Terms of use

Introduction

The following terms govern the access, viewing or use by you (hereinafter referred to as the “User” or “You“) of www.officecurry.com (“Website”) and the Office Curry Mobile Application (“Mobile Application”). The Mobile Application and the Website are owned and operated by Social Curry Information Services Private Limited (“Company“), a private limited company incorporated under the laws of India and having its office at C320 Nirvana Courtyard, Nirvana Country, Sector 50, Gurgaon. The Mobile Application and the Website provide a platform to facilitate intra-office/organisation communications. The membership to the Mobile Application/ Website is open to employees of an entity that has entered into an agreement with the Company for use of the Mobile Application/Website. If You are using the Website/ Mobile Application in your capacity as an employee of any entity, you are nevertheless individually bound by these Terms of Use even if Your employer has a separate agreement with the Company.

The User hereby acknowledges and understands that the Website and the Mobile Application have not been designed to receive or handle information that falls under the definition of ‘sensitive personal data’ as defined under the Information Technology (Reasonable Security Practices and Procedures Sensitive Personal Data and Information) Rules, 2011 and the User agrees not to share any such personal information on the Website or the Mobile Application. The User agrees not to hold the Company liable for any adverse event that results in a leak of such personal data.

By accepting the terms herein, or by accessing, viewing or using the Website and/or the Mobile Application, You agree to be bound by the Terms of Use and these constitute your binding legal obligations towards the Company. The Terms of Use may be modified at any time by the Company by posting the changes on the Mobile Application and/or the Website and You agree that it shall be your responsibility to ascertain the changes to the Terms of Use by visiting the Terms of Use. Any modified terms shall be applicable to your use of the Mobile Application/ Website without need for any further consent. If You do not agree to the Terms of Use, You should not access, view or use the Mobile Application/ Website.

  1. DEFINITIONS

 

  1. Company shall mean Social Curry Information Services Private Limited, a company incorporated under the laws of India.
  2. Employee shall mean an employee of an entity that has entered into a contract with the Company for the usage of the Mobile Application/Website.
  3. Mobile Application shall mean the Office Curry mobile application developed by the Company.
  4. Person shall mean any individual, partnership, firm, trust, association, company, corporation, joint venture, unincorporated organization, institution, agency or other business/ commercial entity, whether or not having a separate legal personality.
  5. Privacy policy shall mean the privacy policy available on the Website or on Mobile Application.
  6. User or You or Your, shall include the Person who is registered as a User in accordance with these Terms of Use and his/her representatives who use the Mobile Application and/orWebsite.
  7. User Information shall mean any information provided by the User which may include company name, corporate information, description of services provided or services desired, telephone number, email address etc.
  8. Website shall mean www.officecurry.com.
  9. Terms of Use shall mean the terms of use contained herein, as amended from time to time.

 

  1. WEBSITE ACCESS AND USER REGISTRATION

 

  1. General:

 

  1. You agree and understand that the Mobile Application/ Website and the contents are intended for people who are of the age of 18 years or above. You hereby represent that You are 18 years of age or above and competent to contract under the laws of India or any other jurisdiction as may be applicable to You.
  2. You understand that for the purpose of effectively using the Mobile Application/ Website, You will be required to provide accurate information including User Information.
  3. You represent that You have all rights required to provide the information that You have provided to the Mobile Application/ Website, including the User Information. You agree not to share any sensitive personal data or information as defined under Rule 3 of Information Technology (Reasonable Security Practices and Procedures Sensitive Personal Data and Information) Rules, 2011. If You register as a business entity, You represent that You are duly authorized by such business entity to register and accept the Terms of Use and bind such business entity to these Terms of Use.
  4. All User Information will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that You have read and understood the Privacy Policy.
  5. You are responsible for all charges that may be levied by any service providers such as telecom companies, internet service providers etc., in connection with the usage of the Mobile Application/ Website.
  6. For as long as you use our Mobile Application/ Website, you consent to downloading and installing any updates that may be recommended by us in connection to use of the Mobile Application/Website.

 

  1. Registration:

 

  1. If You are registering as an Employee, You will be required to submit the required a phone number to get access to the Mobile Application/ Website. You will be sent a One Time Password at the phone number provided in the registration form.
  2. Upon completion and submission of the registration, You will need to create a profile which includes providing User Information
  3. The level of access provided to You shall be determined by an admin of your employer.

 

 

  1. You will be solely responsible for maintaining the confidentiality of the password and agree that the password is intended for use solely by You. You agree and undertake to access the Mobile Application/ Website only using the username and password sent to You. The Company may in its sole discretion permit or deny Your registration as an Employee.

 

  1. You will be solely responsible for Your acts on the Mobile Application/ Website including those conducted under the username assigned to You.

 

  1. You understand and agree that the Company may, upon receipt of request from Your employer terminate Your access to the Mobile Application/ Website without notice and You waive any right to claim access to the Mobile Application/ Website or any other claim that You may have. Any data of Your usage may be retained or deleted at the sole discretion of Your employer.

 

  1. You agree that the User Information uploaded can be used and viewed by the Company, admin of Your employer and other Employees who access the Mobile Application/ Website. You agree not to publish any sensitive personal data or information belonging to you or access, handle, store or transmit any sensitive personal data or information belonging to any other Employee.

 

  1. g. You understand that You will have access to sensitive personal information and confidential information such as names and contact information of other Employees, documents belonging to your employer such as policies, procedures, remuneration details, company-employee communication etc., and you agree that you shall not handle, share, transmit or store such information unless you have been expressly authorised by Your employer in this regard. You shall be liable for all damages, claims, costs, expenses incurred by the Company or Your employer because of any unauthorised access or disclosure of information by You or through the username assigned to You.

 

  1. h. You understand that all data contributed by You on the Mobile Application/ Website is owned by Your employer and Your employer may choose to use such data in any manner it deems fit.

 

  1. You understand and agree that any data contributed by You on the Mobile Application/ Website may be used by the Company to develop analytics, to conduct studies/research or any other derivatives and You shall have no claim over such resultant analytics, studies, research or derivatives. .

 

  1. PERMITTED USER:

 

  1. You agree that You will use the Mobile Application/ Website only for the purposes of communicating with other Employees in the manner authorised by Your employer.
  2. You will use the Mobile Application/ Website and any information available in accordance with all applicable laws and regulations.
  3. These Terms of Use are in addition to all the other agreements hereinabove referred to, as relevant.

 

  1. PROHIBITED USE

 

In relation to the use and access of the Mobile Application/ Website its content and features, You agree and undertake not to:

  1. upload, transmit or publish any information on behalf of a third party, including any User Information of any person other than You, and more specifically, You will not impersonate another person;
  2. upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography;
  3. upload any information that falls under the definition of sensitive personal data or information under Rule 3 of Information Technology (Reasonable Security Practices and Procedures Sensitive Personal Data and Information) Rules, 2011.
  4. violate the privacy of any Person;
  5. upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Mobile Application/ Website, the Company’s computer systems, or the computer systems of other Users or third party systems;
  6. upload transmit or publish anything which You do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party;
  7. use the Mobile Application/ Website in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;
  8. access the Mobile Application/ Website in any unauthorized manner, including by hacking or using log in credentials of any other User;
  9. use the Mobile Application/Website for any purpose which is not authorised by Your employer;
  10. undertake any activity constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  11. use the Mobile Application/ Website for any unauthorized marketing purposes or for sending any unsolicited materials.

 

  1. INTELLECTUAL PROPERTY

 

  1. The contents of the Mobile Application/ Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of the Company. All intellectual property in and relating to the Mobile App/ Website and its contents and functionalities shall vest solely with the Company.
  2. Without prejudice to Clause 5 (1) above, all content contributed by the Employees shall belong to the respective employer and such employer shall have the sole discretion to use such content in any manner it deems fit.
  3. Without prejudice to Clause 5 (2) above, the Employee understands that its employer has granted to the Company an irrevocable, royalty free, worldwide and perpetual right for such future medium or mode of exploitation of the content contributed by the Employees on the Mobile Application/ Website.

 

  1. Save for the limited right to access and use the Mobile Application/ Website in accordance with the Terms of Use and other applicable agreements, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Mobile Application/ Website or any of the contents and functionalities.
  2. To the extent required, You grant to the Company a non-exclusive, royalty free, worldwide, transferrable, sub licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of Your intellectual Property which You have provided on the Mobile Application/Website.
  3. You have no right to make any copies of the whole or part of this Mobile Application/ Website or any of the contents therein.
  4. You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Mobile Application/ Website save for any User Information that belongs to You.
  5. You have no right to use any search mechanisms other than that provided on the Mobile Application/ Website and You will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Mobile Application/ Website.

 

  1. DISCLAIMERS

 

  1. You agree and understand that the contents and services on the Mobile Application/ Website are available on an “as is” basis. Further, You understand that the availability of content, transmission of content on the Mobile Application/Website shall be subject to delays in connectivity across the internet, your systems, and other facilities outside the control of the Company.

 

  1. The Company does not represent in any manner that:

 

  1. the information, data or contents of the Mobile Application/Website are accurate;
  2. the Mobile Application/Website will be available at all times and will operate error free or that there will be uninterrupted access and service;
  3. the integrity of the information on the Mobile Application/Website or information You upload will be maintained;
  4. it endorses any of the views of any of the Users who may have posted contents;
  5. it has verified or guarantees the quality of services or representations made by any User of the Website;
  6. it has verified the credit worthiness of any User;
  7. it has screened or verified any of the information posted herein;
  8. the effectiveness, speed or promptness of transmission of information through the Mobile Application/Website;
  9. the Mobile Application/Website or any content is free from viruses or other malware.

 

  1. The Website is only a platform for the interaction between Employees of an entity and the Company shall in no event be responsible for the type of content shared on the Mobile Application/Website.

 

Any disputes between any Users are to be resolved between such Users and the Company is not responsible and shall not be required to mediate or resolve any disputes or disagreement between such Users.

 

You expressly release the Company and where applicable its director, officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website.

 

  1. Subject to applicable laws, the Company hereby disclaims all warranties, whether express or implied, in relation to the Mobile Application/Website, its contents and functionalities, including but not limited to warranties of merchantability or fitness for a particular purpose. Where applicable laws do not permit the disclaimer of warranties to the extent detailed above, the said warranties are disclaimed to the maximum limit permitted by applicable law.

 

  1. The Company reserves the right to remove any contents on the Mobile Application/Website. You hereby expressly permit the Company to disclose any information contributed by You on the Mobile Application/Website to any law enforcement officials or to a court of law.

 

  1. The Mobile Application/Website may contain links to third party websites. The Company is not responsible in any manner for the contents of these third party websites and if You should choose to use the link to view the third party websites, You choose to do so at Your own risk. The Company does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third party websites.

 

  1. INDEMNITY

You agree to indemnify and hold harmless, the Company, its officers, employees and agents, against any claims, losses, damages or costs arising from (i) Your use of the Mobile Application/Website and its contents, (ii) Your breach of these Terms of Use or (iii) any acts or omission of Your’s in relation to the Mobile Application/Website and its use thereof, including but not limited to postings and any dealings that You have with any other Users of the Website.

  1. LIMITATION OF LIABILITY

The aggregate liability of the Companyto You or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, Your access and use of this Website and its contents and functionalities or for any reason related to the operation of the Mobile Application Website, shall not exceed INR 1,000 (Indian Rupees One Thousand Only). In no event shall the Company  be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

  1. COMPLAINTS

Should You have any complaints regarding the Mobile Application/Website, including but not limited to abuse and misuse of the Website, copyright infringement and the like, or any issues related to data privacy please report the same to atyourservice@socialcurry.com or call our call center at +91 124 422 3844. Please provide Your name, email address, physical address and contact numbers so that the Company may be in a position to verify details or check the authenticity of the complaints.

 

  1. GENERAL

 

  1. Termination: The Company reserves the rights to terminate Your access to the Mobile Application/Website at any time, in its sole discretion. You acknowledge the Company’s right to do so and waive any claim that You may have arising from such termination. Notwithstanding the termination of access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.
  2. Force Majeure: in no event shall the Company be liable for any acts beyond its control or for any acts of god.
  3. Access: the Company does not make any claim that the Mobile Application/ Website and its contents may be lawfully viewed or accessed in the jurisdiction You are viewing it in. You are solely responsible for complying with laws applicable to You.
  4. Waiver: No waiver of any provision of these Terms of Use shall be binding unless executed and notified by the Company in writing to You. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims You have against the Company arising from the Your use of the Mobile Application/ Website or any other Users conduct.
  5. Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.
  6. Governing Law: These Terms of Use are governed by the laws of India and the courts of Gurgaon shall have sole and exclusive jurisdiction over all disputes and matters arising out of or in relation to these Terms of Use.