all the Advertisements and Third Party Sites, and the products and services promoted in or on the Advertisements and Third Party Sites at your own risk. When you link to a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Advertisements and Third Party Sites
Without limiting the foregoing, Mavin specifically disclaims any responsibility if such sites:
- infringe any third party’s intellectual property rights;
- are inaccurate, incomplete or misleading;
- are not merchantable or fit for a particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or
- are libelous or defamatory.
If there is a conflict between the terms in this Agreement and any additional or modified terms, the additional or modified terms will control for the purposes of reconciling that conflict.
This Agreement and any and all additional or modified terms control the relationship between Mavin and you. They do not create any third party beneficiary rights of any kind.
If you do not comply with this Agreement and any applicable terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms and any unenforceability will be strictly limited.
For information about how to contact Mavin, please email us at [email protected]