Welcome to Memberly (“Platform”). The Platform is owned and controlled by Nodebase Technologies Private Limited (We/Us/Company), a company incorporated under the Companies Act, 2013 having its registered office at 4th Floor, 408, Shivalik Abaise near Shivalik Square-01, Anandnagar, Vejalpur Ahmedabad. Your use of the Platform shall be governed in accordance this Terms of Use (“Agreement”) along with the Privacy Policy, as modified and amended from time to time.
The Company is an Intermediary under the Information Technology Act, 2000 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and is in compliance with the rules.
This Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. This Agreement does not require any physical, electronic or digital signature.
APPLICABILITY OF THIS AGREEMENT
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE COMPANY. BY USING THE PLATFORM, ITS SERVICES, AND FEATURES, YOU ARE ACKNOWLEDGING, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE, WHETHER YOU HAVE READ THE SAME OR NOT;
This Agreement is subject to revision by the Company. The revised Agreement shall be made available on the Platform and shall be sent to You on Your registered mobile number upon such change. You are also requested to regularly visit the Platform to view the most current terms. Your continued use of the Platform, following such changes, will constitute Your acceptance of those changes.
ABOUT US
The Platform provides to You an application where You can connect and interact with communities and groups of Your choice and regularly see news and updates about that community and the people of that community (“Services”). By subscribing to our Services, You agree to:
- Provide current, complete, and accurate information about Yourself as prompted to do so by the Platform;
- To maintain and update the above information as required and submitted by You with the view to maintain the accuracy of the information being current and complete
ELIGIBILITY TO USE
You represent that You are of legal age to form a binding contract and are not a person barred from receiving information under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through this Agreement with Your parent or legal guardian, and in such a case this Agreement shall be deemed to be a contract between the Company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
We reserve the right to refuse access to use the Platform to any new users or to terminate access already granted to You at any time without giving any reason for doing so. You shall not have more than one active Account (defined below) on the Platform.
YOUR ACCOUNT
To avail Our Services, You are required to create an account on the Platform (“Account”). You agree to furnish all the requisite details and information that We may request at the time of creation of account and thereafter. You shall be responsible for maintaining confidentiality of all such information furnished to us including without limitation, login credentials etc. You agree to immediately notify us of any unauthorized use of Your Account information or any other breach of security. We will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by us or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
You further declare and affirm that all the details provided to us by You is correct and true to the best of Your knowledge and belief. If any information provided by You is incorrect, illegal, or against the provisions of any laws, We shall have right to terminate this Agreement and deactivate/delete Your Account on the Platform.
If anyone other than Yourself accesses Your Account, they may perform any actions available to You, make changes to Your Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on Your behalf and in Your name.
USER OBLIGATIONS
We grant You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Platform.
You agree not to access (or attempt to access) the Platform by any means other than through the interfaces that are provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
When You use the Platform, You specifically undertake not to use the Platform or to host, display, upload, modify, publish, transmit, store, update or share any information that:
- a. belongs to another person and to which You do not have any right;
- b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- c. is harmful to a child;
- e. 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;
- f. infringes any patent, trademark, copyright or other proprietary rights;
- g. contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- h. deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably perceived as a fact;
- i. engages in any activity that interferes with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform);
- j. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform;
- k. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platforms or any affiliated or linked sites;
- l. violates any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- m. violates any applicable laws or regulations for the time being in force within or outside India;
- n. Violate the terms of the Agreement.
You agree that You are solely responsible to the Company and to any third party for any breach of Your obligations under this Agreement or other Agreements and for the consequences (including any loss or damage which the Company, or its affiliates, or its vendors may suffer) for any such breach
INTELLECTUAL PROPERTY RIGHTS
The Platform and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, and computer code on the Platform (“Company’s Content”) is owned and controlled by the Company or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Company’s Content is protected by copyright, patent and trademark laws, and various other intellectual property rights (“Company’s Intellectual Property Rights”). Through Your use of the Platform, by no means are any rights impliedly or expressly granted to You in respect of Company’s Content except as otherwise mentioned in this Agreement. We reserve the right to change or modify Company’s Content from time to time at our sole discretion.
The trademarks, logos and service marks displayed on the Platform are the property of the Company or respective third parties. You are not permitted to use the marks without the prior consent of the Company or the third party that may own the marks.
We grant You a limited license to use the Company’s Content and Company’s Intellectual Property Rights to the extent necessary to use the Platform and the Services.
CONTENT
We strongly believe in freedom of speech and expression and based on this belief have developed a Platform for exchange of ideas, photographs, images, videos, music, updates, and other such content (“Content”). All the rights in such Content shared by You shall remain with You and We do not have any ownership rights and will never claim any intellectual property rights over Your Content.
You will be responsible for all the Content that You post through Your Account. However, all such Content shall at all times be in accordance with this Agreement and the Applicable Law. You shall ensure that while uploading the Content, You do not violate or infringe upon intellectual property rights of any third parties or that of The Company.
If at all our Account or any specific Content therein is reported by anyone as being against this Agreement or is found violating this Agreement or the Applicable Law, we reserve the right to remove the Content or deactivate/delete Your Account, as deemed necessary. For any appeal against removal of Content posted by You or deactivation/deletion of Your account, You may write to us at support@memberly.app.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU POST ON OUR PLATFORM. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY CONTENT SHARED OR POSTED ON OR THROUGH OUR PLATFORM, AND FOR THE CONSEQUENCE OF SUCH SHARING OR POSTING. THE PRESENCE OF OUR LOGO OR ANY TRADEMARK ON ANY CONTENT SHARED BY YOU DOES NOT MEAN THAT WE HAVE ENDORSED OR SPONSORED YOUR CONTENT. FURTHER, WE WILL NOT BE LIABLE FOR OR RESPONSIBLE FOR THE CONSEQUENCES OF ANY TRANSACTIONS MADE OR ENTERED INTO BY YOU WITH OTHER USERS OF THE PLATFORM.
By sharing/posting/uploading content using our Services, You grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of Your content (consistent with Your privacy and application settings).
DISCLAIMER OF WARRANTIES & LIABILITY
The Platform and the Services therein, are provided us on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise.
You expressly understand and agree that, to the maximum extent permitted by Applicable Law, We will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or any Services, either with or without Your knowledge.
We have endeavored to ensure that all the information on the Platform is correct, but We neither warrant nor make any representations regarding the quality, accuracy or completeness of any data, information, or service. We shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.
We have implemented measures to ensure that the platform and the Services are fully secure, however, we do not guarantee that the Platform/Services are immune to all kinds of attacks. You must ensure downloads of appropriate anti-virus/malware software and take other appropriate measures to protect Your devices and Your Account from such attacks. If You have any reason to believe that Your Account has been hacked and/or compromised, please immediately inform us at support@memberly.app.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with Your breach of this Agreement.
Notwithstanding anything to contrary in the Agreement(s), in no event shall the Company, its subsidiaries or affiliates and their respective officers, directors, employees, partners be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from any incompleteness or inaccuracies of any information or a breach of any warranty or guaranty due to the actions of any user of the Platform or any other claim arising out of or in connection with Your use of or access to the Platform.
TERM AND TERMINATION
This Agreement will continue to apply till the time Your account is active and You use our Services. You may terminate this Agreement by sending email to us at support@memberly.app.
You agree that the Company may, in its sole discretion and without prior notice, terminate Your access to the Platform and block Your future access to the Platform if Company determines that You have violated the terms of this Agreement or under the of the Court/Competent Authority.
CONSENT AND PRIVACY
By using the Platform and/or by providing Your information, You consent to the collection and usage of such information disclosed by You on the Platform by Company. The personal information data including but not limited to the Information provided by You to the Platform shall at all times be treated in accordance with our Privacy Policy which is incorporated here by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules thereunder.
COMMUNICATIONS
When You use the Platform or communicate with us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically or as and when required as per the terms of this Agreement and our Privacy Policy. We will communicate with You by sending you push notifications.
GOVERNING LAW AND JURISDICTION
This Agreement and all transactions entered into on or through the Platform and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation to the Platform, this Agreement, or any transactions entered into on or through the Platform or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts, tribunals, fora, applicable authorities at Ahmedabad, India and You hereby accede to and accept the jurisdiction of such courts.
MISCELLANEOUS PROVISIONS
Notice: All notices with respect to this Agreement will be served to You either on your mobile number or through push notifications, as deemed appropriate.
Assignment: You cannot assign or otherwise transfer any rights granted hereunder or any obligations, to any third party, and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Our rights and/or obligations under the Agreement are freely assignable or otherwise transferable to any third parties without the requirement of seeking Your prior consent.
Severability: If for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. We may amend in a reasonable manner such provisions to make it enforceable and such amendment will be given effect in accordance with the terms of this Agreement.
Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of or preclude the exercise of, any rights or remedies available to such party under this Agreement or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
RETURN, REFUND & CANCELLATION POLICY
The returns, refunds, and cancellation are subject to the community policy and defers from community to community. Please find the return, refund & cancellation policy of the community before proceeding with the payment on the community check-out page. Please note that all the three policies will be mentioned on the checkout page which the user can agree upon and proceed with the payment.
GRIEVANCE OFFICER
In compliance with the Information Technology Act, 2000 and rules made thereunder and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer of the Company are as under:
Grievance Officer Name: Mr. Kunal Udani
Email ID: support@memberly.app
Address: 4th Floor, 408, Shivalik Abaise near Shivalik Square-01, Anandnagar, Vejalpur Ahmedabad.
Phone: +919638788737
You can reach out to our support team to address Your concerns and/or queries at support@memberly.app