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© 2019 NUTCRACKER THOUGHTWORKS

Terms & Conditions

Last updated April 17, 2019

 

Please read these Terms of Use carefully before using the “Strive Minutes” App

 

By using Strive Minutes (the “Application”, “App”, “Minutes”) on any mobile phone, tablet or another device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. Nutcracker Thoughtworks Pvt. Ltd. (“we”, “us”, “our”) may change these Terms of Use at any time without notice, effective upon its posting to the App. Your continued use of the App shall be considered your acceptance of the revised Terms of Use.

 

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.  

 

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Nutcracker Thoughtworks Private Limited.

Scope of License

The App is licensed, not sold, to you. We grant non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the App on your Device solely for the purpose of performing those functions and tasks available to you as an end user of the App. This license does not allow you to use the App on any Device that you do not own or rightfully control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license or terms of the relevant certified Application Store), modify, decompile, reverse engineer, disassemble, attempt to derive the source code of, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law. Any attempt to do so is a violation of our rights as a Licensor. If you breach this restriction, you may be subject to prosecution and damages.

Prohibited Usage

You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:

  1. is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;

  2. is fraudulent, criminal or unlawful;

  3. is inaccurate or out-of-date;

  4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;

  5. impersonates any other person or body or misrepresents a relationship with any person or body;

  6. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights, and broadcasting rights) or privacy or other rights of us or any third party;

  7. may be contrary to our interests;

  8. is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally;

  9. involves your use, delivery or transmission of any viruses or anything likely intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Fees and payments

This App is a paid application.You will be required to pay upfront for the app, after which all future updates and all features of the app will be available to you.

Use of Service

We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at minutes.support@nutcracker.tech.

We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.

We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.

We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.

We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

Disclaimer

Your use of any aspect of the Application is at your own risk. You must consult with certified healthcare advisers and make your medical decisions based on their advice. We cannot and do not accept any liability in respect of any activities that you may undertake through using the Application.

We make no representations or warranties whatsoever in respect of the application. Information regarding health, medical advice and otherwise may be provided by third parties, including other users of the application. We cannot accept any liability whatsoever in respect of any content which is provided by third parties and/or any other users of the application. Any actions you take based on content, notifications and otherwise provided by the application are taken at your sole risk and we will not accept any liability in respect thereof. You should always check any information provided through the application to ensure its accuracy. To the maximum extent permitted by applicable law, the application is provided on an “as is” and “as available” basis.

This disclaimer constitutes an essential part of this Terms of Use.

Termination

This Terms of Use is effective until terminated by either you or us. You may terminate this Terms of Use at any time, provided that you discontinue any further use of the Application. If you violate this Terms of Use, our permission to you to use the Application automatically terminates.

We, however, may, in our sole discretion, terminate this Terms of Use and your access to any or all of the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Terms of Use, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Terms of Use by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Application, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Terms of Use for any reason whatsoever: Intellectual Property, Disclaimer, Limitations of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement and Severability.

Choice of Law and Dispute Resolution

The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of India, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Application.

You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of India in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.

Entire Agreement

This Terms of Use and Privacy Policy stipulated hereof constitutes the entire Agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Terms of Use may not be modified, in whole or in part, except as described elsewhere in this Terms of Use.

Severability

If any of the provisions of this Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect.

Contact Us

All notices to you relating to this Terms of Use shall be posted here. For any other questions you can contact us at minutes.support@nutcracker.tech.