END
USER LICENSE AGREEMENT
Last updated December 2021
Visalynk is licensed to you (End-User) by Visalynk
Immigration Consultancy, located B101, Knox Plaza, Mindspace, Behind Inorbit
Mall, Malad West, Mumbai Maharashtra 400064, (hereinafter: Licensor), for use
only under the terms of this License Agreement.
By downloading the application from Google Play Store
or via any other mode, and any update thereto (as permitted by this Licenses
Agreement), You indicate that you agree to be bound by all of the terms and
conditions of this License Agreement and that you accept this License
Agreement.
The parties of this Licenses Agreement acknowledge
that none other than Visalynk Immigration Consultancy is a Party to this
Licenses Agreement and is bounded by all provisions and obligations with regard
to the application, such as warranty, liability, maintenance, and support
thereof. Visalynk Immigration Consultancy, is solely responsible for the licensed
application and the content thereof.
All rights not expressly granted to you are reserved.
1. THE APPLICATION
Visalynk (hereinafter: Application) is a piece of
software created to keep clients updated on their process, and customized for mobile
devices. It is used to view latest updates, post and to keep track of their
process.
2. SCOPE OF LICENSE
2.1 You may not reserve engineer, translate,
disassemble, integrate, decompile, integrate, remove, modify, combine, create
derivative works or updates of, adapt, or attempt to derive the source code of
the Application, or any part thereof (except with Visalynk Immigration
Consultancy’s prior written consent).
2.2 Licensor
reserves the right to modify the terms and conditions of licensing.
3. TECHNICAL REQUIREMENTS
3.1 Licensor reserves
the right to modify the technical specifications as it sees appropriate at any
time.
4. MAINTENANCE AND SUPPORT
4.1 The licensor is solely responsible for providing
any maintenance and support services for this licensed Application. You can
reach the licensor at the email address listed in the Play Store for this
licensed Application.
5.USER
GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to,
or participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or in Application, including but not limited to text, writing,
video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, “Contributions”). Contributions
may be viewable by other users of the Application and through third-party
websites or applications. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
1.
The creation,
distribution, transmission, public display, or performance, and the accessing, downloading
or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret,
or moral rights of any third party.
2.
You
are the creator and owner of or have the necessary licenses, rights, consents, releases
and permissions to use and to authorize us, the Application, and other users of
the Application to use yours Contributions in any manner contemplated by the
Application and these Terms of Use.
3.
You
have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use name or likeness or
each and every such identifiable individual person to enable inclusion and use
of your Contributions in any manner contemplated by the Application and these
Terms of Use.
4.
Your
Contributions are not false, inaccurate, or misleading.
5.
Your
Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
6.
Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libellous, slanderous, or otherwise objectionable (as determined by us).
7.
Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.
Your
Contributions are not used to harass or threaten (in legal sense of those
terms) any other person and to promote violence against a specific person or
class of people.
9.
Your
Contributions do not violate any applicable law, regulation, or rule.
10.
Your
Contributions do not violate the privacy or publicity rights of any third
party.
11.
Your
Contributions do not contain any material that solicits personal information
from anyone under the age of 18 or exploits people under the age of 18 in a
sexual or violent matter.
12.
Your
Contributions do not violate any applicable law concerning child pornography,
or otherwise intended to protect the health or well-being of minors.
13.
Your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
14.
Your
Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the
foregoing violates these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Application.
6. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the
Application or making Contributions accessible to the Application by linking
your account from Application to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully paid, worldwide right, and license to host,
use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle,
archive, store, cache, publicly display, reformat, translate, transmit, excerpt
(in whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial advertising, or
otherwise, and to prepare derivative works of, or incorporate in other works,
such as Contributions, and grant and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and through any media
channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have otherwise been asserted in your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area in the Application. You are solely
responsible for your Contributions to the Application and you expressly agree
to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations in
the Application; and (3) to pre-screen or delete any Contributions at any time
and for any reason, without notice. We have no obligation to monitor your
Contributions.
7. LIABILITY
7.1 Licensor takes no accountability or responsibility
for any damages caused due to a breach of duties according to Section 2 of this
Agreement. To avoid data loss, you are required to make use of backup functions
of the Application to the extent allowed by applicable third-party terms and conditions
of use. You are aware that in case of alterations or manipulations of the
Application, you will not have access to licensed Application.
8. WARRANTY
8.1 Licensor warrants that Application is free of
spyware, Trojan horses, viruses, o any other malware at the time of Your
download. Licensor warrants that the Application works as described in the user
documentation.
8.2 No warranty is provided for the Application that
is not executable on the device, that has been unauthorised modified, handled in
appropriately or culpably, combined or installed with inappropriate hardware or
software, used with inappropriate accessories, regardless if by Yourself or by
third parties, or if there are any other reasons outside of Visalynk
Immigration Consultancy’s sphere of influence that affect the executability of the Application.
8.3 You are required to inspect the application
immediately after installing it and notify Visalynk Immigration Consultancy
about issues discovered without delay by email provided on the About Us page of
Application.
8.4 If we confirm that the Application is defective,
Visalynk Immigration Consultancy reserves a choice to remedy the situation by
means of solving the defect.
8.5 In the event of any failure of the Application to
conform to any applicable warranty, you may notify the Play Store Operator, and
Your Application purchase price will be refunded to You. To maximum extent
permitted by applicable law, the Play Store Operator will have no other
warranty obligation whatsoever with respect to the App, and any other losses,
claims, damages, liabilities, expenses and costs attributable to any negligence
to adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
9. PRODUCT CLAIMS
Visalynk Immigration Consultancy and the End-User
acknowledge that Visalynk Immigration Consultancy is responsible for addressing
any claims of the End-User or any third party relating to the licensed
Application or the End-User’s possession and/or use of that licensed
Application, including, but not limited to:
i.
Product
liability claims;
ii.
any
claim that the licensed Application fails to conform to any applicable legal or
regulatory requirement; and
iii.
claims
arising under consumer protection, privacy, or similar legislations.
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in
a country that is subject to Indian Government embargo, or that has been
designated by the Indian Government as a “terrorist supporting” country; and
that You are not listed on any Indian Government list of prohibited or
restricted parties.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims
concerning the licensed Application, please contact:
Visalynk Immigration Consultancy
B 101, Knox Plaza, Mindspace,
Behind Inorbit Mall, Malad West,
Mumbai, Maharashtra 400064.
India
support@visalynk.com
12. TERMINATION
The license is valid until terminated by Visalynk
Immigration Consultancy or by You. Your rights under this license will
terminate automatically and without notice from Visalynk Immigration
Consultancy. If You fail to adhere to any term(s) of this license. Upon License
termination, You shall stop all use of the
Application, and destroy all copies, full or partial, of the Application.
13. THIRD PARTY TERMS OF AGREEMENTS
Visalynk Immigration Consultancy represents and
warrants that Visalynk Immigration Consultancy will comply with applicable
third-party terms of agreement when using licensed Application.
14.INTELLECTUAL
PROPERTY RIGHTS
Visalynk Immigration Consultancy represents and the
End-User acknowledge that, in the event of any third-party claim that the
licensed Application or the End-User’s possession and use of that licensed
Application infringes on the third party’s intellectual property rights,
Visalynk Immigration Consultancy will be solely responsible for the
investigation, defence, settlement and discharge or any such intellectual
property infringement claims.
15.APPLICABLE
LAW
This license agreement is governed by the
laws of India excluding its conflicts of law rules.
16.MISCELLANEOUS
16.1 If any of the terms of this agreement should be or
become invalid, the validity of the remaining provisions shall not be affected.
Invalid terms will be replaced by valid ones formulated in a way that will
achieve the primary purpose.
16.2 Collateral agreements, changes and amendments are
only valid if laid down in writing. The preceding clause can only be waived in
writing.