Terms & Conditions

Aqvaleo Software LLP – Terms of services

This is an agreement between you or the entity that you represent (hereinafter “You” or “Your”) and Aqvaleo Software LLP (hereinafter referred to as ‘Aqvaleo’ or ‘Company’ or ‘We’ or ‘Our’) governing your use of our web portal, mamma-miya.com (“Website”) and mobile application, ‘Mamma-Miya’ (“App”). By using the Website and /or the App you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Reference to “you”, “guest”, “your” or “user”, whether registered or not, in these Terms of Service refers to the users of the App and/or Website, whether or not you access the services offered by us (“Services“) or consummate a transaction on the Website or the App. We reserve the right to update and change the Terms of Service from time to time without notice. You can review the most current version of the Terms of Service at any time at mamma-miya.com. These Terms of Service forms a legally binding agreement between Aqvaleo Software LLP and the user(s) of the Website or the App, as the case may be. We request you to carefully go through these Terms of Service to understand the different features of the Services. By using the Website or the App, you irrevocably accept all the obligations stipulated in these Terms of Service and agree to abide by them. Accessing the Website or the App through any medium, including but not limited to services on mobile phones, is also subject to these Terms of Service. These Terms of Service supersede all previous oral and written terms and conditions (if any) for the use of the Website or App that may have been communicated to you. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will, without prejudice to any of our other rights, result in the termination of your Account.

Account terms

 

  • You must be 18 years or older to use this Service.
  • Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Aqvaleo cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

When you use the Website/App, you agree that you are involved in the transmission of sensitive and personal information including (collectively “SPI”) which falls within the ambit of the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. You consent to receiving communications from Us on a periodic basis vide these SPI transmitted by you to Us. You also consent to the terms of our Privacy Policy. You agree that We shall not be held liable or responsible for ‘phishing attacks’ on you. You agree that you shall not use/access this Website/ App from unsecure computers, unsecure communication links, unsecure mobile phones. You may accept or decline the cookies when you access the Website/ App. It is the user’s responsibility to set his browser to alert him to accept or to reject cookies.

Representations and warranties

By registering for any Service or maintaining an account, you represent and warrant that:

  1. You are 18 years of age or older and that your use of the Website/App and / or Services shall not violate any applicable law or regulation.
  2. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
  3. Your use of this Website/App shall be subjected to the following restrictions:
    • you may not modify any content of the Website or App (“Contents”), including but not limited to, any public display, description, performance and pricing of the Services;
    • you may not decompile, reverse engineer, or disassemble the Contents; or
    • you may not remove any copyright, trademark registration, or other proprietary notices from the Website or the App. You further agree not to access or use this Website or App in any manner that may be harmful to the operation of this Website or App or its Contents.
  4. You will not:
    • advertise or sell the Services (whether or not for profit), for commercial purposes of any kind; or
    • use the Website or App and / or Services in any way that is unlawful, or harms the Company or any other person or entity, as determined by the Company at its sole discretion.
  5. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website/ App and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website/App and / or Services.
  6. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming”, “flooding”, “trolling”, and “phishing” as those terms are commonly understood and used on the Internet.
  7. You will not delete or modify any Contents, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
  8. Company cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Service, and, as between you and Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  9. All information, content and material contained in the Website or App and / or Services are Company’s intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to Company. No information, content or material from the Website or the App and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Company’s express written permission.
  10. You acknowledge that when you access a link that leaves the Website/App, the site you will enter into is not controlled by Company and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that Company is not responsible for those sites. Company reserves the right to disable links from third-party sites to the Website/App, although Company is under no obligation to do so.
  11. You expressly understand and agree that Company does not warrant: (a) that the functions contained in content, information and materials on the Website/App, including, without limitation any third party sites or services linked to the Website/App will be uninterrupted, timely or error-free; or (b) that the defects will be rectified; or (c) that the Website/App or the servers that make such content, information and materials available are free of viruses or other harmful components; or (d) that the quality of the Website/App and service would meet your expectations. You further expressly understand and agree that any material downloaded or otherwise obtained through the Website/App are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

 

Payment options and authorization; payment terms; cancellations and refunds; taxes

 

Some of the features and Contents of the App/Website are available only to users who have registered under the paid subscription model (“Premium subscriptions”) (“Premium user”).

  1. Payment Options:  Purchases of Premium Subscriptions made through the Company or through our designated third party payment provider, will require a valid, accepted, credit card or other payment method that the Company, or our designated third party payment provider, as applicable, in our or their sole discretion, accept as payment.
  2. Payment Terms: For purchases of Premium Subscriptions through the Company, You authorize Us, or our designated third-party payment providers, to charge the credit card or other accepted payment method you designate in the amount specified in the transaction. If there is a change in your payment information, you must update your user account with our designated third party payment provider, as applicable, to reflect such change. You may experience temporary disruption of your access Service while we are verifying new payment information. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur. In cases where we engage third party payment gateway provider for processing of payments, you are required to follow all the terms and conditions of such third party payment gateway provider. Any complaints regarding processing of payments will be forwarded to the concerned third party payment gateway provider for redressal and the Company will not be responsible for any payment processing related complaints.
  3. Cancellations and Refunds: You may cancel your Premium Subscription at any time, and end your Premium benefits immediately.
  4. Recurring Billing: Most Premium Subscriptions will consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into these Terms of Service, you acknowledge that your Premium Subscription, if any, has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of such Premium Subscription. WE, OR OUR DESIGNATED THIRD PARTY PAYMENT PROVIDER, AS APPLICABLE, MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. TO TERMINATE YOUR SUBSCRIPTION, CONTACT OUR DESIGNATED THIRD PARTY PAYMENT PROVIDER, AS APPLICABLE.
  5. Changes in the Amount Authorized: If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes, if any), we, or our designated third party payment provider, as applicable, shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. You agree that we, or our designated third party payment provider, as applicable, may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
  6. Auto-Renewal; Cancellation of Premium Subscriptions: Unless cancelled as described above, your Premium Subscription, if any, will be automatically extended for successive renewal periods of the same duration as the Premium Subscription term originally selected by you. You may prevent the renewal of your Premium Subscription at any time during the term of Premium Subscription, including any renewal period, by contacting our designated third party payment provider, as applicable.
  7. Payments Made Through Partners: The payment methods that we elect to accept for purchase may include one or more payment methods offered by a business partner of Aqvaleo (“Partner”), in which case your payment may be made directly to the Partner and not to us. In such cases, the Partner will be responsible for your payment, including cancellations and refunds, and the terms and conditions associated with your payment will be as set forth in the agreement between you and the applicable Partner.
  8. Taxes: Your purchases may be subject to applicable goods and services tax, sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated third party payment provider, or a Partner, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your acquisition, purchase, or possession of Premium Subscriptions, except for Sales Taxes as described in this section or as required by applicable law.
  9. If your selected payment method is no longer available or expires or your payment method fails for whatsoever reason, you will be responsible and liable for any uncollected amounts and Company reserves the right to terminate the Services offered to you.
  10. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
  11. Company reserves the right to change, terminate or otherwise amend the Premium Subscription plans, subscription fees payable for the Premium Subscriptions and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site/App and your continued use of the Service shall be deemed to be your conclusive acceptance of such amendments.
  12. Company reserves the right to change, supplement, alter or remove any of the Content that is subject to Premium Subscriptions as it deems fit. Company does not guarantee the availability of a specific Content or a minimum Content that is subject to subscription fee or Premium Subscription.

 

Cancellation and termination

 

  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time in the manner provided in the App/Website.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  3. Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Company’s service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Company reserves the right to refuse service to anyone for any reason at any time.

 

Modifications to the service

 

  1. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

 

Trademark

 

 

Aqvaleo Software LLP, Mamma Miya, Mamma Miya logo, including but limited to all graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Company. All content and compilation thereof being part of the Services, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and the software, is the property of the Company, its licensors, or its product suppliers, and is protected by Indian and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without the express written permission of the Company.

 

 

Copyright and content ownership

 

 

  1. All content posted on the Service must comply with applicable law. Please review our copyright compliance policy
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  3. Company does not pre-screen content, but Company and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. The look and feel of the Service is copyright© Aqvaleo Software LLP. All rights reserved. You may not duplicate, copy, or reuse any portion of the visual design elements of Mamma Miya without express written permission from Company.

 

General conditions

 

 

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Company service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Company.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service along with the Privacy Policy constitutes the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms of Service).
  14. Questions about the Terms of Service should be sent to wearelistening@mamma-miya.com

 

Termination

 

 

These Terms of Service will remain in full force and effect while you use the Services unless otherwise terminated as set forth in this section. You may terminate your membership at any time, for any reason, by following the process set out in the App/Website for deletion of account. You agree that Company, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, including failing to deliver payment for any Premium Subscriptions purchased by you within the required time. Company may also in its sole discretion and at any time modify or discontinue providing the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Services may be effected without prior notice, and you acknowledge and agree that Company may immediately deactivate or delete your account and all related information and the content in your account and bar any further access to such information or to the Services. You agree that Company shall not be liable to you or any third party for any modification or termination of your access to the Services, or for your inability to recover any user content.

 

Privacy

 

Any information, including user content, submitted on the Services, is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Service. Please review our Privacy Policy carefully.

 

 

Subscription to beta service

 

 

We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that We will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

 

 

Disclaimer of warranty

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IT IS AGREED THAT COMPANY PROVIDES ACCESS TO THE WEBSITE/APP ON AN “AS IS” BASIS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. THE USER ACKNOWLEDGES THAT COMPANY HAS NOT REPRESENTED OR WARRANTED THAT THE USE OF THE WEBSITE OR THE APP WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY.

Company shall have no liability to the user for any interruption or delay, to access the Website/App irrespective of the cause.

Indemnification

 

You agree to indemnify and hold harmless Company, its affiliates, officers, partners, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Services, violation of these Terms of Service, 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. Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

Limitation of liability

 

  1. In no event, shall Company, or any of its partners, officers, employees, agents or content or service providers (collectively, the “Protected Persons”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the App or the content, materials and functions related thereto, the Services, user’s provision of information via the Website, lost business, even if such Protected Persons have been advised of the possibility of such damages. In no event shall the Protected Persons be liable for:
    • any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website and/or App;
    • any unauthorized access to or alteration of your transmissions of SPI; or
    • any other matter relating to the Website/App or the Service.
  2. In no event shall the total aggregate liability of the Protected Persons to a user for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms of Service or a user’s use of the Website/App or the Services exceed the total service fee actually paid by such user to Company for a period of 6 months.

 

Severability

 

Each paragraph, clause, sub-clause and provision of these Terms of Service shall be severable from each other and if for any reason, any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or enforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of these Terms of Service or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid term and condition, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law.

 

Governing law and dispute resolution

 

These Terms of Service are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these Terms of Service, shall be subject to the jurisdiction of the courts at Bangalore, India.

 

On account of the nature of the Internet, the App, Website and the Services may also be accessed in various geographical locations; and you hereby agree and acknowledge that you are accessing the Website, App and availing of the Services, at your own risk, choice and initiative and you agree and undertake to ensure that your use of the App, Website and the Services complies with all applicable laws including the local laws in your jurisdiction.

 

Waiver

 

Any failure of Company to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

If you have any questions or concerns regarding this agreement, please contact us at  support@mamma-miya.com.