TERMS: This is an agreement between you ("you" or "your") and www.metheyapp.com registered under KDB Mobitech and Soft ware solution (it will be referred as KDB) a private proprietorship firm registered with the Department of Trade, Ministry of Economic Affairs, Royal Governor of Bhutan located in Sherubling, Tongsa. (“KDB” "we," or "our") that governs your use of the search services offered by KDB through its WAP or any other medium using which KDB may provide the search services (collectively "Media" ). When you access or use any of the Media you agree to be bound by these Terms and Conditions ("Terms"). Please note that we may periodically change the Terms (including access fee, timings, equipment, access restrictions) without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting on the Media, and any use/access of the Media after such revisions have been posted signifies your consent to the changes.
MATERIALS ON THE MEDIA: The information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Media are for your personal and non-commercial use only. We are under no obligation to monitor the Materials. However, anyone using the Media agrees that KDB may monitor the Media contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Media properly or to protect itself and its users. MetheyApp reserves the right to modify, reject or eliminate any material residing on or transmitted to its Media that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions KDB reserves the right to delete (or to refuse to post to public forums) any Material it deems detrimental to the system or is, or in the opinion of KDB , may be, defamatory, infringing or violate of applicable law. KDB reserves the right to exclude Material from the Media. Materials submitted to KDB as publication on the Media may be edited for length, clarity and/or consistency with KDBs editorial standards.You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to KDB or using the Media or any of them to compile a collection of listings, including a competing listing product or service or for any unsolicited commercial e-mail. You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by KDBs its subsidiaries, its affiliate companies and/or any third party owner of such rights. You agree to indemnify us and hold us harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.
INTELLECTUAL PROPERTY RIGHTS: The KDBs firm names names and logos and all related products and service names, design marks and slogans are trademarks and service marks ("IP") owned by and used under license by KDBs or its subsidiaries or affiliate companies. All other IP herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use KDBs IP in any advertising, publicity or in any other commercial manner.
EXTERNAL LINKS, INFORMATION AND PRODUCTS OF THE ADVERTISERS: Links to external Internet sites may be provided within the content on Media as a convenience to users. The listing of an external site does not imply endorsement of the site by KDB or its affiliate companies and/or its subsidiaries. KDB does not make any representations regarding the availability and performance of its Media or any of the external websites to which we provide links. KDB and its affiliate companies and/or subsidiaries are not responsible for the content, functionality, accuracy, relevancy, copyright compliance, legality, authenticity, technological safety or decency of material contained in these external sites. We reserve the right to disable links to or from third-party sites to any of our Media, although we are under no obligation to do so.All those sections in the Media that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and KDB will at no point of time endorse or be responsible for the accuracy or correctness of such information. KDB reserves the absolute right to accept/or reject information from readers and/or advertisements and impose/relax Media access rules and regulations for any user(s). KDB does not examine whether the advertisers registered with KDB in whatsoever manner (the "Advertisers") are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. KDB has also not negotiated or discussed any terms of engagement with any of the Advertisers. The same should be done by you. Purchasing of goods or availing of services from Advertisers shall be at your own risk. Further, we do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Media.All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Media. Your correspondence or business dealing with or participation in the sales promotions of Advertisers or service providers found on or through the Media, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such Advertisers or service providers.References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Media.
REVIEWS, RATINGS & COMMENTS BY USERS: Since, KDB provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the KDB services and also about the Advertiser's listed at KDB is subject to additional terms and conditions as mentioned herein.You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by KDB and any materials you add to the Site or add to any mediums offered by KDB including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). KDB does not endorse or accept any of your Communication as representative of their (metheyapp) views. By transmitting any public Communication to the Site, you grant KDB as irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed.You confirm and warrant that you have the right to grant these rights to KDB . You hereby waive and groffered KDB l all rights including intellectual property rights and also "moral rights" in your Communications, posted at metheyapp through any of mediums of KDB. KDB is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also KDB reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.Men has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. KDB cannot review all Communications made on and through any of the mediums of KDB. However, KDB reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which KDB in its sole discretion deems inappropriate, offensive or contrary to any KDB policy, or that violate this terms: KDB reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then KDB reserves right to take appropriate legal action against you. Further, you shall indemnify and protect KDB against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments KDB takes no responsibility and assumes no liability for any content posted by you or any third party on KDB site or on any mediums of KDB.You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of KDB
WARRANTY: THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.KDB DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. KDB DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.JUSTDIAL DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.IN NO EVENT SHALL KDB BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF KDB ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. JUSTDIAL DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA.THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
ADDITIONAL DISCLAIMER: Users using any of metheyapp services across the following mediums ie. through internet ie www.metheyapp.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with KDB .All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and kDB does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with KDB. Further, MSN is not at all responsible for any act of Advertiser/s listed at metheyapp.
GOVERNING LAW: These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws' provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. KDB reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. KDB reserves the right to seek all remedies available at law and in equity for violations of these Terms.
NOTICE: All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: KDB Mobitech & Software solution, Sherubling, Tongsa.
FORCE MAJEURE: In no event shall we have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.
DISPUTE RESOLUTION: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration. a) All proceedings shall be conducted in English language and Dzongkha. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Tongsa, Bhutan.
ENTIRE AGREEMENT: These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.