THIS POLICY IS A PART OF THE APPLICATION TERMS & CONDITIONS.
Micromax Informatics may collect Your personal information in various ways, including but not limited to, user information submitted during download and installation of the App or in connection with registration for other activities or features offered through the App. You may be asked for details like name, email address, phone number and address. Micromax Informatics will collect Your personally identifiable information only if You voluntarily submit such information to Micromax Informatics. You can always refuse to supply personally identifiable information, except that it may prevent You from using the App, or certain features of the App.
Micromax Informatics may collect Your non-personal information whenever You access or interact with the App. Non-personal identification information may include the mobile name, version, the type of device used, users' operating system and version, the unique device ID of the mobile device, third party apps or website or service that referred You to this App, language preference, location information, IP address, technical information and other similar information about the User.
Your email address and password or Application ID or IMEI or GCM ID are used to identify You while logging into the App. Micromax Informatics may use this information to control Your access to the App as well as use of the App, to communicate with the User, customize Your experience of using the App and and/or the content of any email newsletter or other material that Micromax Informatics may send to You from time to time and provide information that may be useful or interesting based on the content and personally identifiable information relating to You.
Your email address or Application ID or IMEI or GCM ID will be used to send user information, administrative information, changes in account settings and any changes to the App or updating User on new policies of Micromax Informatics. Apart from this if You choose to opt-in to our mailing list, You will receive periodic emails that may relate to company news, related product or service information, etc. Email address may also be used for responding to any of the inquiries, questions, and/or any other requests made by You. If at any time You want to unsubscribe from receiving future emails, Micromax Informatics has included detailed unsubscribe instructions at the bottom of each email or You may contact Micromax Informatics via the App.
To analyse the use of the App, and the people visiting and using the App, for the purpose of improving the features of the App. Information provided by You helps Micromax Informatics in responding to Your customer service requests and support needs more efficiently. Micromax Informatics may use information in the aggregate to understand how users are, as a group are using the App.
Micromax Informatics may use the personal information provided by the User to prevent or take action against activities that are, or may be, in breach of the "Micromax User Agreement", "Terms and Conditions" and any applicable laws.
Micromax Informatics adopts appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of Your personal information, username, password, and data stored on the App. Sensitive and private data exchange between the Application and its users happens over a SSL (Secure Socket Layer) secured communication channel. However, Micromax Informatics cannot guarantee the security of any information obtained through unauthorized entry or use, hardware or software failure, and other factors that may compromise the security of user information at any time. It is important for the User to prevent unauthorized access to his/her account and personal information by limiting access to his/her device.
Micromax Informatics does not sell, trade, or rent Your personally identifiable information collected by Micromax Informatics to others except as described in this Policy. Micromax Informatics may share generic aggregated demographic information not linked to any personally identifiable information regarding visitors and users with Micromax Informatics business partners, trusted affiliates and advertisers for the purposes outlined above.
At times Micromax Informatics may be required by law or litigation to disclose personal information about the users. Micromax Informatics may also disclose information about the user if Micromax Informatics determines that for national security, law enforcement, or other issues of public importance that disclosure of information is necessary.
Micromax Informatics reserves the right to transfer Personal Information of users to another party as a result of merger, acquisition, or sale of all or a portion of Micromax Informatic’s assets to another party.
In case, if the user is receiving marketing or promotional emails from Micromax Informatics, You have the option to "opt out" of such marketing emails by following the instructions in those mails or by emailing Micromax Informatics at email@example.com . If the user opts out, he/she may still receive non-promotional emails from Micromax Informatics, such as emails about his/her account or any ongoing business relations entered into by Micromax Informatics.
You must follow any policies made available to you within the Services without any misuse including without limitation without any attempt to interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. Our Services also display Third Party content. Such Third Party content is the sole responsibility of the entity that makes it available. The Third Party content may not have been reviewed by us at all times. We may, at times, review content to determine whether it is illegal or violates our policies, and remove or refuse to display content that we reasonably believe violates our policies or the law.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
The Website, App, and the Services provided by the Company via the Website and App (collectively, the “Company Properties”) are protected by copyright laws throughout the world. Unless otherwise specified by the Company in a separate license, your right to use any Company Properties is subject to the Terms.
1.1 Application License
Subject to your compliance with the Terms, the Company grants you a limited non-exclusive, non-transferable, non-sub licensable, revocable license to download, install and use a copy of the App on a single mobile device or tablet that you own or control and to run such copy of the App solely for your personal purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketing place (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”) (the “Usage Rules”).
You understand that the Company Properties are evolving. As a result, the Company may require you to accept updates to the Company Properties that you have installed on your computer or mobile device. You acknowledge and agree that the Company may update the Company Properties with or without notifying you. You may need to update third-party software (e.g. your device’s operating system) from time to time in order to use the Company Properties.
1.3 Certain Restrictions
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Company Properties or any portion of the Company Properties, (b) you shall not frame or utilize framing techniques to enclose any trademark, content, logo, or other Company Properties (including images, text, page layout or form) of the Company; (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) access the Company Properties in order to build a similar or competitive application or service or website; (f) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties. For the purposes of clarity, the foregoing restrictions shall also apply to any Third Party Content (as defined in Section 4) made available via the Company Properties. Any future release, update or other addition to the Company Properties shall be subject to the Terms. The Company, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Company Properties terminates the licenses granted by the Company pursuant to the Terms.
1.4 Unauthorized Use
You agree that you will not, under any circumstances: (a) interfere with or damage Company Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (b) modify or cause to be modified any files that are a part of the Company Properties; (c) disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Company Properties; or (ii) the enjoyment of the Company Properties by any other person; (d) attempt to gain unauthorized access to the Company Properties, accounts registered to others, or to the computers, servers or networks connected to the Company Properties by any means other than the User (as defined in Section 2.1) interface provided by Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Company Properties; (e) access, tamper with or use non-public areas of the Company Properties, the Company’s computer systems, or the technical delivery systems of the Company’s providers; (f) attempt to probe, scan, or test the vulnerability of any Company system or network, or breach any security or authentication measures; (g) disrupt or interfere with the security of, or otherwise cause harm to, the Company Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Company Properties or any affiliated or linked sites; or (h) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party to protect the Company Properties.
2.1 Registering Your Account
In order to access certain features of the Company Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user of the Services (“User”) who has registered an account on the Website or App (“Account”), or has a valid account on the social networking service (“SNS”) through which the User has connected to the App (each such account, a “Third-Party Account”).
2.2 Access Through a SNS
If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing the Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the App. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and company disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.
2.3 Registration Data
In registering for use of the Services you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the App’s registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (x) at least thirteen (13) years old; (y) of legal age to form a binding contract; and (z) not a person barred from using the Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Company Properties by minors. You may not share your Account or password with anyone, and you agree to (a) notify the Company immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. You agree not to create an Account or use the Company Properties if you have been previously removed by the Company, or if you have been previously banned from any of the Company Properties.
2.4 Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Company Properties, including but not limited to, a mobile device that is suitable to connect with and use the Company Properties, in the event you are using the App on a mobile device. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Company Properties.
3.1 Company Properties
You agree that the Company and its suppliers own all rights, title and interest in the Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Company Properties. Company’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Company Properties are the trademarks of the Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Company Properties are the property of their respective owners.
3.2 Your Account
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the Company.
You agree that submission of any ideas, suggestions, documents, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Company Properties.
You acknowledge that the Company has no obligation to pre-screen information, data, text, music, sound, photographs, videos and other materials available on and through the Company Properties by third parties (“Third Party Content”), although the Company reserves the right in its sole discretion to pre-screen, refuse or remove any Third Party Content. In the event that the Third Party Company pre-screens, refuses or removes any Third Party Content, you acknowledge that the Company will do so for the Company’s benefit, not yours. Without limiting the foregoing, the Company shall have the right to remove any Third Party Content that violates the Terms or is otherwise objectionable.
You acknowledge and agree that the availability of the App is dependent on the App Store from which you received the App license. You acknowledge that the Terms are between you and the Company and not with the App Store. The Company, not the App Store, is solely responsible for the Company Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Company Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Company Properties, including the App. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of the Terms and will have the right to enforce them.
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, the Company Properties; (b) your violation of the Terms; or (c) your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Company Properties.
You expressly understand and agree that to the extent permitted by applicable law, your use of the company properties is at your sole risk, and the company properties are provided on an “as is” and “as available” basis, with all faults. Company parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. The company parties make no warranty, representation or condition that: (1) the company properties will meet your requirements; (2) your use of the company properties will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of the company properties will be accurate or reliable; or (4) any errors in the company properties will be corrected. The services may be subject to delays, cancellations and other disruptions. No advice or information, whether oral or written, obtained from company or through the company properties will create any warranty not expressly made herein.
8.1 Disclaimer of Certain Damages
You understand and agree that in no event shall company parties be liable for any loss of profits, revenue or data, indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the company properties, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, or personal or property damage or emotional distress, whether or not company has been advised of the possibility of such damages, arising out of or in connection with the terms, or from any communications, interactions or meetings with other users of the company properties, on any theory of liability, resulting from: (1) The use or inability to use the company properties; (2) The cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through the company properties; (3) Unauthorized access to or alteration of your transmissions or data; (4) Statements or conduct of any third party on the company properties; or (5) Any other matter related to the company properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.
8.2 Cap on Liability
If you have not paid the company any amounts during which you first assert any such claim, company’s sole and exclusive liability shall be limited to hundred Rupees (INR 100)
8.3 Basis of the Bargain
The limitations of damages set forth above are fundamental elements of the basis of the agreement between company and you. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Company Properties, unless terminated earlier in accordance with the Terms.
9.2 Termination of Services by Company
If you have materially breached any provision of the Terms, or if the Company is required to do so by law (e.g., where the provision of the Website, the App, or the Services is, or becomes, unlawful), or at the sole discretion of the Company, the Company has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your Account.
9.3 Termination of Services by You
If you want to terminate the Services provided by the Company, you may do so by closing your Account for all of the Services that you use.
9.4 Effect of Termination
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. The Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
If the Company becomes aware of any possible violations by you of the Terms, the Company reserves the right to investigate such violations. If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Company Properties, including Your Content, in the Company’s possession in connection with your use of the Company Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of the Company, its Users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate.
10.2 No Subsequent Registration
If your registration(s) with or ability to access the Company Properties is discontinued by the Company due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Company Properties or any Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Company Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, the Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
The Company Properties can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that the Company intends to announce such services or content in your country. The Company Properties are controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Company Properties are appropriate or available for use in other locations. Those who access or use the Company Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12.1 Electronic Communications
The communications between you and the Company use electronic means, whether you visit the Company Properties or send the Company e-mails, or whether the Company posts notices/notifications on the Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Company Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Properties.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
12.4 Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
12.5 Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Company Properties, please contact us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
12.6 Limitations Period
You and the company agree that any cause of action arising out of or related to the terms, the company properties or the content must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
12.7 Arbitration Agreement
Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: [Micromax Informatics Ltd. 288A, Udyog Vihar Phase IV, Gurugram 122015.]. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. All disputes, differences etc. arising under this Agreement between the parties shall be finally settled under the Arbitration & Conciliation Act 1996 and rules defined thereunder from time to time, by an Arbitral Tribunal consisting of sole Arbitrator appointed by company in accordance with the said Rules. The award shall be final and binding and enforceable in any court of competent jurisdiction. The arbitration shall be held in New Delhi, India, in the English language. The parties undertake and agree that all arbitral proceedings conducted with reference to this Article shall be kept strictly confidential and all information disclosed in the course of such arbitral proceeding shall be used solely for the purpose of those proceedings.
(d) Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for such purpose.
12.8 Governing Law
The Terms and any action related thereto will be governed and interpreted by and under the laws of India, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Company at the following address: email@example.com. Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
12.13 Accessing and Download the Application from an App Store
The following applies to any App accessed through or downloaded from an App Store:
(a) You acknowledge and agree that (i) the Terms are concluded between you and the Company only, and not Apple, Google or Microsoft, and (ii) the Company, not Apple, Google or Microsoft, is solely responsible for the App and content thereof. Your use of the App must comply with the applicable App Store’s terms of service or usage rules.
(b) You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(c) In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store, and the App Store will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, neither Apple, Google or Microsoft will have any other warranty obligation whatsoever with respect to the App. As between the Company and the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
(d) You and the Company acknowledge that, as between the Company and the App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between the Company and App Store, the Company, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and the Company acknowledge and agree that (i) Apple and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App from the Apple App Store, (ii) Google and Google’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App from the Android market or Google Play App Stores, and (iii) Microsoft and its subsidiaries are third-parties beneficiaries of the Terms as related to your license of the App from the Windows Phone Apps + Games Store; and that, upon your acceptance of the terms and conditions of the Terms, Apple, Google, or Microsoft, as applicable, will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App.
12.14 Entire Agreement
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.