TERMS AND CONDITIONS
Preliminary: The Below mentioned terms and conditions also referred as Terms of use or T & C or by whatever name referred shall be applied to this mobile application on Android platform. These T&C sets forth clauses that embody the rules, requirements, restrictions and limitations that a user must agree to in order to use this mobile app.
Legal: These T&C collectively forms an important legal agreement between application and its users. Relationship between application admin and its user is defined. Though the requirement is not mandated by any law but for the purpose of benefits to both app admin and its users and also to provide a basis for ascertainment of liability and other matters these T&C are provided in this application.
Objectives
- For Application: Need for the Terms and Conditions are for the purpose of stopping abusive users, terminate access or accounts at discretion, and enforce rules and guidelines. It’s the set of rules that users must follow to access, use and continue to use this app. Terms and Conditions together comprise an agreement the legal one, which maintain rights to exclude users from app in the event that they abuse this app, and where application admin can maintain their legal rights against potential abusers of app, and so on.
- For Users: users will benefit by having an explanation of their rights, rules they must follow, and what they can expect when using this app. It is an agreement which can help users to understand what is expected of them by explaining things like how payments must be made, what a user must refrain from doing, and how to reach customer support with any concerns or for assistance. These terms explain the finer points of app to the user, like how specific processes work, what kind of behavior is expected of users, and how to contact customer support. It also tells them what rights they have as a user.
Scope: It covers various aspects like usage and prohibition of use, Intellectual property matters, and ownership over content, terminate access or accounts at discretion, and enforce rules, disclaimers, cookies, warranty/limitation of liability and guidelines. It’s the set of rules that users must follow to access, use and continue to use app.
Acceptance: User hereby provides full consent and acceptance to these terms by mere agreeing to use the application. It is therefore advised to please read the terms and conditions set out below carefully before using this application. Registration with the application to act as user shall be deemed as agreement to these Terms and Conditions, and users are estopped from claiming ignorance.
Terms and conditions
1) Definitions and meanings: The terms appearing in these rules shall be interpreted and construed according to their natural meaning unless a different meaning is provided for the term purpose. Some of the meanings are hereby provided:
- “We”/“us”: stand for the admin and owner of this application “Okapp” and any person acting on their behalf like employees, partners including their assignees, licensee, executors etc
- “You”/“your”/”User”: means any individual who access the app to manage the hostel or PG accommodation students and their payments, details from time to time or any person who becomes member by taking subscription and making payment accordingly or User also to mean to include any person who registers with the application as user or attempts to register not withstanding whether service of the application is availed or not, for the matters related to IPR, Data collection, and Information technology matters.
- “Application”/”App” to mean the application of “Okapp” for the purpose of providing services contained therein the application in the android.
- Service or services: shall means services provided by us with the aid of this application subject to other conditions. More particularly the service of through the application, to its user’s i.e. hostel owners facility to manage the hostel and PG accommodation students and their payments, details. Basic purpose of this application is to provide an opportunity to hostel owners to enlist with the app and manage their hostel students
- Subscription: to mean access to any plan by users after payment of subscription fees subject to condition of availability, changes, updates if any. A subscription fee is provided in the app and is updated from time to time.
2) Assent: By accessing the app and entering requisite information with the application users shall be deemed to agree to these terms .No access to the Services will be permitted unless the Conditions are accepted in full. No user is entitled to accept part only of the Conditions. If a user does not agree to the Conditions, such user may not use the Services.
3) Required information: users are required at the time, when for the first time they download the application or any time after that are required to fill in asked information, without which services cannot be availed. The information so required is to include name, mobile number, email address and address of the hostel and bank account details. Such information is to be provided in the form requested and also correct information is to be provided.
4) Confidentiality:Information or data entered by users in the application or otherwise known through this application by us shall not be in any case shared with any third party to the prejudice of the users, except when it is required by law or justified by law to do so or where there has been fraud played on by users.
5) Charges: this application provides for facility to users to manage the hostel and PG accommodation students and their payments, details, which is provided in the application as per plan selected by user. We reserve right to increase or decrease the subscription fees for plans. Such charges include the transaction cost, taxes if any and service charge for using the application.
6) Process:
- Registration: user should register with the application.
- Provide the Information:
- Name
- Mobile Number
- Email address
- Other description is to be submitted
- Registration is subjected to approval of admin
- Subscription: User is required to take subscription in the app. User is required to make payment for subscription. Charges for subscription are given in the app for users along with validity or expiry. Once subscription is taken and confirmed user can obtain services of the app. User can view details of subscription in my account. Subscription can is provided for various plans from time to time in the app.
- Add details: User/ Hostel owner to enter details like number of students and their names, duration of stay, address, monthly or yearly plan etc.
- Add master data, occupancy, customer details in the app.
- Payment Management: User to manage payment of the students in the app like received amount, due amount and total amount for each customers or students, including monthly payment.
- User to have dashboard to manage expenses and incomes.
- Other services: other services provided are as follows:
- Payment confirmation.
- Notifications
- Add extra
- Ratings and reviews
- Shop module.
- Change password.
- FAQ’s
7) Payment: user is to make payment using payment gateway. User to be directed to payment gateway following instructions therein payment can be made. For payment user is to go through the payment and refund policy provided in the application.
8) Communication by Users: We may at any time review, scan, and store for the purpose of record and training the messages which users exchanged through this application. This storage and review is also done particularly to detect and prevent fraud, customer support purposes, enforcement of the contracts entered into with us and ensure compliance with applicable law. By using the application and accepting the T&C’s, the users agrees that we may review, analyze and moderate the messages sent or received through the application.
9) Ownership of Content:
- User: You shall retain all ownership rights over the content posted in the application, and we do not claim any right or title over the content part.
- Application: All the content uploaded in the app shall belong to the admin with the admin having full ownership rights , copy rights, and we reserve the right to take action for passing off or infringement in case of any violation.
10)License over content: ownership over content given by user lies with the user however when user uploads or submits content in the app for the purpose of providing service you grant us license over the content to us. Such license allows us to use the content for the purpose of offering service to you and also to communicate, distribute, modify, publicly display or perform, publish, reproduce, store and use such content worldwide. This license granted by you is for the purpose of operating, promoting, marketing and improving our services.
11)Obligations of users: The following are the obligations to be observed and instructed to be followed by users.
- That the app shall not be used for any fraudulent, unlawful or criminal activity or prohibited activity.
- If the user fails to comply with any of these terms or any other Conditions we reserves the right to keep information relating to the breach, to publish or disclose this information on the user’s online profile and to suspend or withdraw the access to the application.
12)Disclaimer: we are offering this application on as-Is basis and provide no guarantee or representation or conditions of any kind legal, express or implied arising out of usage of this application.
13)Rights of the app owner: admin to have the following rights:
- App owner/admin maintains ownership of app.
- App owner/admin maintains full ownership over content.
- App owner/admin can restrict abusive behavior
- App owner/admin can limit liability of user.
- App owner/admin can terminate user’s account.
14)Prohibited Uses: You shall not (and shall not permit any third party to) on or through the App, either (a) take any action or (b) host, display, upload, modify, publish, transmit, update or share any information, including without limitation any User Content which:
- Belongs to another person and to which You do not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
- Harms any person/property in any way
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Threatens the unity, integrity, defense, 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 of any other nation.
- Infringes any patent, trademark, copyright or other proprietary rights
15)Termination: we reserve the right to terminate any of the users account without any prior notice if the user violates any of clauses of these T&C or create risk or possible exposure to legal proceedings.
16)Information: users impliedly agree that all the information regarding, name etc is correct.
17)Liability: due care has been taken to ensure that all the information contained in this application is correct; despite all efforts in case of any error we shall not be liable. We don’t give any warranty regarding virus or any other similar programs that may occur due to usage of this application.
18)Technical error: This being an internet based mobile application may sometime mal function or cause some technical problem, we shall try to remove such defects at our earliest convenience, and shall not be liable to pay damages in case of such defect in running of the application.
19)Complaints: Any complaints or grievances shall be communicated through email address provided or phone number given, best endeavor will be made to redress the same as soon as possible.
20)Marks: No person shall use our marks and shall be held liable for passing off/ infringements incase similar or identical marks are used resembling our app or of same features or display design etc.
21)Jurisdiction: any dispute arising as a result of usage of this application shall be subjected to jurisdiction of courts in Bengaluru only.
22) Governing Law: these T&C are to be governed as per laws that are in force in India and the laws in the state of Karnataka.
23) Intellectual property/copy rights violation: if it is informed that the content of the application are causing copyright/Trade mark violation we shall take down/remove any material that turns out to be copyrighted if the violation is brought to our attention. We have a plan and policy in place for taking down violating material when it is brought to our attention.
24)Exemption: user hereby agree that in case of any deficiency or shortcoming or any other damage caused to user due to use of this application or by viewing, shall not entitle them to make us liable and no action of whatever nature is to be initiated or instituted against us subject to refund policy.
25)Other terms and conditions: besides the terms and conditions contained herein orders shall be subjected to terms and conditions of the various banks and financial institution whose card is used by the user to make payment. We shall not be liable to compensate if payment is delayed or wrongly deducted on part of the bank and financial institution.
26)Waiver: user cannot waive either by any act or abstinence any of these terms and conditions and privacy policy.
27)Changes to terms: we can change the terms and conditions listed above without any notice to customers and we reserve the right to change them
28)Contact Us: any person whether user or otherwise can contact the admin.