NAYAN INDIA Terms of Service & Conditions

नयन इंडिया आपका स्वागत करता है!

Date: 13th February, 2018

Thanks for using our products and services (“Services”). The Services are provided by NAYAN INDIA (“NAYAN”), located at L-3 Ground Floor, South Extension – 2, New Delhi 110049.

By downloading or using the application (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 NAYAN INDIA.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

NAYAN INDIA is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for. In case you have any questions or concerns, PLEASE DO NOT USE OUR SERVICES OR PROUDCTS BEFORE RECEIVING A WRITTEN AND DOCUMENTED RESPONSE TO YOUR QUESTIONS OR CONCERNS.

The NAYAN app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the NAYAN app won’t work properly or at all.

Don’t misuse our Services and Products. For example, don’t interfere with our Services or Products or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

You should be aware that there are certain things that NAYAN INDIA will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but NAYAN INDIA cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, NAYAN INDIA cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, NAYAN INDIA cannot accept responsibility

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not NAYAN INDIA’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.

With respect to NAYAN INDIA’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you.

NAYAN INDIA accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly or partially on any functionality of the app or our data.

At some point, we may wish to update the app. The app is currently available on Android phones and iOS Phones and the requirements for the phones (and for any additional phones or operating systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. NAYAN INDIA does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

You may need a Google Account or Facebook Account in order to use some of our Services. You may create your own Google Account or Facebook Account, or your Google Account / Facebook Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google Account or Facebook Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. You need to review all of Google’s and Facebook’s policies carefully before using our services and products. Review their policies at: https://policies.google.com/, https://www.facebook.com/full_data_use_policy; however, make note that the polices for all these 3rd parties may change

To protect your NAYAN Account or Google Account or Facebook Account, keep your password confidential. You are responsible for the activity that happens on or through your NAYAN or Google or Facebook Accounts. Try not to reuse your NAYAN and Google and Facebook Account passwords on third-party applications. If you learn of any unauthorized use of your password or NAYAN Account or Google Account or Facebook Account, please notify the respective companies.

Privacy and Copyright Protection

NAYAN’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that NAYAN can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act., USPTO, WIPO and India Copyright Act, India Patents Act and India Trademark Act.

If you think somebody is violating your copyrights and want to notify us, you can send notices to nayancam@gmail.com.

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give NAYAN (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a phone number listing you have added to our applications/apps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. For example: you cannot take or send pictures / videos of copyrighted, secured, classified, confidential and other data that you don’t have rights to or have not obtained explicit permissions from the owner of such data.

Our automated systems analyze your content (including videos and GPS location) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection, among others. This analysis occurs as the content is sent, received, and when it is stored.

If you have a Google Account, or NAYAN Account, or Facebook Account, we may display your Profile name, Profile photo, and actions you take on NAYAN or on third-party applications connected to your NAYAN Account (such as likes, reviews you write and comments you post etc) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account or Facebook Account. For example, you can choose your settings so your home address or friends names etc do not appear in an ad.

You can find more information about how Google and Facebook use and store content in the privacy policy or additional terms for particular Services for those companies. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

NAYAN gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by NAYAN as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by NAYAN, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. NAYAN may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care to help or assist you, however, we cannot guarantee any of our services will meet your needs or provide for any minimum basic requirement that you expect.

Other than as expressly set out in these terms or additional terms, neither NAYAN nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Changes to This Terms and Conditions

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between NAYAN and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

This Agreement will be governed by the laws of Republic of India, without reference to its conflict of law rules. The courts at New Delhi will have exclusive jurisdiction in relation to any disputes arising out of or relating to this Agreement, and you and NAYAN consent to personal jurisdiction in those courts;

However, NAYAN INDIA may choose to not go to court and instead arbitrate the matter for expediency or other reasons. Under such a decision: Any dispute or difference whatsoever arising between the parties (meaning you and NAYAN INDIA), out of or relating to the construction, meaning, scope, operation or effect of this agreement or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

Contact Us

All notices hereunder will be given in writing, will refer to this Agreement and will be personally delivered or sent by overnight courier, electronic mail, or registered or certified mail (return receipt requested) to the address set forth

L-3 Ground Floor
South Extension – 2
New Delhi – 110049
India

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at nayancam@gmail.com.