Terms And Conditions

These Terms of Use regulate the relationship between The Popple trading as Vatsana Technologies (“VAT”, “our”, “us” or “we”) and you in relation to your use of our website(s) located at https://www.thepopple.com . Our site(s) is operated by Vatsana Technologies Pvt. Ltd.

These Terms of Use consolidates our Privacy Policy (which explains you about how we use your personal information available on the internet) and Cookies Policy (which explains you about the use of cookies on our sites). Please read these Terms of Use carefully before you use our site(s). They are a legally tying contract and bear valuable information on your legal rights and responsibilities.

By entering or utilizing our site(s), you agree to comply with and be tied by these Terms of Use. If you do not agree to be tied by these Terms of Use, do not access our site(s). These Terms of Use apply to anyone who accesses our site(s). You may or may not be a registered user.

Accessing our site(s):

1.1 By accessing our sites you verify that:

1.1.1 You trust and acknowledge to comply with these Terms of Use;

1.1.2 You have studied and understood our Privacy Policy;

1.1.3 You accept and agree to comply with our Cookies Policy;

1.1.4 You are above the age of 18 years old; and

1.1.5 Accessing adult material is not illegal in your country’s jurisdiction.

1.2 Access to our site(s) is permitted on a temporary basis and we reserve the right to withdraw or amend access to our site(s) or any service(s) we provide on our platform without any advance notice. Now, because we do not charge you for accessing our site, we will not be liable to you, (if) for any reason our site is not available at any time or for any undescribed period of time.

1.3 Before you can see certain parts of our site, you may be asked to complete a login process by sharing the information inquired in a form. You must present the information which is full, correct, latest and does not mislead in any form. The access may depend on any information shared by you so it is essential that you agree with this condition. You must tell us immediately if any revisions to the information that you have shared with us are required.

1.4 If you choose or we provide you with any personal identification information, security procedures, or passwords, you must treat that piece of information as confidential and are not allowed to disclose it to any third party. We (The Popple) hold the right to disable any user identification information, or password, whether allocated by us or chosen by you, at any time, if in our opinion you get caught violating our Terms of Use.

1.5 You are going to be held responsible for executing all arrangements for yourself to get access to our site. You have to make ensure that all persons who access our site through your internet connection are aware of these Terms of Use and that they agree with them.

Ownership of OUR SITE and SITE CONTENT:

2.1 We are the owner or the licensee holder of all Intellectual Property Rights in our site(s) and in the material published on them (including the Site Content). There is Intellectual Property Rights in our site(s), and those materials are protected by laws and treaties around the globe and all such rights are possessed by us.

2.2 We give you a non-exclusive, non-transferable, non-sub-licensable, and revocable limited right to access, reclaim and show our site(s) and the Site Content on a smartphone, computer screen, or a tablet. You may print off a copy and may download selections, of any page from our site for your individual use. Recommendations only provided is that you do not alter the paper or digital copies of any materials you have printed off or downloaded in any way from our site, and you do not use any illustrations, photographs, video, audio or graphics independently from any accompanying text.

2.3 Other than as set out in condition 2.2 above, you cannot use, reproduce, copy, post, upload, transmit, modify, or mirror on a different website(s) or in any other media, distribute or create copied works of our site(s) or any Site Content. Other than that as stated out in condition 2.2 before, we do not give you any licenses or rights to use our sites or any Site Content.

2.4 Our name (and that of any recognized contributors) as the writers of material (including the Site Content) on our sites must forever be acknowledged.

2.5 If you copy, print off, or download any part of our site(s) in violation of these Terms of Use, your right to use our site(s) will halt immediately and you must, at our choice, return or destroy any duplicates of any Site Content you have produced.

2.6 You accept that the names, images, and logos identifying “The Popple”, “Vatsana Technologies,” and our associated companies, or our licensors and their products and services are owned either by us, our affiliated companies or our licensors. You may not use them without the prior written approval of us and our affiliated organizations and/or our licensors (as applicable).

Dependence on information posted:

3.1 Editorial information posted on our site is not meant to advise, any reliance on it should not be placed. We shall not be held accountable for any loss, accident or damage occurring as a result of such reliance by you or any third party.

3.2 We aim to keep our site updated and we may change the Site Content in the process at any time. Any of the material (including the Site Content) on our site may be out of date at any given time, and we are under no commitment to update such material.

Our liability:

4.1 Nothing in these Terms of Use (including the Privacy Policy and Cookies Policy) excludes or restricts our responsibility for

4.1.1 Death or personal injury arising from our negligence;

4.1.2 Our fraud or fraudulent misrepresentation; or

4.1.3 Any other liability that cannot be excluded or limited by Indian Law.

4.2 Subject to condition 4.1, you use our site at your own risk. Our site(s) and the Site Content is shared without any warranties, guarantees, and conditions of any kind. We do not warrant that the features contained in our sites will be unbroken or error-free, that errors will be corrected, or that the Site Content will be accurate, relevant or appropriate for your circumstances, purposes or requirements.

4.3 Subject to condition 4.1 to the fullest extent permitted by law, we expressly exclude:

4.3.1 All forms, guarantees, descriptions and other terms which might otherwise apply to your use of our site(s) and/or any Site Content, whether express or implied by statute, the common law or the law of equity;

4.3.2 Any responsibility for any direct, indirect or eventful loss or damage incurred by any user in connection with our site(s) or in association with the use, failure to use, or outcomes of the use, of our site, the use of or dependence on any Site Content, howsoever arising and whether caused by violation of contract, tort (including negligence) or otherwise.

4.4 Whilst we will put right efforts to ensure Site Content and any software and/or information made available on or through our site(s) does not contain any viruses or harmful code, you agree and acknowledge that any Site Content, software and/or data downloaded or otherwise received through the use of our sites is downloaded and used at your own responsibility and risk. Subject to condition 4.1, you certify and acknowledge that you will be solely liable for all damage and loss, including without limitation damage to your own computer system and loss of information/data resulting in connection with the download of such Site Content, software and/or data.

4.5 Where our site(s) contain links to another website(s) and resources provided outside the https://www.thepopple.com, such links are given for your knowledge only. Such links are not and should not be paraphrased as support by us of those linked sites. We are not liable for the privacy exercises or content of any such linked websites.

4.6 Reference to any third-party services, products, companies, and websites on our sites is for information purpose only and compounds neither an endorsement nor a recommendation.

Uploading user content to our site:

5.1 Whenever you make use of a function that permits you to upload User Content to our site(s), or to make contact with other users of our site, you must agree with the Content Standards. All User Content you share, upload, or post must comply with the Content Standards. You agree to reimburse us and keep paying us on demand against all the loss and damage sustained by, provoked by or granted against us arising out of or in connection to User Content which does not comply with the Content Standards.

5.2 We will treat all User Content you post and upload to our site(s) as non-confidential and non-proprietary. You allow us royalty-free, permanent, non-exclusive license (including the right to grant permission to third-parties) to use, copy, share, reproduce and publish any and all User Content (including, without restrictions, on our site, on other websites, on physical commodities and in promotional and/or marketing material developed, in each case whether developed by us or on our behalf or on behalf of our associates).

5.3 We might reveal your identity to any third party who claims that any User Content posted, shared or uploaded by you defames them, constitutes a violation of their Intellectual Property Rights or violates their right to privacy.

5.4 We have the right to remove any User Content or posting you make on our site(s) if, in our opinion, such material does not match with the Content Standards.

5.5 You shall only share, upload and post User Content that complies with our Content Standards and that you either own or have licenses to share, upload or post.

5.6 You represent and guarantee on an ongoing basis that you:

5.6.1 Are the owner or authorized licensee of all User Content;

5.6.2 Have all necessary rights (including, but not limited to, all Intellectual Property Rights) and permits required to share, post, or publish the User Content and to give us the rights in the User Content set out in these Terms of Use;

5.6.3 Will do not share, post, or upload User Content that violates relevant law or regulations; and

5.6.4 Have all necessary permissions and consents from any third party whose private information is included in any User Content.

5.7 You agree to make your User Content accessible to us in the same method mentioned in these Terms of Use without any pay or other compensation to you. We may, at our sole choice, access, delete, edit or remove any User Content registered on our sites, without permission of or notification to you. We may (but are not obliged to) monitor your activities (or be alerted to the same) on our sites for any reason.

Privacy policy

6.1 We process private information about you in relevance to our Privacy Policy. By using our site(s), you allow to such processing and you ensure that all the private information you provide is whole, accurate, up-to-date and not misleading.

Cookies policy

7.1 We use cookies in accordance with our Cookies Policy. By using our site(s), you agree to our use of cookies in accordance with our Cookies Policy.

Viruses, hacking and other offenses:

8.1 You must not misuse our site(s) by intentionally introducing viruses or harmful code. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

8.2 By violating this condition 8, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such violation to the relevant law enforcement authorities and we will co-operate with those authorities by sharing your identity with them. In the event of such a breach, your right to use our site will stop immediately.

Prohibited uses

You may use our site(s) only for lawful purposes. You may not use our sites:

9.1.1 In any way that is against the law or fraudulent, or has any unlawful or fraudulent intention or effect;

9.1.2 For the purpose of harming or attempting to harm someone underage in any way;

9.1.3 To send, upload, download, use or re-use any material which does not match with our Content Standards;

9.1.4 To send, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (i.e. spam);

9.1.5 For any purpose that in our reasonable opinion damages our reputation or the reputation of companies associated with us;

9.1.6 For any purpose other than your personal, non-commercial use.

Interactive services

10.1 We may from time to time provide interactive services on our site(s), including, without limitation:

10.1.1 Chat rooms;

10.1.2 Bulletin boards;

10.1.3 Comments features;

10.1.4 Surveys

(together with the interactive services and each an interactive service).

10.2 Where we do present any interactive service, we will give clear information to you about the kind of service offered, if it is moderated or not and, if so, what form of moderation is used (including whether it is human or technical moderation).

10.3 We are under no duty to oversee, moderate or monitor any interactive service we provide on our sites, and subject to condition 4.1 we expressly exclude our liability for any injury, loss, or damage occurring from the use of any interactive service by a user in contravention of our Content Standards, whether the service is supervised (humanly or technically) or not.

10.4 If you suppose that any Site Content or User Content appearing on our site(s) do not comply with our Content Standards then you may write to us and request that such content should be removed from our site(s) by emailing [email protected] where we are informed of content that does not match with our Content Standards, and we shall withdraw the relevant content piece as soon as reasonably practicable following receipt of such information.

Content standards

11.1 These Content Standards will apply to any and all User Content which you provide to our site(s) and to any interactive services associated with it.

11.2 You must comply with the spirit of the Content Standards as well as the letter. The Content Standards apply to each part of any User Content as well as to its whole.

11.3 All User Content must:

11.3.1 Be accurate (where it states any facts);

11.3.2 Be genuinely held (where it states opinions); and

11.3.3 Must comply with applicable law in India and in any other country from which it is posted, shared or uploaded.

11.4 User Content:

11.4.1 Must-not contain any matter which is defamatory;

11.4.2 Must-not contain any material which is obscene, offensive, hateful or inflammatory;

11.4.3 Must-not contain s*xually explicit material;

11.4.4 Must-not promote violence/cruelty/hatred;

11.4.5 Must-not promote discrimination based on race, s*x, religion, nationality, disability, s*xual orientation or age;

11.4.6 Most-not trespass any third party Intellectual Property Rights;

11.4.7 Must-not be likely to and/or intended to cheat any person;

11.4.8 Must-not be made in violation of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

11.4.9 Must-not promote any illegal activity;

11.4.10 Must-not be abusive, threatening, invade another’s privacy, or cause any annoyance, anxiety or inconvenience to any third party;

11.4.11 Must-not be likely to and/or intended to upset, harass, embarrass, annoy or alarm any other person;

11.4.12 Must-not be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

11.4.13 Must-not give the impression that it is produced by us, if this is not the case; or

11.4.14 Must-not promote, advocate or assist any unlawful act such as (example only) copyright infringement or computer misuse.

Termination and suspension

12.1 In the situation of failure to match with our Content Standards or Terms of Use, it may result in us taking action against you, including without limitation all or any of the following actions:

12.1.1 Immediate, temporary or permanent end of your right to use our site(s);

12.1.2 immediate, temporary or permanent end of any User Content shared, uploaded, or posted by you to our site(s);

12.1.3 Issue of a warning to you;

12.1.4 Bringing legal measures against you to recover our damages and losses arising out of or in connection with your violation, including pursuant to the payment you give us in condition 5.1 above;

12.1.5 Further legal action against you; and/or

12.1.6 Revelation of your private information by us in respect of the violation to law enforcement authorities as we reasonably believe is important.

Linking to our sites

13.1 You may link our home pages, but in a way that is acceptable, and legal and does not hurt our reputation or takes advantage of it, but you must not establish a connection in such a way as to refer any form of association, approval or support on our part where none exists.

13.2 You must not place a link from any website that is not held by you.

13.3 Our site(s) must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must match in all respects with our Content Standards.

Jurisdiction and applicable law:

14.1 The Indian courts will have exclusive jurisdiction over any claim arising from or related to, a visit to our site(s). Without prejudice to the foregoing, we hold the right to bring actions against you for violation of these terms and conditions in your country of residence or any other relevant country related to you.

14.2 These Terms of Use and any scandal or claim arising out of or in association with them or their subject matter or formation (including non-contractual arguments or claims) shall be administered by and construed in accordance with the law of India.

CHANGES TO OUR TERMS OF USE

We may change and update these Terms of Use at any time. Please frequently review these Terms of Use as your continuous use of our sites indicates your acknowledgement to any changes that we will make. Some of the terms contained in these Terms of Use may also be replaced by provisions or notices published elsewhere on our site(s).

Promotions and competitions

16.1 We may from time to time run contests and/or promotions from our site(s), which might have separate terms and conditions, and it will be provided to you by us only.

GENERAL

17.1 We may transfer our rights and duties under these Terms of Use between you and us to other organization(s), but this will not impact your or our rights or duties under these Terms of Use. We will inform you by posting on our sites if this ever happens. You may not give your rights or duties under these Terms of Use to other people without any our prior written agreement from us.

17.2 These Terms of Use are between you and us only. No third party/person shall have any rights to govern any of these Terms of Use.

17.3 Headings in these Terms of Use are for your ease only and will have no legal meaning or effect.

17.4 Each of the agreements and sub-agreements of these Terms of Use operates separately. If any court or relevant authority under the law decides that any of these terms and conditions are unlawful or unenforceable, then the remaining agreement and/or sub-agreement (as appropriate) will stay in full force and effect.

17.5 If we fail to ask that you perform any of your duties under these Terms of Use, or if we do not use our rights against you, or if we delay in doing so, that will not mean that we have ignored/waived our rights against you and will not mean that you do not have to follow those obligations. If we do ignore/waive a default by you, we will only do so in writing, and that will not mean that we will automatically ignore/waive any later default by you.

17.6 Complete Agreement:

17.6.1 These Terms of Use (including our Privacy Policy and Cookies Policy) set out the complete agreement and understanding between the parties, and supersede all proposals and prior contracts, arrangements, and understandings between the parties, relating to their subject matter.

17.6.2 Subject to condition 17.6.3, each party agrees that in entering into these Terms of Use it has not relied on any warranty, representation, collateral contract or other assurance (except those set out in these Terms of Use) made by or on behalf of any other party at any time. Each party ignores/waives all rights and remedies which, but for this condition 17.6.2, might otherwise be available to it in respect of any such warranty, representation, collateral contract or other assurance.

17.6.3 Nothing in this condition 17.6 ends or excludes any responsibility for fraud or fraudulent misrepresentation.

Definitions

Where used in these Terms of Use, the following capitalised terms shall have the following meanings:

18.1 Content means all information, headings, description, title, thumbnail, content, reports, materials, profiles, feedback, data, ideas, tags, submissions, messages, recommendations, material, any text, articles, music, photos, videos, posts, comments, responses, e-mail, and other content.

18.2 Content Standards means those rules and measures set out in condition 9 (Prohibited Use) and condition 11 (Content Standards), which you must agree with when posting, sharing and uploading User Content.

18.3 Intellectual Property Rights means:

(a) all (i) patents, patent applications and related patent rights (including divisions, continuations, continuations-in-part, renewals, reissues, and extensions thereof) and other rights in inventions; (ii) rights associated with works of authorship including moral rights, copyrights and registrations there of; (iii) rights relating to the protection of trade secrets and confidential information; (iv) rights relating to the protection of know-how; (v) rights relating to the of trademarks, service marks, trade names business names and logos (including rights in goodwill attached thereto); (vi) rights in internet domain names and website addresses; (vii) database rights; (viii) rights in registered and unregistered designs; (ix) semi-conductor topography rights; (x) other intellectual property rights; and (xi) all priority rights related to the foregoing under applicable conventions, in each case subsisting at any time (whether registered or unregistered);

(b) any pending applications or rights to apply for registrations of any of the rights set out in limb (a) that are capable of registration in any country or jurisdiction; and

(c) any similar or analogous rights to any of the rights set out in the limb (a) in any jurisdiction.

18.4 Site Content means Content that we have uploaded to and posted on our sites (including Content provided by other users).

18.5 User Content means all Content posted or uploaded onto our site by you or anyone on your behalf, including, but not limited to, any personal information about you provided by you or collected by us via our sites or otherwise.