The purpose of this website, http://www.gethappie.in (the "Site"), and Happie app available for download from the Google PlayStore at https://play.google.com/store/apps/details?id=com.happie.jetlabs.happie ("App"), owned and operated by JetSynthesys Pvt. Ltd. ("JetSynthesys"), is to provide web/mobile/digital publishing Service. Please read these terms of service ("Agreement") carefully before using the Site / App or any Service provided on the Site / App (collectively, "Service").
By using or accessing the Service, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Service. The Service are accessed by You ("Subscriber" or "You") under the following terms and conditions:
Subject to the terms and conditions of this Agreement, JetSynthesys may offer to provide the Service, as described more fully on the Site / App, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of any third party. Service shall include, but not be limited to, any Service JetSynthesys performs for Subscriber, as well as the offering of any Content (as defined below) on the Site / App. JetSynthesys may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or Content. JetSynthesys may also impose limits on certain features and Service or restrict Subscriber’s access to parts or all of the Service without notice or liability. JetSynthesys reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site / App and by providing notice via e-mail, where possible, or on the Site / App. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.
Subscriber certifies to JetSynthesys that if Subscriber is an individual (i.e., not a corporate entity), Subscriber is at least 13 years of age. No one under the age of 13 may provide any personal information to or on JetSynthesys (including, for example, a name, address, telephone number or email address). Subscriber also certifies that it is legally permitted to use the Service and access the Site / App, and takes full responsibility for the selection and use of the Service and access of the Site / App. This Agreement is void in such jurisdiction where it is prohibited by law, and the right to access the Site / App is revoked in such jurisdictions. JetSynthesys makes no claim that the Site / App may be lawfully viewed or that Content may be downloaded outside of India. Access to the Content may not be legal by certain persons or in certain countries. If You access the Site / App from outside India, You do so at Your own risk and You are solely responsible for compliance with the laws of Your jurisdiction.
JetSynthesys will use reasonable efforts to ensure that the Site / App and Service are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site / App and/or Service will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by JetSynthesys to minimize such disruption where it is within JetSynthesys’ reasonable control.
You agree that neither JetSynthesys nor the Site / App will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site / App, the service, your Subscriber Content or other Content. JetSynthesys retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary Service needed to connect to, access the Site / App or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary Service are compatible with the Service.
The Site / App and its contents are intended solely for the use of JetSynthesys Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site / App, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations and Themes (as defined below), including without limitation the JetSynthesys Template Code (as defined below) (collectively, "Content") (other than Content posted by Subscriber ("Subscriber Content")) are the sole property of JetSynthesys and JetSynthesys is entitled to all protection in respect of such Content, software, materials or Service and/or third parties as the case maybe and are protected by Indian and international copyright laws. The JetSynthesys API shall be used solely pursuant to the terms of the API Terms of Service. All trademarks, service marks, and trade names are proprietary to JetSynthesys and/or third parties as the case maybe. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service.
The Site / App is protected by copyright as a collective work and/or compilation, pursuant to Indian copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Service in whole or in part.
Subscriber may download or copy the Content, and other items displayed on the Site / App for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from JetSynthesys, or from the copyright holder identified in such Content's copyright notice. In the event You download software from the Site / App, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the "Software") is licensed to You by JetSynthesys or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. You may own the Subscriber Content on which the Software is recorded, but JetSynthesys or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
Subscriber shall own all Subscriber Content that Subscriber contributes to the Site / App, but hereby grants and agrees to grant JetSynthesys a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so ("Content License") in order to provide the Service. On termination of Subscriber’s membership to the Site / App and use of the Service, JetSynthesys shall make all reasonable efforts to promptly remove from the Site / App and cease use of the Subscriber Content; however, Subscriber recognizes and agrees that caching of or references to the Subscriber Content may not be immediately removed. Subscriber warrants, represents and agrees Subscriber has the right to grant JetSynthesys and the Site / App the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) is racially, ethnically objectionable, disparaging (f) promotes any Content that promotes obscenity, paedophilia, racism, bigotry, hatred or causes harm of any kind against any group or individual, (g) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (h) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (h) of this sentence. JetSynthesys reserves the right to remove any Subscriber Content from the Site / App, suspend or terminate Subscriber’s right to use the Service at any time, or pursue any other remedy or relief available to JetSynthesys and/or the Site / App under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if JetSynthesys is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
Subscriber is responsible for all of its activity in connection with the Service and accessing the Site / App. The Subscriber shall not use the Service or Content which is fraudulent, abusive, or otherwise illegal activity or any use of the Service or Content in violation of this Agreement and such activity shall be grounds for termination of Subscriber’s right to Service or to access the Site / App. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any JetSynthesys website or app user.
Use of the Site / App or Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site / App or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site / App or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site / App, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.
JetSynthesys has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that JetSynthesys has no control over, and no duty to take any action regarding: which users gains access to the Site / App; which Subscriber Content that the Subscriber accesses via the Site / App; what effects the Subscriber Content may have on Subscriber; how the Subscriber may interpret or use the Subscriber Content; or what actions Subscriber may take as a result of having been exposed to the Subscriber Content. Much of the Subscriber Content on the Site / App is provided by and is the responsibility of the user or Subscriber who posted the Subscriber Content. JetSynthesys does not monitor the Subscriber Content of the Site / App and takes no responsibility for such Subscriber Content. Subscriber releases JetSynthesys from all liability for Subscriber having acquired or not acquired Subscriber Content through the Site / App. The Site / App may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. JetSynthesys makes no representations concerning any content contained in or accessed through the Site / App, and JetSynthesys will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site / App.
Although JetSynthesys and the Site / App will make reasonable efforts to store and preserve the material residing on the Site / App, neither JetSynthesys nor the Site / App is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Site / App. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site / App. You are solely responsible for creating back-ups of your Subscriber Content.
The Service, Content, Site / App and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. JetSynthesys makes no representations or warranties of any kind with respect to the Site / App, the Service, including any representation or warranty that the use of the Site / App or Service will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, JetSynthesys disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or Service provided on this Site / App. By using this Site / App, you acknowledge that JetSynthesys is not responsible or liable for any harm resulting from (1) use of the Site / App; (2) downloading information contained on the Site / App including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site / App, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Some places do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.
Users of the Site / App may gain access from the Site / App to third party sites on the Internet through hypertext or other computer links on the Site / App. Third party sites are not within the supervision or control of JetSynthesys or the Site / App. Unless explicitly otherwise provided, neither JetSynthesys nor the Site / App make any representation or warranty whatsoever about any third party site that is linked to the Site / App, or endorse the products or Service offered on such site. JetSynthesys and the Site / App disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site / App or JetSynthesys with respect to such sites and third party content.
As a condition to using Service, Subscriber will be required to register with JetSynthesys and select a password and JetSynthesys URL. Subscriber shall provide JetSynthesys with accurate, complete, and updated registration information, including Subscriber’s e-mail address and/or complete the registration via Facebook login. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a JetSynthesys URL a name of another person with the intent to impersonate that person; or (b) use as a JetSynthesys URL a name subject to any rights of a person other than Subscriber without appropriate authorization. JetSynthesys reserves the right to refuse registration of, or cancel a JetSynthesys URL in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's JetSynthesys password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Site / App and JetSynthesys from any and all liability concerning such activity. Subscriber agrees to notify JetSynthesys immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Site / App will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold JetSynthesys, its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) Subscriber’s access to the Site / App, (ii) use of the Service, the Site/App, (iii) the violation of this Agreement by Subscriber, (iv) or the infringement by Subscriber, (v) or any third party using the Subscriber's account, (vi) of any intellectual property or other right of any person or entity and (vii) the publication of Subscriber Content by the Subscriber.
Subject to the applicable law, in NO event shall JetSynthesys, its directors, officers, shareholders, employees or members be liable with respect to the Site / App or the Service for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site / App, errors or omissions; or (d) damages related to downloading or posting Content. With respect to the Site/ App or the Service, JetSynthesys' collective liability under this Agreement shall be limited to zero Rupees/zero USD. JetSynthesys, its directors, officers, shareholders, employees or members shall have no liability under this Agreement. .
The Subscriber acknowledges and agrees that JetSynthesys is providing the Service, Content and material in relation to the Site/ App as an intermediary, therefore exempted from any liabilities in accordance to Section 79 of Information Technology Act, 2008.
Some of the Service require payment of fees. All fees are stated in U.S. Dollars (USD) or Indian Rupees (INR). Subscriber shall pay all applicable fees, as described on the Site / App in connection with such Service selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site / App. Subscriber represents to JetSynthesys that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Service. All fee-based Service and virtual goods are provided "AS IS" with no warranties of any kind. JetSynthesys may modify and/or eliminate such fee-based Service at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Site / App.
JetSynthesys may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site / App and by sending you email notification. If you do not wish to pay the new prices, you may cancel the Service prior to the change going into effect.
Either party may terminate the Service at any time by notifying the other party by any means. JetSynthesys may also terminate or suspend any and all Service and access to the Site / App immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Service, access the Site / App, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site / App and the Service shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to JetSynthesys or the Site / App, including without limitation any indemnification obligations contained herein.
These terms of service and this Agreement shall be governed by and construed in accordance with Indian Law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Republic Of India. If there is any dispute about or involving the Site / App, you, by using the Site / App, agree that the dispute will be governed by the laws of the Republic of India without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in Pune, in the State of Maharashtra, India.
ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND JETSYNTHESYS (WWW.GETHAPPIE.IN & THE APP) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You, as a Subscriber / user of the Site / App, agree to indemnify, defend and hold harmless JetSynthesys Pvt. Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The Site / App respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
The Site's / App's intellectual property policy is to remove material that the Site / App believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service under the applicable law. The Site / App has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon the Site / App's own determination.
Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works; - Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Site / App to locate the material; - Information reasonably sufficient to permit the Site / App to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; - A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and - A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
JetSynthesys shall be entitled to respond to the Notification of Claimed Infringement received only from the authorised rights owner.
Designated Agent Contact Information The Site's / App's Designated Agent for notices of claimed infringement can be contacted at:
Via E-mail: firstname.lastname@example.org
Via International Mail:
JetSynthesys Pvt. Ltd.
101-104, 1st Floor, Metro House,
Mangaldas Road, Pune - 411 001,
Attn.: Legal Department
If you receive a notification from the Site / App that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide the Site / App with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to the Site's / App's Designated Agent through one of the methods identified immediately above, and include substantially the following information:
- A physical or electronic signature of the subscriber; - Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; - A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and - The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Indian Court for the judicial district in which the address is located, or if the subscriber’s address is outside India, for any judicial district in which the Site / App may be found, and that the subscriber will accept service of process from the person who provided a Notification of Claimed Infringement as set forth above or an agent of such person.
The Site / App Actions Following Receipt of Counter Notification Upon receipt of a Counter Notification, the Site / App shall promptly provide the party submitting a Notification of Claimed Infringement with a copy of the Counter Notification, and the Site / App will replace the removed material or cease disabling access to it in not less than 10, nor more than fourteen (14), business days following receipt of the Counter Notice, unless the Site's / App's Designated Agent first receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Site's / App's system or network.