The “Application” shall mean the software provided by India Machines that primarily enables a user to be able to place an order to one or more of the stores listed in the application. The user can either place an order either for Carry Out and/or for Delivery as offered by the store. It includes any upgrades from time to time and any other software or documentation which enables the use of the Application.
4.INTELLECTUAL PROPERTY INFORMATION
5.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by India Machine or by India Machines’s licensors.
5.2. India Machines hereby grants you a worldwide, non-exclusive, royalty-free revocable license to use the Application for your personal use in accordance strictly bound with these apps terms.
6. CONDITIONS OF USE
7.1. This Application is available to handheld mobile devices running Android (or) iOS Operating Systems. India Machines will use reasonable efforts to make the Application available at all times.However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside India Machines’s reasonable control.
7.2. India Machines, its group of companies, affiliates and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
7.3. India Machines will not be responsible for any support or maintenance for the Application.
7.4 India Machines will not provide any compensation in any form under any circumstances due to any consequences or results as an outcome of using this application (or) if the application is not available due to unforeseen situation outside the boundary of India Machines’s genuine attempts to resolve.
8. SYSTEM REQUIREMENTS
8.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
8.2. The Software Requirements are as follows: Android OS devices running Android OS 2.1 up (or) IOS devices. Language: English,
8.3. The version of the Application software may be upgraded from time to time to add support for new functions and services.
9.1. India Machines may terminate use of the Application at any time by giving notice of termination to you.
9.2. Upon any termination,
(a) the rights and licenses granted to you herein shall terminate;
(b) you must cease all use of the Software
9.2. Upon any termination,
(a) any data stored in the app will no longer be available for the user
(b) the user can send a request to email@example.com for a copy of their data and India Machines will make necessary efforts to provide the data after duly validating the identity.
10. LIMITATION OF LIABILITY
10.1. In no event, will India Machines be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
10.2. India Machines is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
10.3. Nothing in these App terms shall exclude or limit India Machine’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
11. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, India Machines hereby disclaims all implied warranties with regard to the Application. The Application and software are provided “as is” and “as available” without warranty off any kind.
India machines does not endorse any guarantee or availability of the machines listed in the site. Purchase and sale of machinery listed in indiamachines.in is within buyers and seller only.
12. MODIFICATIONS OF THESE TERMS
India Machines reserves the right to change or modify these Terms or any other India Machine’s terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the India Machines website (http://www.indiamachines.in) or within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorised representative of India Machine shall have any legal effect as a waiver by India Machines of any Terms of this Agreement.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of india machines to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
14. PAYMENT TERMS
India Machines will monthly invoice the admin user of the app based on an agreement agreed by both the admin user and India Machines. In the absence of the agreement in place, India Machines may terminate the users and delete the data & the user should immediately uninstall the app and stop using it. The admin user is liable to pay the invoice within 30 days of the invoice date. Any delay in paying the invoice on time will incur a 5% late fee every month until the amount is paid in full.