Terms and Conditions

Introduction

These terms and conditions also referred as Terms of Service or Terms of use or T & C is to be applicable for mobile application on all platforms i.e. Android and iOS. These T&C sets forth clauses that embody the rules, requirements, restrictions and limitations that a user must agree to in order to use this mobile app or services offered by this app.

Status

These T&C collectively forms an important legal agreement between application and its users. Relationship between application and its user is defined. Though the requirement is not mandated by any law but for the purpose of benefits to both app and its users and also to provide a basis for ascertainment of liability and other matters these T&C are provided in this application.

Objectives

Terms and Conditions are provided to maintain rights to exclude users from app in the event that they abuse app, and to maintain legal rights against potential abusers of app, provide for liability of app, to define permitted conduct of application, set up and indemnification process, implement limitation or exclusion of liability etc.

Scope

It covers various aspects like usage and prohibition of use, Intellectual property matters, and ownership over content, terminate access or accounts at discretion, and enforce rules, disclaimers, cookies and guidelines. It’s the set of rules that users must follow to access, use and continue to use app.

1) Definitions and Meanings

The terms appearing in these rules shall be interpreted according to their natural meaning unless a different meaning is provided for the term purpose. Some of the meanings are hereby provided:

  1. “We” / “us”
    • stand for the admin and owner/admin of this application "M/s Free Stalls & Memes Private Limited and any person acting on their behalf like employees, Directors including their assignees, licensee, executors etc, also include any company or other entity to which the app is transferred or assigned.
  2. “You” / “your”
    • shall mean user using this application, mean any person whether being a user, also it include any person who using the application. User to include creators.
  3. “Application” / “App”
    • to mean the application of “Free Stalls & Memes” for the purpose of providing services contained therein the application in the android or iOS.
  4. Service or services
    • shall mean social media and listing services. Allowing users to follow and get followed by users and connect with each other. It also provides various other functionality like posts, reels, memes, like comments etc. along with business listing. This app allows users to create and share their photos, stories, and videos with the friends and followers. Connect with friends, share what users are up to, or see what's new from others all over the world. The afore said service is provided by us with the aid of this application subject to other conditions.

2) Assent

Users hereby provide full consent and acceptance to these terms by mere agreeing to use the application. It is therefore advised to please read the terms and conditions set out below carefully before creating account with the application. By creation of account with the application users shall be deemed to agree to these Terms and Conditions and are estopped from denying the same. No access to the Services will be permitted unless the Conditions are accepted in full. No user is entitled to accept part only of the Conditions. If a user does not agree to the Conditions, such user may not use the Services.

3) Required Information

Users are required at the time, when for the first time they download the application or any time after that are required to fill in asked information, without which services cannot be availed. The information so required is to include name, mobile number, email address. Such information is to be provided in the form requested and also correct information is to be provided.

4) Confidentiality

Information or data entered by users in the application or otherwise known through this application by us shall not be in any case shared with any third party to the prejudice of the users, except when it is required by law or justified by law to do so or where there has been fraud played on by users.

5) Users: Kinds

There are two kinds of user in the application. Firstly those users to use this application as visitor. The second categories of users are the one who register in the app as creators i.e. create reels and post. Both categories of users use the application and these terms of use, privacy policy is applicable to the all of them.

6) Types of Services

This application allows users to follow and get followed by users and connect with each other. It also provides various other functionality like posts, reels, memes, like comments etc. along with business listing. This app allows users to create and share their photos, stories, and videos with the friends and followers. Connect with friends, share what users are up to, or see what's new from others all over the world.

  1. Social media
    1. Users, creators.
    2. Posts, reels, memes
  2. Listing
    1. Local listing
    2. National listing.

7) Process for Users

  1. User to register with the app and create profile entering the required details.
  2. User to register as user or creator.
  3. User to find search, notifications, followers/following in the home page.
  4. User to view local and national listing.
  5. User to provide name of business or services, description, address, images, timings, phone number and other details of the business or services in the app. Other users to view the same on their time line or get details upon search.

In case of local listing post is shown to nearby users only.

  1. User to post details in national listing.
  2. User to provide name of business or services, description, address, images, timings, phone number and other details of the business or services in the app.
  3. Other users to view the same on their time line or get details upon search.

In case of national listing post is shown to all users.

  1. Users can post memes and videos in the app in social media segment.
  2. User to view trending reels, also to have option of sharing the post.
  3. User can search for other profiles and follow them.

Other functionalities:

  1. Coins and redemption for creators.
  2. Notifications.
  3. Search bar.
  4. Story and tag.

8) Ownership of Content

You shall retain all ownership rights over the content posted in the application, and we do not claim any right or title over the content part.

9) License over Content

Ownership over content lies with the user however when user uploads or submits content in the app for the purpose of providing service you grant us license over the content to us. Such license allows us to use the content for the purpose of offering service to you and also to communicate, distribute, modify, publicly display or perform, publish, reproduce, store and use such content worldwide. This license granted by you is for the purpose of operating, promoting, marketing and improving our services.

10) Obligations of Users

The following are the obligations to be observed and instructed to be followed by users.

10) Obligations of Users

The following are the obligations to be observed and instructed to be followed by users.

Obligations for users

  1. That the app shall not be used for any fraudulent, unlawful or criminal activity or prohibited activity.
  2. That they will comply with the terms and conditions.

Obligations for creators

  1. That the app shall not be for any fraudulent, unlawful or criminal activity or prohibited purposes.
  2. In particular the creators undertakes to refrain from creating and sharing any content that
    1. Belongs to another person and to which you do not have any right to;
    2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
    3. Harms any person/property in any way.
    4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
    5. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation.
    6. Infringes any patent, trademark, copyright or other proprietary rights.

11) Rights of App Owner

Rights of the app owner: admin to have the following rights:

  1. App owner/admin maintains ownership of app.
  2. App owner/admin can restrict abusive behavior.
  3. App owner/admin can limit liability to users.
  4. App owner/admin can terminate User’s account.

12) Messages

We may review, scan, and moderate the messages the users exchange with us through the app in particular for fraud prevention, customer support purposes and ensure compliance with applicable law. By using the app and accepting the Terms and conditions user agrees that we, at our sole discretion, may review, analyze and moderate the messages exchanged through the app.

13) Contacting Users

By accepting the terms and conditions contained herein, every user hereby agrees and gives consent to us to communicate via phone calls, sms, email and such other means as we may deem fit. Such communications to users may be recorded through technical support provided by third parties for the purpose of training, quality and for regularly updating the users about the services of application.

14) Disclaimer

We are offering this application on as-Is basis and provide no guarantee or representation or conditions of any kind legal, express or implied arising out of usage of this application.

15) Termination

We reserve the right to terminate any of the users account without any prior notice if the user violates any of clauses of these T&C or create risk or possible exposure to legal proceedings.

16) Information

Users impliedly agree that all the information regarding address, name etc and also the about business shall be correct and accurate.

17) Liability

Due care has been taken to ensure that all the information contained in this application is correct; despite all efforts in case of any error we shall not be liable. We don’t give any warranty regarding virus or any other similar programs that may occur due to usage of this application. Extreme measures has been taken to ensure that all the information regarding users in their profile is correct and accurate to the best of our knowledge and to prevent any fraud, however we shall not be held liable for any such concealment on the part of any user.

18) Technical Error

This being an internet based mobile application may sometime mal function or cause some technical problem, we shall try to remove such defects at our earliest convenience, and shall not be liable to pay damages in case of such defect in running of the application.

19) Relationship

It is hereby unequivocally stated that we are neither agents nor partners with any of the user/creator/business and our liability and responsibility is limited only to provide platform.

20) Warranty

We don’t give any warranty or guarantee as to or quality, or quantity or potency or standards of the business listed.

21) Complaints

Any complaints or grievances shall be communicated through email address provided or phone number given, best endeavor will be made to redress the same as soon as possible.

22) Marks

No person shall use our marks and shall be held liable for passing off/infringements incase similar or identical marks are used resembling our app or of same features or display design etc.

23) Jurisdiction

Any dispute arising as a result of usage of this application shall be subjected to jurisdiction of courts in NTR District in the State of Andhra Pradesh.

24) Governing Law

These T&C are to be governed as per laws that are in force in the state of Andhra Pradesh.

25) Intellectual Property/Copy Rights Violation

If it is informed that the content of the application are causing copyright/Trade mark violation we shall take down/remove any material that turns out to be copyrighted if the violation is brought to our attention. We have a plan and policy in place for taking down violating material when it is brought to our attention. Any person violating or attempting to violate our intellectual property rights shall be liable for action as per the intellectual property laws as are applicable.

26) Waiver

User cannot waive either by any act or abstinence any of these terms and conditions and privacy policy.

27) Changes to Terms

We can change the terms and conditions listed above without any notice to customers and we reserve the right to change them.

28) Contact Us

Any person whether user or otherwise can contact us at the address provided in the app.