HOMAPP Privacy Policy
This privacy policy (“Privacy Policy”) governs how we, HOMAPP Inc. and its affiliates (“HOMAPP”
“we”, “our” or “us”) use, collect and store information pertaining to you (“User”, “you”), such
as in the following use cases:
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When you browse or visit our website, https://www.HOMAPP.app(“Website”);
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When you make use of, or interact with, our Website/application (s) / service(s), and the
services provided thereunder (collectively referred to as the “Services”):
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When you create an account and login
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When you make use of our services as a registered user
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When you share and/or reply in our blog
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When you subscribe to our newsletters
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When we process your job application
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When you contact us (e.g. customer support, help, submit a request)
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When you attend a marketing event and provide Personal Data
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When you exchange business cards with us
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When we use the Personal Data of our service providers
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When we use the Personal Data of our customers
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We greatly respect your privacy, which is why we make every effort to provide a platform
that would live up to the highest of user privacy standards.
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Please browse this Privacy Policy fastidiously, so you can fully understand our
practices in relation to Personal Data.
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“Personal Data” suggests that any data which will be used, alone or at the side of
alternative information, to uniquely identify any living human being.
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Please note that this is often a master privacy policy and a few of its provisions
solely apply to people in sure jurisdictions..
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This Privacy Policy is also updated from time to time and thus we tend to raise you to
visualize back periodically for the newest version of the Privacy Policy, as indicated
below.
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If there'll be any vital changes created to the utilization of your Personal Information
in a manner totally different from that explicit at the time of assortment, we will
notify you by posting a notice on our web site or by alternative suggests that.
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What data we tend to collect, why we tend to collect it, and how it is used
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When you create an account and make use of our services as a registered user, When you
browse or visit our website, When you contact us (e.g. customer support, help, submit a
request)When we process your job application
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However, we tend to defend and store your personal information
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Security. we've enforced applicable technical, organizational and security measures
designed to reduce the risk of accidental destruction or loss, or unauthorized
disclosure or access to such information appropriate to the nature of the information
concerned.
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However, please note that we tend to not guarantee that the data won't be exposed as a
result of unauthorized penetration to our servers.
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As the safety of data depends partially on the security of the pc, device or network you
use to communicate with us and the security you use to protect your user IDs and
passwords, please make sure to take appropriate measures to protect this information.
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Retention of your Personal Data.
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In addition to the retention periods mentioned in Section one on top of, in some
circumstances, we may store your Personal Data for longer periods of time, for example
(i) where we are needed to try in accordance with legal, regulatory, tax or accounting
requirements, or (ii) for us to have an accurate record of your dealings with us in the
event of any complaints or challenges, or (iii) if we reasonably believe there is a
prospect of litigation relating to your Personal Data or dealings.
How we share your personal data
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In addition to the recipients delineate in Section one, we may share your information as
follows:
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To the extent necessary, with regulators, to comply with all applicable laws,
regulations, and rules, and requests of law enforcement, regulatory and other
governmental agencies or if required to do so by a court order;
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If in the future, we sell or transfer some or all of our business or assets to a third
party, we will (to the minimum extent required) disclose information to a potential or
actual third party purchaser of our business or assets.
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In the event that we tend to area unit non-inheritable by or incorporated with a 3rd
party entity, or in the event of bankruptcy or a comparable event, we reserve the right
to transfer or assign Personal Information in reference to the preceding events.
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Where you have provided your consent to us sharing the Personal Data (e.g., where you
provide us with marketing consents or opt-in to optional additional services or
functionality); and
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Where we receive requests for information from law enforcement or regulators, we
carefully validate these requests before any Personal Data is disclosed.
Your rights
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The following rights (which may be subject to certain exemptions or derogations), shall
apply to certain individuals
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You have a right to access information held about you.
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Your right of access is often be exercised freed from charge, however, we reserve the
right to charge an appropriate administrative fee where permitted by applicable law.
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You have the right to request that we amend any Personal Data we hold that it is
inaccurate or misleading.
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You have the right to request the erasure of the Personal Data that relates to you.
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Please note that there are also circumstances within which we have a tendency to retain
your knowledge, for example for the establishment, exercise or defense of legal claims;
The right to data portability.
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This means that you simply could have the correct to receive your Personal knowledge
during a structured, commonly used and machine-readable format and that you have the
right to transmit that data to another controller; You have the right to object to
profiling;
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You have a right to lodge a complaint with your local data protection supervisory
authority (i.e., your place of habitual residence, place of work or place of alleged
infringement) at any time.
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The right to withdraw your consent.
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Please note that there are also circumstances within which we have a tendency to
continue process your knowledge, particularly if the process is needed to satisfy our
legal and regulatory obligations. You also have a right to request details of the basis
on which your Personal Data is transferred outside the European Economic Area, but you
acknowledge that data transfer agreements may need to be partially redacted for reasons
of commercial confidentiality.
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You can exercise your rights by contacting us at info@inkprog.com. Subject to legal and
different permissible concerns, we'll build each affordable effort to honor your request
promptly or inform you if we have a tendency to need additional info so as to fulfill
your request. When process your request, we have a tendency to could raise you for added
info to verify your identity and for security functions, before disclosing the Personal
Data requested to you. We reserve the right to charge a fee wherever permissible by law,
for instance, if your request is manifestly unfounded or excessive. In the event that
your request would adversely have an effect on the rights and freedoms of others (for
example, would impact the duty of confidentiality we owe to others) or if we are de jure
entitled to subsume your request during a totally different method than initially
requested, we will address your request to the maximum extent possible, all in
accordance with applicable law.
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Use of anonymous information
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We could use Anonymous info (as outlined below) or disclose it to 3rd party service
suppliers so as to boost our we have a tendency to website and services and enhance your
expertise with the web site.
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We may additionally disclose Anonymous info (with or without compensation) to 3rd
parties, together with advertisers and partners.
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“Anonymous Information” means that info that doesn't alter the identification of a
private user, like mass info concerning the employment of our web site.
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Use by children
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We don't provide our merchandise or services to be used by youngsters.
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If you are under 18, you may not use the product, or provide any information to the
product without the involvement of a parent or a guardian.
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We don't wittingly collect info from, and/or concerning youngsters.
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How can I delete my account?
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Should you ever decide to delete your account, you may do so by emailing
info@inkprog.com.
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If you terminate your Account, any association between your Account and information we
store will no longer be accessible through your Account.
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However, given the nature of sharing on the Services, any public activity on your
Account prior to deletion will remain stored on our servers and will remain accessible
to the public.
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Links to and interaction with third party product
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The Product could alter you to act with or contain links to your Third-Party Account and
different third party websites, mobile software applications and services that are not
owned or controlled (each a “Third Party Service”).
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We aren't accountable for the privacy practices or the content of such Third Party
Services.
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Please remember that Third Party Services could collect Personal info from you.
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Accordingly, we encourage you to read the terms and conditions and privacy policy of
each Third Party Service that you choose to use or interact with.
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Log files
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We may make use of log files.
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The information within the log files includes net protocol (IP) addresses, type of
browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked
pages and any other information your browser or mobile device may send to us.
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We could use such info to investigate trends, administer the Site, track users’ movement
around the Site, and gather demographic information.
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Cookies and other tracking technologies
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Our web site could utilize “cookies”, anonymous identifiers and other tracking
technologies in order for us to provide our Service and present you with information
that is customized for you.
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A “cookie” could be a tiny document that will be used, for example, to collect
information about activity on the Site.
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Certain cookies and other technologies may serve to recall Personal Information, such as
an IP address, previously indicated by a user.
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Most browsers enable you to regulate cookies, including whether or not to accept them
and how to remove them.
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You may set most browsers to apprize you if you receive a cookie, otherwise, you could
value more highly to block cookies along with your browser.
PLAYSTORE PRIVACY POLICY
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Inkprog Technologies Pvt Ltd built the HOMAPP app as a Free app. This SERVICE is provided by
Inkprog Technologies Pvt Ltd at no cost and is intended for use as is.
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This page is used to inform visitors regarding our policies with the collection, use, and
disclosure of Personal Information if anyone decided to use our Service.
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If you choose to use our Service, then you agree to the collection and use of information in
relation to this policy. The Personal Information that we collect is used for providing and
improving the Service. We will not use or share your information with anyone except as
described in this Privacy Policy.
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The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions,
which is accessible at HOMAPP unless otherwise defined in this Privacy Policy.
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Information Collection and Use
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For a better experience, while using our Service, we may require you to provide us with
certain personally identifiable information, including but not limited to the Internet,
Vibrate. The information that we request will be retained by us and used as described in
this privacy policy.
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The app does use third-party services that may collect information used to identify you.
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Link to the privacy policy of third party service providers used by the app
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Google Play Services
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Firebase Analysis
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Access Internet
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uses-permission android : name = android.permission.INTERNET This Permission can be used
to show the ads on my application.
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Access Vibration Permission:
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uses-permission android:name="android.permission.VIBRATE" This permission can help user
to recognize deletion of task.
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Log Data
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We want to inform you that whenever you use our Service, in a case of an error in the
app we collect data and information (through third party products) on your phone called
Log Data. This Log Data may include information such as your device Internet Protocol
(“IP”) address, device name, operating system version, the configuration of the app when
utilizing our Service, the time and date of your use of the Service, and other
statistics
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Cookies
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Cookies are files with a small amount of data that are commonly used as anonymous unique
identifiers. These are sent to your browser from the websites that you visit and are
stored on your device's internal memory.
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This Service does not use these “cookies” explicitly. However, the app may use third
party code and libraries that use “cookies” to collect information and improve their
services.
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You have the option to either accept or refuse these cookies and know when a cookie is
being sent to your device. If you choose to refuse our cookies, you may not be able to
use some portions of this Service.
Service Providers
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We may employ third-party companies and individuals due to the following reasons
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To facilitate our Service;
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To provide the Service on our behalf;
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To perform Service-related services; or
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To assist us in analyzing how our Service is used.
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We want to inform users of this Service that these third parties have access to your
Personal Information. The reason is to perform the tasks assigned to them on our behalf.
However, they are obligated not to disclose or use the information for any other purpose.
Security
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We value your trust in providing us your Personal Information, thus we are striving to use
commercially acceptable means of protecting it. But remember that no method of transmission
over the internet, or method of electronic storage is 100% secure and reliable, and we
cannot guarantee its absolute security.
Links to Other Sites
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This Service may contain links to other sites. If you click on a third-party link, you will
be directed to that site. Note that these external sites are not operated by us. Therefore,
we strongly advise you to review the Privacy Policy of these websites. We have no control
over and assume no responsibility for the content, privacy policies, or practices of any
third-party sites or services.
Children’s Privacy
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These Services do not address anyone under the age of 13. We do not knowingly collect
personally identifiable information from children under 13. In the case we discover that a
child under 13 has provided us with personal information, we immediately delete this from
our servers.
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If you are a parent or guardian and you are aware that your child has provided us with
personal information, please contact us so that we will be able to do the necessary actions.
Changes to This Privacy Policy
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We may update our Privacy Policy from time to time. Thus, you are advised to review this
page periodically for any changes. We will notify you of any changes by posting the new
Privacy Policy on this page. These changes are effective immediately after they are posted
on this page.
Contact Us
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If you have any questions or suggestions about our Privacy Policy, do not hesitate to
contact us at info@inkprog.com.
Privacy Policy HomApp
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Homapp has established a Privacy Policy that explains to users how their personal
information is collected and used.
- Homapp may disclose users' personal information to third parties. Homapp may provide to a
claim’s processor or an insurer any necessary information (including your contact
information) if there is a complaint, dispute or conflict, which may include an accident,
involving you and a third party and such information or data is necessary to resolve the
complaint, dispute or conflict. Homapp may also provide to a law enforcement agency,
statutory body, governmental agency and/or investigative agency any necessary information
(including your contact information) if required by law or in furtherance of any
investigation involving you and a third party and such information or data is necessary
towards the enquiry/investigation that is being carried out by the said body and/or agency
as the case may be.
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The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use
of this Website is governed by the Privacy Policy.
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The Privacy Policy is located at: Privacy
Policy. The Privacy Policy contains information about how users may seek access to
and correction of their personal information held by Homapp and how they may make a privacy
complaint.
The Services
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Homapp will provide the Services to you under this Agreement. The Services constitute the
provision of a technology platform that enables you, as an independent third party provider
access to and use of Homapp's mobile application (a) arrange and schedule delivery of
services with end-users of those services, who have an agreement with Homapp or its
affiliate (b) determine the amount to be paid by the Users to you for the services provided
by you; (c) determine the maximum and efficient utilisation of your time while using the
Services; (d) take measures to maximise your earning potential through use of the Services;
and (e) facilitate receipt of payments from Users for services offered by you via the Homapp
Platform and generation of receipts for those payments.
No Employment.
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The Services are made available solely for your commercial use, unless Homapp has agreed
with you otherwise in a separate agreement. You acknowledge that there is no contract of
employment between yourself and Homapp and that you will provide your services as an
independent contractor. Further, no agency, partnership or joint venture is created as a
result of these Terms or your provision of services to Users.
- You will not seek and Homapp will not provide any supervision, directions or control over
the individual services that you offer to Users. You will obtain and possess at your own
cost and at all times, while accessing and using the Services, the necessary
approvals/licenses/tax registrations required to offer your services to Users. You have no
authority to bind Homapp in any respect.
- You further acknowledge that Homapp does not provide any of the services that you offer to
Users via the Homapp Platform and that Homapp does not function as a provider of the
particular services that you are offering to Users via the Homapp Platform. Homapp only
seeks to provide the Homapp Platform wherein you and Users can be brought together and has
no role in the execution or provision of the services you provide to Users. You are solely
responsible for the services that you provide to the Users.
- Homapp accepts liability for the Services and Application that it provides to you subject to
these Terms.
Licence
- Subject to your compliance with these Terms, Homapp grants you a limited, non-exclusive,
non-sublicensable, revocable, non-transferrable license to: (i) access and use the
Applications on your personal device solely in connection with your use of the Services; and
(ii) access and use any content, information and related materials that may be made
available through the Services, in each case solely for your commercial use. Any rights not
expressly granted herein are reserved by Homapp and Homapp's licensors.
Restrictions
- You may not: (i) remove any copyright, trade mark or other proprietary notices from any
portion of the Services; (ii) reproduce, modify, prepare derivative works based upon,
distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform,
transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted
by Homapp; (iii) decompile, reverse engineer or disassemble the Services except as may be
permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v)
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or
otherwise data mining any portion of the Services or unduly burdening or hindering the
operation and/or functionality of any aspect of the Services; or (vi) attempt to gain
unauthorised access to or impair any aspect of the Services or its related systems or
networks.
Ownership
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The Services and all rights therein are and shall remain Homapp's property or the property
of Homapp's licensors. Neither these Terms nor your use of the Services convey or grant to
you any rights: (i) in or related to the Services except for the limited licence granted
above; or (ii) to use or reference in any manner Homapp's company names, logos, product and
service names, trademarks or services marks or those of Homapp's licensors
Your Use of the Services
Accounts.
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You must be at least 18 years of age, to obtain an Account, unless a specific Service
permits otherwise. Account registration requires you to submit to Homapp certain personal
information, such as your name, address, mobile phone number and age, as well as valid
government issued identification and trade licences (if applicable), government approvals
allowing you to offer your services, and/or requisite tax registrations. You agree to
maintain accurate, complete, and up-to-date information in your Account at all times and you
acknowledge that failure to do so shall result in your access to the Services being
suspended without notice to you.
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No person other than yourself has the right to access your account. You agree and
acknowledge that you will not allow any other person to access and use your account and that
you will not share your login credentials (i.e. your user name and password) with any other
person. If it is reasonably suspected by Homapp that you have shared your login credentials
or allowed a person other than yourself to access and use your Account, your access to the
Account will be suspended without notice to you. In cases where it is established that you
have allowed a person other than yourself to access and use your Account, these Terms will
stand terminated and your access to the Services will be permanently revoked without notice
to you.
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You may only possess one Account. If it is found that you possess multiple Accounts on the
Homapp Platform, your access to all Accounts on the Homapp Platform will be permanently
revoked without notice.
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You hereby expressly acknowledge and agree that you and not Homapp will be liable for your
losses and damages (whether direct or indirect) caused by an unauthorised use of your
Account. Notwithstanding the foregoing, you may be liable for the losses of Homapp or others
due to such unauthorised use.
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You acknowledge that your continued use of the Services is subject to you maintaining a
minimum ratings threshold. The ratings threshold for your particular category and your
particular city will be communicated to you either through the Homapp Platform or via text
message or by an Homapp employee in your city. If your ratings fall below the minimum
threshold your access to the Homapp platform will be temporarily blocked. In the event your
ratings fall below the prescribed threshold and your access to the Services is temporarily
blocked, you will be required to attend a training session to reactivate your access to the
Services.
Text Messaging
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By creating an Account, you agree that the Services may send you text messages as part of
the normal business operation of your use of the Services. You consent to receiving such
text messages and acknowledge that any steps taken by you to not receive such text messages
will affect your use of the Services.
Lead Fee
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You are required to pay a fee to Homapp in order to be able to accept requests made by Users
for your services. The details required to connect with a User will only be communicated to
you after the Lead Fee is paid to Homapp. The quantum of the Lead Fee will be based on the
aggregate value of the Lead. Lead Fee may be charged as a percentage of the aggregate value
of Lead or as a fixed sum. The quantum of the Lead Fee for the particular services offered
by you to the User will be communicated to you from time to time or before the communication
of a Lead.
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Further, to be able provide a lower Lead Fee to you, and to be able to provide you with
adequate Leads, Homapp will provide you with a calendar on the Homapp Platform. You will be
required to indicate your proposed availability during a given calendar month on the
calendar provided via the Homapp Platform. This will enable Homapp to determine the most
efficient manner in which to send Leads to you.
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If a User cancels a request for your services after acceptance of the said request by you
and payment of the Lead Fee, the Lead Fee will be refunded to you. The Lead Fee may also be
refunded to you in cases where the User is not available at the location at or the time for,
which the service request is placed.
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If you cancel a request placed by a User after accepting such a request, Homapp shall be at
liberty to determine whether or not to refund the Lead Fee to you. You agree that in cases
where Homapp determines that the Lead Fee is not required to be refunded to you due to your
cancellation of an accepted request placed by a User, you will relinquish the right to make
any claims for refund of the Lead Fee.
Account Credits
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You will, at all times, be required to maintain a minimum balance of credits in your Account
to be able to accept service requests placed by Users via the Homapp Platform. You may
further use Homapp Credits to purchase Leads, goods and service offered by Homapp to you
from time to time. You agree and acknowledge that your use of the Services may be affected
if you do not have the requisite Homapp Credits in your Account. Homapp Credits will be
credited to your Account against payment being made by you to obtain the Homapp Credits.
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To ensure maintenance of the deposit (as mentioned in the preceding paragraph) you
acknowledge and authorize Homapp to deduct certain amounts from the payments made by the
Users to you. The deductions in this regard will be subject to a maximum of INR 10,000
(Rupees Ten Thousand).
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To facilitate the payment by the User through the Homapp Platform, you will be charged a
transaction fee by Homapp. All payments made by Users will be made to you net of the said
transaction fee.
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You, additionally, acknowledge and authorize Homapp to deduct relevant amounts towards
payment of equated monthly instalments to be paid to Non-Banking Financial Companies
(/NBFCs/) when loans have been availed by you from such NBFCs for the purposes of offering
services on the Homapp platform. You also acknowledge and authorize Homapp to deduct
payments towards advances made by Homapp to you for the use of the Homapp platform. All
payments made by Users will be made to you net of the said deductions.
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Homapp from time to time in in its own discretion may issue Homapp Credits, free of charge,
to your Account and/or may create promotional codes that may be redeemed for Account credit,
or other features or benefits related to the Services subject to any additional terms that
Homapp establishes. You agree that all Promo Homapp Credits: (i) may not be duplicated, sold
or transferred in any manner, or made available to any person other than yourself; (ii) may
be disabled by Homapp at any time for any reason without liability to Homapp; (iii) are not
valid for cash; and (iv) may expire prior to your use.
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Homapp reserves the right to withhold or deduct Homapp credits or Promo Homapp Credits in
the event that Homapp reasonably determines or believes that the use of the Homapp Credits
or Promo Homapp Credits was in error, fraudulent, illegal, or in violation of the applicable
Promo Code terms or these Terms.
Service Partner Provided Content
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Homapp may, in Homapp's sole discretion, permit you from time to time to submit, upload,
publish or otherwise make available to Homapp through the Services textual, audio, and/or
visual content and information, including commentary and feedback related to the Services,
initiation of support requests, and submission of entries for competitions and promotions.
Any Service Partner Content provided by you remains your property. However, by providing
Service Partner Content to Homapp, you grant Homapp a worldwide, perpetual, irrevocable,
transferable, royalty-free licence, with the right to sublicence, to use, copy, modify,
create derivative works of, distribute, publicly display, publicly perform, and otherwise
exploit in any manner such Service Partner Content in all formats and distribution channels
now known or hereafter devised (including in connection with the Services and Homapp's
business and on third-party sites and services), without further notice to or consent from
you, and without the requirement of payment to you or any other person or entity.
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You represent and warrant that: (i) you either are the sole and exclusive owner of all
Service Partner Content or you have all rights, licences, consents and releases necessary to
grant Homapp the licence to the Service Partner Content as set forth above; and (ii) neither
the Service Partner Content nor your submission, uploading, publishing or otherwise making
available of such Service Partner Content nor Homapp's use of the Service Partner Content as
permitted herein will infringe, misappropriate or violate a third party's intellectual
property or proprietary rights, or rights of publicity or privacy, or result in the
violation of any applicable law or regulation.
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You agree to not provide Service Partner Content that is defamatory, libellous, hateful,
racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by
Homapp in its sole discretion, whether or not such material may be protected by law. Homapp
may, but shall not be obligated to, review, monitor, or remove Service Partner Content, at
Homapp's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
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You are responsible for obtaining the data network access necessary to use the Services.
Your mobile network's data and messaging rates and fees may apply if you access or use the
Services from a wireless-enabled device and you shall be responsible for such rates and
fees. You are responsible for acquiring and updating compatible hardware or devices
necessary to access and use the Services and Applications and any updates thereto. Homapp
does not guarantee that the Services, or any portion thereof, will function on any
particular hardware or devices. In addition, the Services may be subject to malfunctions and
delays inherent in the use of the Internet and electronic communications.
Payment
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After you have delivered your services to the Users through your use of the Service, Homapp
will facilitate the payment of the applicable amount to be paid by the User to you as your
limited payment collection agent. Payment of the amount payable by the User in such manner
shall be considered the same as payment made directly by the User to you. Such payments will
be inclusive of applicable taxes where required by law. Amounts paid by the User to you are
final and non-refundable, unless otherwise determined by Homapp.
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You retain the right to receive a lower amount as final payment towards the delivery of
services by you to a User. Homapp will respond accordingly to any request from you to modify
the amount to be paid by a User for a particular service delivered by you to the said User.
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You agree and acknowledge that the amount to be paid by a User for the services offered by
you may vary based on geographical areas, population density, time periods, demand, weather
and traffic conditions, local or national holidays, particular days of the week and other
factors that might be determined by Homapp from time to time.
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This payment structure and determination of the amounts to be paid by the Users to you is
intended to fully compensate you for the services provided by you to the User. Homapp does
not designate any portion of the payment received by you as a tip or gratuity from the User.
Any representation by Homapp on the Homapp Platform to the effect that tipping is
/voluntary, / /not required, / and/or /included/ in the payments made for services provided
is not intended to suggest that Homapp provides any additional amounts, beyond those
described above. You understand and agree that, while Users are free to provide additional
payment as a gratuity to you, the Users are under no obligation to do so. Gratuities are
voluntary.
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Homapp will, on your behalf, generate an invoice for the services provided by you to the
User. The invoice will be raised in your name and sent to the User via the Homapp Platform
and/or any other mode of communication.
Taxes
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You understand that Homapp is acting solely as an intermediary for the collection of
payments and fees between Users and you. State and local tax laws vary significantly by
locality and you, therefore, understand and agree that you are solely responsible for
determining your own tax reporting requirements in consultation with tax advisors. Homapp
cannot and does not offer tax advice to you. Further, you understand that Homapp shall not
be responsible or liable in any manner in relation to tax liability that you may incur. In
case of unregistered Housekeeping services ('HK services'), Homapp shall pay taxes under
Section 9(5) of Central Goods and Services Tax Act, 2017, on your behalf. Additionally, any
other applicable taxes (whether direct or indirect) that are liable to be deducted on your
behalf will be done so by Homapp and the payment due to you from the Users will be net of
such deductions towards applicable taxes.
No Discrimination.
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Homapp prohibits discrimination against other service providers or users based on race,
religion, caste, national origin, disability, sexual orientation, sex, marital status,
gender identity, age or any other characteristic protected under applicable law. Such
discrimination includes, but is not limited to, any your refusal to provide services based
on any of these characteristics. If it is found that you have violated this prohibition you
will lose access to the Homapp platform. Applicable laws in certain jurisdictions may
require and/or allow the provision of services by and for the benefit of a specific category
of persons. In such jurisdictions, services provided in compliance with these laws and the
relevant applicable terms are permissible.
Suspension and Termination
- Homapp may restrict you from accessing or using the Services, or any part of them,
immediately, without notice, in circumstances where Homapp reasonably suspects that:
- you have, or are likely to, breach these Terms; and/or
- you do not, or are likely not to, qualify, under applicable law or the standards and
policies of Homapp and its affiliates, to access and use the Services.
-
Homapp may terminate these Terms or any Services with respect to you, or generally cease
offering or deny access to the Services or any portion thereof:
- immediately, where Homapp reasonably suspects that
- you have, or are likely to, materially breach these Terms; and/or
- you do not, or are likely not to, qualify, under applicable law or the standards and
policies of Homapp and its affiliates, to access and use the Services; or
- where Homapp, acting reasonably, terminates these Terms or any Services for any
legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, Homapp may immediately restrict or
deactivate your access to the Services if you breach the Privacy Policy and/or Community
Guidelines (where applicable) at any time.
-
You may terminate these Terms at any time, for any reason by informing Homapp either in
writing or by visiting Homapp's local city office of your decision to terminate.
Effect of Termination
- Upon termination of these Terms, your right to participate in the Homapp Platform,
including, but not limited to, your right to offer or purchase services and your right to
receive any fees or compensation, including, without limitation, referral discounts,
incentive bonuses, or other special offer rewards, shall automatically terminate. In the
event of termination, your Account will be disabled and you may not be granted access to
your Account or any files or other data contained in your Account. Notwithstanding the
foregoing, residual data may remain in the Homapp system.
-
Upon termination, the following shall occur: all licences granted to you hereunder will
immediately terminate; and you shall promptly destroy all copies of Homapp data, Marks and
other content in your possession or control. You further acknowledge and agree that Homapp
shall not be liable to you or any third party for any termination of your access to the
Homapp Platform. Upon termination, Homapp retains the right to use any data collected from
your use of the Homapp Platform for internal analysis and archival purposes, and all related
licenses you have granted Homapp hereunder shall remain in effect for the foregoing purpose.
In no event is Homapp obligated to return any Service Partner Content to you.
-
Any term which by its nature is intended to survive expiration or termination of these Terms
shall survive expiration or termination of these Terms.
Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER
-
THE SERVICES ARE PROVIDED /AS IS/ AND /AS AVAILABLE./ TO THE MAXIMUM EXTENT PERMITTED BY
LAW, HOMAPP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT
EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND
MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED
THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
HOMAPP DOES NOT GUARANTEE YOUR SAFETY WHILE DELIVERING SERVICE REQUESTS. YOU AGREE THAT THE
ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN
CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW.
Statutory Guarantees
-
Homapp does not exclude, restrict or modify any liability that cannot be excluded,
restricted or modified, or which cannot be excluded, restricted or modified except to a
limited extent, as between Homapp and you by law. However, where such statutory provisions
apply, to the extent to which Homapp is entitled to do so, Homapp's liability will be
limited at its option to:
- in the case of a supply of goods
- the replacement of the goods or supply of equivalent goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods;
- the payment of the cost of having the goods repaired; or
- the repair of the goods; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
LIMITATION OF LIABILITY
-
HOMAPP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA RELATED TO, IN CONNECTION WITH, OR
OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF HOMAPP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. HOMAPP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES
ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR
USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF
HOMAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOMAPP SHALL NOT BE LIABLE FOR
DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HOMAPP'S REASONABLE CONTROL. IN
NO EVENT SHALL HOMAPP'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RS.10,000.00 (RUPEES TEN THOUSAND).
-
HOMAPP WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK, AND WILL MANAGE THIS FRAMEWORK ON
YOUR BEHALF, IN A REASONABLE WAY AND IN ACCORDANCE WITH APPLICABLE LAW.
Indemnity
-
You agree to indemnify and hold Homapp and its affiliates and their officers, directors,
employees and agents harmless from any and all claims, demands, losses, liabilities, and
expenses (including attorneys' fees) arising out of or in connection with: (i) your use of
the Services or services or goods obtained through your use of the Services; (ii) your
breach or violation of any of these Terms; (iii) Homapp's use of your User Content; or (iv)
your violation of the rights of any third party, including Users
-
Your liability under this clause shall be reduced proportionately if, and to the extent
that, Homapp directly caused or contributed to any such Losses.
Dispute Resolution
-
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or
controversy arising out of or broadly in connection with or relating to the Services or
these Terms, including those relating to its validity, its construction or its
enforceability. Homapp or its affiliate operates a complaints process to allow you to make
complaints about Homapp or Users, and Homapp or its affiliate also manages refunds to you in
relation to those complaints. Homapp or its affiliate will operate this complaints process
in a reasonable manner.
-
To raise a dispute, you may first contact an Homapp employee at your local city office.
Alternatively, you may also raise your Dispute through the helpline (/Partner Helpline/)
provided for the recording and resolution of Disputes.
-
Disputes may also be raised during focus group discussions that are regularly organised in
the cities in which Homapp operates.
-
You may use any of the above mechanisms to raise a Dispute to challenge or appeal against
any decision that has been taken, with regard to your access to or use of the Services, by
Homapp.
-
In the unlikely event that a Dispute raised by you is not resolved and you, these Terms
shall be exclusively governed by and construed in accordance with the laws in force in
India. In the event of an unresolved Dispute, the parties shall first attempt to amicably
settle the dispute through Mediation. If the dispute between the Parties cannot be resolved
through Mediation within a period of 45 days from the reference of the dispute to Mediation,
the Parties may pursue final and binding arbitration or other alternative dispute resolution
as agreed upon by the parties. Arbitration will be in accordance with the Arbitration and
Conciliation Act, 1996 (as amended from time to time) and the arbitral tribunal will consist
of three arbitrators - one each to be nominated by the parties and the third to be appointed
on mutual agreement between the two arbitrators nominated by the parties. The seat and venue
of the Arbitration shall be the city in which the dispute arises.
-
Any proceedings, including documents and briefs submitted by the parties, correspondence
from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain
strictly confidential and shall not be disclosed to any third party without the express
written consent from the other party unless: (i) the disclosure to the third party is
reasonably required in the context of conducting the mediation or arbitration proceedings;
and (ii) the third party agrees unconditionally in writing to be bound by the
confidentiality obligation set out in these Terms.
Other Provisions
Claims of Copyright Infringement.
-
Claims of copyright infringement should be sent to Plot no:177, Dhana Laxmi Nilayam, Pragathi Enclave, Miyapur, Hyderabad. (Landmark:Springboard International School).
Notice
-
Homapp may give notice by means of a general notice on the Services, electronic mail to your
email address in your Account, or by written communication sent to your address as set forth
in your Account. You may give notice to Homapp by written communication to Plot no:177, Dhana Laxmi Nilayam, Pragathi Enclave, Miyapur, Hyderabad. (Landmark:Springboard International School).
Brand Collateral
-
You can purchase Homapp Brand Collateral from Homapp. While it is not mandatory to do so, to
promote trust and safety with Users it is advisable to purchase and use Homapp Brand
Collateral while using the Services and fulfilling service requests placed by Users.
Orientation.
-
Before gaining access to the Services and being allowed to receive Leads you are required to
attend an Orientation program at your local Homapp office. The purpose of the Orientation is
to enable you to understand how the Homapp Platform works and to ways and means to maximise
your earning potential on the Homapp Platform
Use of recommended products.
-
Homapp will recommend certain products that need to be used by you to deliver services to
the Users. This is to ensure your safety as well as that of the Users. Any deviation from
the recommended list of products will entitle Homapp to take appropriate measures against
you, including but not limited to reduction of credits from your Account, increase of Lead
Price and any other measures that Homapp acting reasonably deems fit and in the interest of
maintaining the integrity of its business and the Homapp Platform.
General
-
You may not assign or transfer these Terms in whole or in part without Homapp's prior
written approval (which will not be unreasonably withheld). You give your approval to Homapp
for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary
or affiliate; (ii) an acquirer of Homapp's equity, business or assets; or (iii) a successor
by merger. No joint venture, partnership, employment or agency relationship exists between
you, Homapp or any User as a result of the contract between you and Homapp or use of the
Services.
-
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or
in part, under any law, such provision or part thereof shall to that extent be deemed not to
form part of these Terms but the legality, validity and enforceability of the other
provisions in these Terms shall not be affected. In that event, the parties shall replace
the illegal, invalid or unenforceable provision or part thereof with a provision or part
thereof that is legal, valid and enforceable and that has, to the greatest extent possible,
a similar effect as the illegal, invalid or unenforceable provision or part thereof, given
the contents and purpose of these Terms. These Terms, including any incorporated policies,
constitute the entire written agreement and understanding of the parties with respect to its
subject matter and replaces and supersedes all prior or contemporaneous written agreements
or undertakings regarding such subject matter.
-
In these Terms, the words /including/ and /include/ mean /including, but not limited to.