This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of Website/ Application and other applications developed, managed and operated by Tuckpod Storage Solutions Private Limited ("us", "we", Company or "our") are governed by the terms and conditions ("Terms"). These Terms apply to all visitors, users and others who access or use the Application and Service. By accessing or using the Website, Application and Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Application and Service of Company.
The term “you/ your” or “User” refers to the user of Application and Service offered commercially by Company.
TUCKPOD STORAGE SOLUTIONS PRIVATE LIMITED, a company validly existing for the purposes of the Companies Act, 2013 and having its registered office at 6/3 Nala Cross, KH Road, Sudhamanagar, Bangalore 560027 (hereinafter referred to as ‘Company’, which term shall include its transferees, novatees, assigns and/or successors);
For the purposes of these Terms, You and Company shall individually be known as “Party” and collectively be known as the “Parties”.
1.DEFINITIONS |
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1.1 |
“Applicable Law” shall mean any statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, by-laws, approval from the concerned authority, government resolution, orders, directives, guidelines, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question; |
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1.2 |
“Application” shall mean the software application, dashboards, web and mobile applications, interactive user interface, hardware and related documentation which Company provides to the User, including any updates thereof, whether hosted or made available locally or remotely, to enable Company to provide the Service to the User. |
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1.3 |
“Drop Off” shall mean use of Services by third party service provider’s delivery persons on behalf of the User. |
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1.4 |
“Group Subscription” shall mean subscription of Services by group of people such as residents association for the benefit of the members of the group. |
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1.5 |
“Service” shall mean the service of providing temporary storage solutions by means of electronically or mechanically controlled secure lockers/pods at various locations through the Application, to the User by Company as per these Terms. |
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2.USER ELIGIBILITY |
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2.1 |
The Application and Service are available only to the User who can form legally binding contracts under the Applicable Law. |
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2.2 |
The User must not be a minor as per Applicable Law i.e. User must be at least 18 (eighteen) years of age to be eligible to use the Application and Service. In the event the User is a minor, it is assumed that such User’s use of the Application and Service and these Terms have been agreed to by the legal guardian of the said User and that these Terms are legally binding. |
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2.3 |
The User, while accessing or using the Application and Service, must follow and abide by the Applicable Laws. In the event of the User being found to be not eligible as per the Applicable Laws, Company reserves the right to deny the Application and Service. Notwithstanding the foregoing, Company at all times reserves the right to deny the Application and Service to the User. |
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3.CONSENT TO THE TERMS |
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3.1 |
In order to use the full spectrum of Company Services, You need to register on the Company Application and provide Us with accurate and complete information. You are also required to keep your accounts and contact information complete and updated at all times. Any account found to contain incorrect and/or outdated information will be suspended. We reserve the right to cancel account when it deems it necessary. |
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3.2 |
In case of Drop Off facility availed by the User, the User shall, either register themselves for the Services before allowing the third party service provider delivery persons to use the Pods/ Locker on behalf of the User or register before retrieval of the items from Pod/ Locker. In case the User chooses to register at the time of retrievalof the items, it is assumed that the third party services provider delivery person has used the Services for User based on the specific instructions and authority of the User and accordingly the User shall be bound by the terms mentioned hereunder including the payment of service fee as may be charged by the Company. |
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3.3 |
In case of Drop Off facility, the action of third party service provider delivery persons to use the Services shall be considered as consent of the User and User shall not raise any dispute on any of the terms mentioned hereunder, it is the responsibility of the User to read all the terms of the Services before allowing the third party service provider delivery persons to use the pods/ lockers. |
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3.4 |
By clicking on the tab/button/checkbox of “Accept” or any other tab/button/checkbox of similar nature, subject to providing any information mandatorily required by the Application or Service and by authorizing the third party service provider delivery person to use the Services on your behalf, (i) You confirm your eligibility under Applicable Law to contract with Company, (ii) you accept these Terms and the Privacy Policy as displayed on the Application including any policies of Company updated from time to time, (iii) You consent to receive communications and information from us electronically (whether through SMS, emails, phone calls and automated phone calls), whether sent by e¬mail or other electronic means and (iv) You consent to obtaining and sharing of any information (including personally identifiable information) with our employees, agents, associates and third parties on a need-to-know basis or under terms of confidentiality, for the purpose of making available the Application and Service to You. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address/mobile number/details provided by youor third party service provider delivery person on your behalf during the registration or accessing the Application or Service as per our records, or when we post the electronic communication on the Application.You understand and agree that if We send you an electronic communication but You do not receive it because Your email address on record is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, We shall be deemed to have provided the communication to You effectively. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, you must add Company to your email address book so that you will be able to view the Communications Company send to you. |
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3.5 |
The mobile number provided by you or third party service provider delivery person on behalf of you shall be linked to Your account. You are allowed to use mobile number other than the registered mobile number to make the payments towards Service, however it is your responsibility that you shall keep such mobile numbers linked with your bank account to enable UPI transactions, if any from Company Application. Company will not be liable for any such mismatch leading to your failure to access UPI transactions on Company Application. |
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3.6 |
Company may ask for and store additional information to either extend more Services or even as an additional requirement for continuing the existing Service. |
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4.USER ACCOUNTS |
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4.1 |
Company may collect User data including name, email-id, contact details, biometric information etc. to facilitate the Service by creating a unique account of the User or by identifying the User by any means as deemed fit by Company. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and Company reserves the right, at any time, to take steps necessary to ensure User’s compliance with all relevant and applicable KYC requirements, if any. |
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4.2 |
It is assumed that all information provided by the User for accessing and using the Application and the Service, is correct accurate and up to date. Company may verify the information that User have provided and choose to refuse the Service without providing reasons. Also, Company reserves the right to terminate its Service on account of misrepresentation of any information by the User. |
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4.3 |
User account bearing details provided by the User are created and owned by Company. Any access to the Application and the Service may be revoked without prior notice in the event of suspicious account activity or malafide intent/conduct of the User. In the case where the system is unable to establish unique identity of the User against the details provided to Company, the Service may be denied to the User. Company reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever. |
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4.4 |
We may use information collected about you via the Application to the following among other reasons: |
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5.LICENSE |
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Company grants you a non-exclusive, non-transferable end user license right to access and use the Application as per these Terms for availing the Services only.Company reserves all rights not expressly granted to you in these Terms. The Application is protected by copyright and other intellectual property laws and treaties. Company or its suppliers own the title, copyright and other intellectual property rights on the Application.You are granted an license to use the Application for limited purpose and it shall not be considered or assumed as Application is sold to you. |
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6.CONSENT TO USE OF DATA |
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By using the Application and/or the Service, you agree to the use of your information inaccordance with the Privacy Policy available on the Application and for the purposes mentioned in Clause 4 hereinabove and share the required information with Company business associates, advisors or consultants to offer You certain products, services or promotional information. |
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7.DISCLAIMER OF WARRANTIES |
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You acknowledge the Application is provided on "as is" basis and without warranty of any kind, express or implied, and to the maximum extent permitted by Applicable Law.Neither Company, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including but not limited to the warranties of merchantability or fitness for a particular purpose or that the Application will not infringe any third partyIntellectual Property rights. There is no warranty by Company or by any other party that the functions contained in the Application will meet your requirements or that the operation of the Application and the Service will be uninterrupted or error-free. You assume all responsibility and risk for the access and use of the Application and Service to achieve your intended results. Company shall not be liable for inability of the User to access the Application or Service due to reasons beyond the control of Company or due to reasons attributable to third parties such as power networks, mobile phone network, data system operators, landlords of the premises hosting the Service or any other third parties. There is no warranty/ guarantee on protection of the itemsplaced in the pods/ lockers by You or by third party service provider delivery person on your behalf from any kind of damage or loss. You shall be solely responsible and liable for the items stored in the pods/ Lockers including the damages or loss caused to Company. |
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8.USAGE CONDITIONS |
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8.1 |
Users agree to use the Application and Service only for purposes that are permitted by a) these Terms and b) any Applicable Laws as amended from time to time and being in force. |
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8.2 |
By using the Application and Service; You agree not to: |
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8.3 |
Payment Conditions (ii) In the event the User uses the Service for a time period in excess of the time period originally booked by the User for any reason whatsoever, the User shall be obligated to pay for such excess time period in order to access the Service. (iii) Users shall be entitled to make payments for the Service through payment gateways as authorised by Company or Unified Payments Interface (UPI). (iv) In the event any other payment options are integrated with the Application or the Service, such payments option shall be made available to the User at the discretion of Company. (v) Company reserves the rights to proceed against you in any manner as Company may deem fit (including but not limited to any court process) as per Applicable Law in relation to any amounts due. (vi) Company shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever. |
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8.4 |
User further agrees to: |
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8.5 |
The User shall be allowed to access the Service to keep the items under storage for not more than 24 consecutive hours, at one instance (“Time Limit”). The User shall be allowed to access the Service once for storage and once for retrieval, within the Time Limit. Company shall alert the User regarding expiry of the Time Limit by way of SMS or electronic communication 30 (thirty) minutes prior to the expiry of the Time Limit (“Alert”)and provide the option to (a) extend the Time Limit by making payment for the extended Time Limit, beforeeach instance of such expiry or (b) retrieve the items placed under storage upon making payment for the Time Limit or the extended Time Limit, as the case may be. In case of early retrieval of item, there is no refund of the service charges.In the event the User fails to extend the Time Limit and retrieve the items placed under storage, Company shall allow the use of Service for storage of items up to a maximum of 72 (seventy two) consecutive hours from the last Alert sent to the User (“Additional Time Limit”) and the User shall have the option to retrieve the items placed under storage within the Additional Time Limit upon making payment for the actual hours of usage of the Service. |
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8.6 |
In the event the User keeps the items in storage under the Service, for a period exceeding the Additional Time Limit, Company shall send an Alert to the User and provide the User with the following options – (a) removal of the items from the Service and retention of custody of the same by Company for the purpose of collection of such items by the User at a later date as agreed by Company and subject to an additional retrieval charge or (b) disposal of the items under storage, by Company without any liability whatsoever to the User. Any failure on part of the User to elect the aforementioned options (a) and (b) within the prescribed time period, shall be deemed to be an authorization to Company for disposal of the items under storage, by Company without any liability whatsoever to the User. |
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8.7 |
The applicable charges (except the additional retrieval charge) for access to the Service shall on half hourly basis on such rates as displayed by Company on the interface provided to the User, from time to time, regardless of the actual time of usage of the Service. |
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8.8 |
The User shall not be entitled to any refund for retrieval of the items under storage within the Time Limit or Additional Time Limit, as the case may be. |
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8.9 |
Each User shall be allocated 4 (four) lockers/pods at a time as a part of the Service, and such User shall be allowed to place not more than 1 (one) item under storage in such lockers/pods. |
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8.10 |
The User shall authorize to use only the locker/pod allocated to the User as a part of the Service and Company shall not be liable for loss of or damage to items placed in a locker/pod not allocated to the User. |
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8.11 |
The User shall be solely responsible for closing/locking the locker/pod after placing items under storage and Company shall not be liable for loss of or damage to items placed in a locker/pod if the User fails to close/lock the locker after placing items under storage. |
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8.12 |
Company reserves the right to immediately terminate the Service and the use of the Application, should you not comply with any of the above terms. |
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8.13 |
In the event the User is unable to access the Service or has reason to believe that the Service has malfunctioned or that the Service is affected adversely due to any technical issue which is directly attributable to Company, the User may contact Company at @ info@tuckpod.com |
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9.ARRANGEMENT BETWEEN YOU AND THE PAYMENT GATEWAY |
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9.1 |
All payments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective and the payment gateway. |
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9.2 |
All online bank transfers from valid bank accounts are processed using the gateway provided by the third parties which support payment facility to provide these services to you. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between you and the third party. |
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10. NO LIABILITY FOR ITEMS IN STORAGE |
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The User understand and agrees the items placed in storage under the Service including Drop Off are at the sole and entire risk of the User and that by opting for the Service, the User shall not hold Company liable or responsible in respect of any loss or damages cause to the items in storage under the Service or for any reason whatsoever including but not limited to the User's non-¬compliance with these Terms, malfunction, partial or total failure of any network terminal, data processing system, computer telecom transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems. Provided that the Company will only be liable in the event the loss or damages cause to the items in storage under the Service are solely attributable to Company (excluding perishable items or items required to be stored under special conditions e.g. temperature or humidity control). |
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11.MISUSE OF SERVICE |
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The User agrees to not access or use the Service and Application or any components or elements comprised in the Service and Application including but not limited to the lockers and pods, in contravention of these terms and Applicable Laws. The User agrees not to damage or cause harm to the Service or any components or elements comprised in the Service and Application or abandon the items placed in storage under the Service and holds Company harmless in respect of the said items and indemnifies Company in respect of any costs or liability arising upon Company due to misuse of the Service or abandonment of items placed in storage under the Service or from any damage or harm to the Service and the Application or any components or elements comprised in the Service and the Application. Company may communicate or contact the User in the event of abandonment of the Service or items placed in storage under the Service, not more than two times and if there is no response from the User, Company shall not be liable for the items placed in storage under the Service. |
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12.SECURITY |
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The User understands and agrees that the Service is made available to the Users at third-party premises and shall be subject to security measures applied by Company and such third-parties including but not limited to surveillance by means of close-circuit cameras to prevent instances of general vandalism and misuse of the Service and the User agrees and consents to abide by any such security measures by Company or such third parties and agrees that such security measures do not constitute any infringement upon the privacy of the User. |
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13.REFUND |
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The User shall not be entitled for refund of amounts paid in respect of the Service availed by the User wherein the User has used the Service for a time less than the time opted by the User. The User shall only be entitled to refund of any incremental amounts paid to Company due to billing errors, within a period of 7 to 10 days from the date of the User raising a refund request with Company. |
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14.COMPLIANCE WITH COURT OR GOVERNMENT ORDERS |
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In the event Company is required to disclose the particulars of items under storage or grant access to the items under storage to any governmental authorities pursuant to any investigation process, court or government orders, Company shall comply with such investigation process, court or government orders and shall not liable to the User for such disclosure or grant of access. |
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15.AUTHENTICATION |
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15.1 |
In order to provide access to the Service to the User, Company shall authenticate the User by means of sending one-time-password number (OTP) to the User or through biometric (fingerprint) identification of the User or through a passkey. In the event the User fails to submit the correct OTP or identify himself by means of biometric information or passkey by more than 2 (two) times and fails to authenticate itself, the access to Service shall be suspended for 2 (two) hours. The Service will only be resumed upon submission of the correct OTP or biometric identification or passkey to Company by the User and payment of amounts due, if any, by the User. It is the responsibility of Customer to remember the passkey. |
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15.2 |
The User shall have the option of nominating any other person on behalf of the User to access the Service, provided such access to the Service shall be granted by Company only upon authentication of such person by means of sending one-time-password number (OTP) to the User. Upon authentication, any actions or inactions on the part of such person with regards to the Service or access thereof shall be deemed to that of the User and the User shall be wholly liable for such actions of inactions of the said person or any breach of these Terms by the said person. For the purpose of these terms, such other person shall be deemed to be the agent of the User and the User shall be liable for any actions of such other person. The User shall not share credentials with said person and shall ensure that all confidential information’s are kept confidential. |
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16.FORCE MAJEURE |
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Any delay or failure to provide access to the Application and Service hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For the purposes of this Agreement, “Force Majeure” shall mean a cause or event that is not reasonably foreseeable or not otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, pandemic, fires, floods, explosions, riots, wars, hurricane, epidemics, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, change in government, injunctions, labour strikes, internet outage, power outage, network failure, failure of components/cables/subsystems and other like events that are beyond the reasonable control of Company affected thereby, despite the Company's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to the Company's failure to provide access to the Application and Service. |
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17.LIMITATION OF LIABILITY |
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It is agreed that Company and its affiliates, employees, directors, agents shall not be liable, for any direct, indirect, incidental, consequential, punitive damages (including, without limitation, lost profits, cost of procuring substitute service, loss of opportunity), or any peril to the life and limb, however caused to the User, arising out of access to Application and Service. In the event of any loss or damages caused to the User due to actions solely attributable to Company, the liability of the Company shall be limited to the consideration paid by the User in relation to access and use of the Service. |
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18.SEVERABILITY |
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If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then the remainder of this Agreement shall remain in full force and effect. In the event any such provision previously held to be invalid, illegal, or unenforceable, is thereafter held by a court of competent jurisdiction to be valid, legal, or enforceable, then said provision shall automatically be revived and incorporated into this Agreement. |
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19.GOVERNING LAW AND JURISDICTION |
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This Agreement, all transactions executed hereunder, and the legal relations between the Parties shall be governed and construed solely in accordance with the laws of India and the courts of Bengaluru shall have exclusive jurisdiction. |
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20.ENTIRE AGREEMENT |
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TheseTerms along with the Privacy Policy available at www.tuckpod.com, constitute the complete and exclusive understanding and agreement of the Parties and supersede all prior understandings and agreements, whether written or oral, with respect to the subject matter herein. |
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21.TERMINATION |
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These Terms are effective until terminated. Your rights under these Terms will terminate automatically without notice from Company if you fail to comply with these Terms. Upon termination of these Terms, you must cease all use of the Application and Service. If you wish to terminate these Terms, you may discontinue the access and use of the Application and Service. |
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22. INDEMNITY |
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User agrees to defend, indemnify and to hold harmless Company, its officers, agents, employees, from and against loss, damage, cost and expense of claims and suits seeking damage alleged to have been caused by or attributed to or arising directly or indirectly by User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity including the cost and expenses of handling said claims and defending said suits. |
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23. INTELLECTUAL PROPERTY RIGHTS |
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Intellectual Property Rights for the purpose of this Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Company as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be. |