This document is framed in accordance with the Information Technology Act, 2000, the rules framed thereunder and such other applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is an electronic record which is generated by a computer system and does not require any physical or digital signatures.
This User Agreement (the “Agreement”) is entered into between all individuals or entities (hereinafter “you”, “your”, “User”) who register, log in, use or browse the website having domain name malayalamkeyboard.com (“Website”), mobile application “Malayalam Keyboard (Bharat)” including and referring to Android package name “malayalam.keyboard.malayalam.stickers.app” (hereinafter referred to as “Platform”) and any other products, programs and services (hereinafter collectively referred to as “Services”) of Bharat Keyboards, its subsidiaries and affiliates (hereinafter “Company”, “we”).
By accepting this Agreement, you agree to accept all constraints, including accepting that the Company reserves the right to modify the terms of this Agreement at any time. You can log in on our Website or App at any time to check the latest User Agreement. If you are not agreeable to, or cannot accept any content that we change, you should stop using the Platform and Services. If we make material changes to this Agreement, we will notify you by email (if you have provided your email address), post the changes on our App/website. We will not reduce your rights under this Agreement without your explicit consent. We encourage you to periodically review this page for any change. By your continued use of our Platform and Services, you agree to accept and will be bound by the modified terms of this Agreement.
By your access and usage of the App and the Services, you represent and warrant that (i) you are eligible to form legally binding contracts under the applicable laws, (ii) your access and usage of the Platform and Services is not in violation of any applicable law, and (iii) you are not subject to any contractual arrangement, judgment or order by a judicial or quasi-judicial authority that is inconsistent with the terms and conditions of this User Agreement.
We reserve the right to revoke your access to the App and the Services, and refuse to provide you with access to the same if any fact contrary to the above comes to our notice or is brought to our attention.
By using the App or any Service, you warrant that you are above the age of eighteen (18). If you are under the age of eighteen (18), and you wish to use download, install, access or use the App or any Service, we believe that you have received consent from your parent or guardian before doing so or are doing so under their guidance and supervision.
User security is of prime importance to us – which is why we urge in addition, that parents or guardians of any minors be aware that the App and the Services are designed to appeal to a broader audience. If you are a parent of a User who is a minor, we urge you that it is your responsibility to determine whether any portion of the Service is inappropriate for your child. If the law in your country requires that you must be older or younger in order for the Company to lawfully provide the Services to you without parental consent (including using of your personal data) then your minimum age is to be determined accordingly.
ACCESS, USER REGISTRATION, AND ACCOUNT
While you may visit the Platform and utilise certain functionalities and Services without registration, certain Platform functionalities and the Services may be made available only upon the creation of a password-protected account on the Platform. Accordingly, you shall be required to create an account on the Platform to gain access to such functionalities and for obtaining the Services. You can delete or suspend your account under the instructions of the Platform, and we will keep or delete your Account based on this Agreement.
You may create an account by providing the stated personally identifiable information; upon the provision of such information, and at the sole discretion of the Company, you will be provided access to a user-unique password-protected account (“Account”). One User can have only one Account with a unique phone number or other information as applicable. If the Company has any suspicion or knowledge that any User has created multiple Accounts with (including through provision of false or providing misleading data for creating those Accounts or using disposable email addresses or disposable phone numbers), then we may suspend or terminate such Account at our sole and absolute discretion, while reserving our rights to initiate civil and/or criminal proceedings against such User.
For the sake of authenticity, you take full responsibility for the authenticity, legality, accuracy and validity of the information you provide to use for and during registration. You will be responsible for updating any changes in your registration information to keep it up to date. You should not post any information in the name of others; you should not use a registered Account maliciously; otherwise, we reserve the right to suspend the Services and you shall fully bear all legal liability. We do not accept any responsibility or liability for any claims or loss arising from your actions.
You shall use the Platform and our Services in accordance with all applicable laws and take all responsibility for activities under your registered Account, including your statements and any loss or damage that may directly or indirectly arise from your statements. You agree that any access of the Platform, usage of the Services or any functionality associated with the Platform in addition to any data shared on the Platform which is traceable and referable to your Account will be deemed to be have validly originated from you. You agree to be bound by any access of the Platform and utilisation of the Services without limitation irrespective of whether such access or utilisation was authorised or done with your knowledge. You should estimate the risks of the content on your own and take all risks from it, including the risk that lies on the correctness, integrity or practicability of the content. We will not take any responsibility for any loss or damage that is resultant from such behaviour or activity.
You must immediately notify us if you find or happen to be aware of any illegal or unauthorized activities in relation to your Account. We will not be liable for damages or losses arising from a User’s non-compliance with any of the provision(s) above;
You also understand and hereby acknowledge the following:
The Company may change, suspend, restrict, terminate or revoke the rights to access our Platform and Services at any time without notice or liability for damages, expenses, losses or claims in such regard.
You consent to receive text messages, electronic mails, and calls from the Company or its affiliates to the e-mail ID or phone number registered to your Account or any other number that we may reasonably ascertain to be yours via skip trace, caller ID capture and other such means. We may include advertisements and promotional activities etc. in our Services. You agree to the display of advertisements and other events from us or our related parties while enjoying our Services.
You understand that all Content on the Platform is owned by the Company or other concerned third parties and licensors. Without limiting the generality of the foregoing, Content will be deemed to include:
- trademarks, service marks, product marks, symbols, logos, , page headers, button icons, scripts, representative material, domain names, and all translations, variations, derivative material and combinations of any of the same;
- all data, and works on the Platform and associated copyrights including authors’ rights, moral rights;
- Platform software and related documentation, algorithms, data, machine code, source code, and programs; and
- All manner of proprietary rights relating to any data or information on the Platform irrespective of whether such proprietary right is protected or whether it is capable of registration.
You agree not to directly or indirectly undertake any of the following in relation to the Platform or the Content:
- copy, modify, publish, transmit, distribute, perform, display, or sell any Content, except for that information which is in the public domain or for which you have been given permission;
- scrape or attempt to scrape or extract any data, including information provided by third parties or other Users of the Platform;
- use the Platform for any monitoring, benchmarking or throttling or any other purposes that may impair the performance or functionality of the Platform;
- access or attempt to access the Platform by any means other than through the interface provided by us;
- use any data associated with the Platform for any commercial purpose; and
- decompile, reverse-compile, disassemble or attempt to access, construct, inspect or discover any constituent element of the Platform and the Content.
For the limited purpose of access and usage of the Platform, you are granted with a personal, non-exclusive, revocable, and non-transferable license. You understand that mere access to or usage of the Platform does not confer upon you any proprietary rights to the Content.
All Content not owned by Company or its affiliates or subsidiaries that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. You shall be responsible to such third-party for any manner of interaction with such Content, and will indemnify and hold harmless the Company and its officers in such regard.
You may choose the extent to which you share some of your personal information. If you choose not to provide some personal information, you may not be able to avail the benefit of full functionality of the Platform and/or range of the Services.
The Platform, Services, and all Company products in whole or in part, shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of the Company. You will not:
- Use the Platform for any purposes other than to access the Services and information offered by the Company;
- Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials contained in the Platforml;
- Use the Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform. features that prevent or restrict use or copying of any content accessible through the Platform. or features that enforce limitations on the use of the Platform;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof;
- Modify, adapt, translate or create derivative works based upon the Platform or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable laws; or
- Interfere with or damage operation of the Platform or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
USER CONTENT AND ACCOUNT DATA
You agree not to submit, transmit, or otherwise make available in any manner, any content:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any proprietary right in any Content or infringes the intellectual property rights of any party;
- violates any applicable laws for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, 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 any other nation;
- which contains a chain letter or constitutes any form of mass mailing.
You understand and acknowledge that although the Company does not regularly review User submitted or generated content, it reserves the right to edit such content in any way and to refuse to accept content that violates this Agreement or which it finds objectionable in its sole and absolute discretion. We have the right to suspend, at our sole discretion or determination, any content that violates the laws and regulations in any jurisdiction or the terms of this Agreement; that infringes, prejudices, threatens any right or safety; or that impersonates others. We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification of violators and saving relative information and reporting to relevant authorities based on the applicable laws and regulations;
You represent and warrant that you possess all necessary rights to use the content that you submit to the Platform and that use of such content does not violate this Agreement. You will bear sole responsibility and liability in relation to any content, data or information including but not limited to photos, messages, text, music, sounds, video and any questions, comments, suggestions, feedback or other such information that you submit, post, distribute, disseminate, upload, link to or make available on the Platform in any manner without limitation and any communication that you make through the Platform (“Account Data”).
To the extent authorized by law you agree to defend, indemnify, and hold the Company, its employees, officers, directors, affiliates, and agents harmless from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorney’s fees, arising out of or relating to your Account Data or your use of any of the Services or any content that you submit to the Platform without any limits or exceptions.
You further agree to grant the Company a perpetual, irrevocable, royalty-free, transferable and fully paid worldwide license in respect of the Account Data for the purpose of reproducing, distributing and utilising in any manner the Account Data for any commercial or non-commercial purposes without limitation.
THIRD PARTY DISCLAIMERS
The Platform includes links or references to other third-party applications or websites (“Reference Apps”). You understand and agree that over the course of access and usage of the Platform, you shall be exposed to such Reference Apps as well as information, materials, software, or services contained on or accessible through Reference Apps (“Reference Apps Content”).
The Company does not endorse any such Reference Apps or the Reference Apps Content. ACCESS AND USE OF REFERENCE APPS, INCLUDING THE REFERENCE APPS CONTENT IS SOLELY AT YOUR OWN RISK.
We do not guarantee or make any representations regarding any Reference Apps or Reference Apps Content. You understand that the Company does not investigate or monitor the Reference Apps or Reference Apps Content, and that a link to a Reference App is not to constitute an endorsement of such Reference Apps or Reference Apps Content by the Company, with the Company not understood to have made any form of representation or warranty, whether express of implied, in relation to the quality, genuineness and any other attribute of the Reference Apps or Reference Apps Content.
We shall not be responsible for any dispute between you and any other third-party arising out of the use of the Platform or the Services. We shall not be held liable for any negligent conduct or behaviour of any third party in relation to your usage of the Platform or the Services.
THIRD PARTY SOFTWARE USAGE AND LICENSES
All the third party software used and their licensing terms are listed here
PLATFORM POLICIES, MODIFICATION
We reserve the right to make changes to our Platform’s policies, and this Agreement at any time and in our sole discretion.
You are responsible for periodically checking for changes and/or updates to this Agreement. Without derogating from the foregoing, we will endeavor to notify you of any changes by posting notice of such changes. Your continued use of the Platform after we make any such changes constitutes your binding acceptance of those changes.
We may modify the Website and/or the App from time to time, change the information collected from time to time, and you may update it using the relevant store, accepting all such terms as updated.
We may also automatically check the version of the App installed on your device from time to time and if applicable, provide updates, which may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the App (“Updates”).
By installing the App, you authorize the automatic download and installation of such Updates and agree to download and install Updates manually if necessary. Your use of the App and Updates will be governed by this Agreement (as amended from time to time). The Company is not obligated to support, maintain, update or upgrade the App and may at any time and without notice suspend or terminate your license and disable or discontinue the App installed on your device.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, SERVICES OR WITH RESPECT TO ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE SERVICES IS OTHERWISE AT YOUR SOLE RISK. THE COMPANY DOES NOT GUARANTEE THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE APP OR ANY CONTENT, SEARCH OR LINK ON IT. THE PLATFORM AND THE SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL OUR COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, the Company will not bear any legal liability under circumstances stated below:
- Any circumstances caused by suspension, breakdown and so on that result from the hacking, virus invasion, blockings due to illegal and harassing content, government control or any other reasons related to network, technique, communication line and information security management;
- Losses to the Users because of any third party act or omission or a force majeure event, such as the communication line breakdown, technical problems, the network and computer breakdown, and other cases of force majeure; and
- Any threat, defamation, offensive or illegal information that is caused by anonymous User interaction or percolation through the Services or the Platform.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.
APPLICABLE LAW AND JURISDICTION
By using the Platform and any Services, you agree that the Indian laws, without regard to principles of conflict of laws, will govern this User Agreement.
Any dispute arising from this Agreement or the use or misuse of the Platform and/or Services, shall be subject to the exclusive jurisdiction of the competent courts in the district of Delhi, India.
All disputes arising out of or in relation to this Agreement shall be settled amicably within a period of 30 (thirty) days from the date of the first initiation of the dispute. In the event no amicable settlement is arrived at within such period, the dispute shall be resolved by means of arbitration pursuant to the Indian Arbitration and Conciliation Act, 1996.
The arbitration shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed arbitrator. If a mutual arbitrator cannot be appointed, each party shall appoint 1 (One) arbitrator, and such appointed arbitrators shall appoint a presiding arbitrator. The arbitration proceedings shall be conducted in English language only and the venue for arbitration shall be at Delhi. The award of the arbitrator/arbitrator tribunal shall be final and binding.
You agree to indemnify the Company, its directors, officers, shareholders, and affiliates to the fullest extent permitted by applicable laws, from and against any and all losses, claims, proceedings, damages, proceedings, penalties, damages, judgments, actions, costs and expenses arising out of or in relation to your (i) usage of the Platform and/or the Services, (ii) breach of this Agreement, (iii) violation of any applicable law or the rights of a third party, or (iv) any fraudulent act on your part.
TERM AND TERMINATION
This Agreement becomes valid and stays valid during your access and usage of our Services or Platform, until the termination according to this Agreement.
In spite of the preceding provisions, this Agreement becomes effective the first time you use our Platform and/or Services, if that happens before you accept this Agreement.
We may reserve your right to access our Services or Platform, and your Account; we may terminate this Agreement at any time for any reason without notice, and rescind your access to your Account and the Platform and Services.
App Permissions: By allowing several device permissions to the App or Website you are agreeing that the App/Website may use it even if it is in background.
Network charges: By allowing network access you are agreeing that the Website or App may use network in background or foreground to pre-fetch content which may cause network charges.
Electronic communications: When you use the Platform or send e-mails to us, you are communicating with us electronically. We therefore, take this as your consent to receive communications from us electronically. By doing so, you agree that all agreements, notices, policy updates, disclosures and other communications that we provide to you electronically satisfy any and all legal requirements that such communications be in writing.
Feedback: Your suggestion to the Company (“Feedback”) is regarded as transferring all rights of Feedback; the Company has the right to use the Feedback in any appropriate method. We also consider this feedback unclassified and non-exclusive.
Independence: If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. If some provisions of this Agreement cannot be applied for some reasons, they will be revised to apply legally; and other provisions remain applicable.
Interpretation: The title of each paragraph is written only for the convenience of reading and does not have any legal or contractual obligations.
Assignment: Without written consent from the Company, you cannot transfer the rights and obligations stated in this Agreement. Any behavior or activity violates the provision about such a transfer attempt is invalid.
Waiver: The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Company.