Terms of Service
These terms of service govern your use of the DadProved (collectively, “DadProved”, or “we”, “us”, or “our”) websites and mobile properties, including dadproved.com, laborfordads.com, labourfordads.com, our app(s), and all other interactive features and communications we provide in connection with the websites or apps (hereinafter referred to as “Platform”), however accessed or used, that we operate, make available, produce, or maintain (collectively, the “Services”).
General
These Terms, along with the others found on our Platform, include our policy for acceptable use of DadProved, its content, the content posted on DadProved, your rights, obligations, and restrictions regarding your use of the Platform. By using DadProved, you accept, without limitation or qualification, all the Terms applicable to the Platform, as amended from time to time. If you do not accept these Terms, you must discontinue use of DadProved. By accepting these Terms, you are entering into a legally binding Agreement (“Agreement”) with us.
We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made. You must consent to our Privacy Policy to use this Platform.
We reserve the right, in our sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without prior notice to you.
Key Terms
“User” shall mean any person availing the Services.
“Intellectual Property Rights” shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.
“Law” or “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, government approval, directive, guideline, budgetary declarations, circular, press notes, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration having the force of law in India or any other relevant jurisdiction, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this document or thereafter, and the word “Laws” shall be construed accordingly.
Eligibility
You must be eligible under applicable laws to enter into a binding agreement. If you are not so eligible, do not use any of our Services.
Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, and/or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Platform.
Personal Data
All data you provide, including personal data, shall be subject to the terms set forth in our Privacy Policy, and you represent and warrant that you have the absolute right and authority to provide such data to DadProved.
Communications
By availing our Services, or subscribing to our newsletter, you consent to receiving communications from DadProved and/or other Users on such media as you make available on or to the Platform. You may also be contacted by service providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this Agreement and all other policies followed by us. The sharing of the information provided by you is governed by the Privacy Policy.
DadProved Platform
1. The information featured on the Platform is provided on an “AS-IS” basis. The information on the Platform is NOT MEDICAL OPINION, MEDICAL ADVICE, OR MEDICAL KNOWLEDGE. It is hereby expressly clarified that, the information that you obtain or receive from the Platform, DadProved, and its employees, contractors, partners, advertisers, licensors or otherwise is for informational purposes only and MAY BE MEDICALLY INACCURATE.
2. We will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the services by DadProved jointly and/or severally with the party/parties in joint venture. You hereby give your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement as well.
3. In the event that you have a dispute with one or more Users of the Platform, you release us and our officers, directors, agents, subsidiaries, joint ventures, and employees from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
DUE TO TECHNICAL ISSUE OR TYPOGRAPHICAL ERROR, INFORMATION RELATED TO SERVICES AS REFLECTED ON THE PLATFORM MAY BE INCORRECT. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO INFORMATION ON THE PLATFORM. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE PLATFORM MAY BE FALSE, INACCURATE, PARTLY ACCURATE, OR OUT OF DATE. AND NEITHER DADPROVED, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO WITH RESPECT TO SUCH INFORMATION, MATERIALS, OR SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
DadProved Content
This Platform and the information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, excluding User generated content is the sole and exclusive property of the Company and/or its licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary.
The Company does not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted are retained by the Company.
User Generated Content
The User generated content shall include, without limitation, the comments made by users on the Platform.
All User generated content is third-party generated content, and we have no control over such content. Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is prohibited.
All Intellectual Property Rights in the User generated content shall rest with the holder of the Intellectual Property Rights in such content.
User Obligations
You may use the Platform and the Services for legal, personal, private, educational purposes alone. You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Platform or the Services. You may not attempt to gain unauthorized access to the Services, or computer systems or networks, through hacking, cracking, intrusion to networks, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
1. use the Platform for any purposes not expressly authorised by DadProved, or in contravention of any Applicable Law;
2. copy, modify, adapt, translate, or reverse engineer any portion of the Platform, its content, or materials and/or the Services;
3. remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or the Services or in or on any content or other material obtained via the Platform and/or the Services;
4. use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve, or index any portion of the Platform and/or the Services;
5. reformat or frame any portion of the web pages that are part of the Platform and/or the Services;
6. 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 Platform or any affiliated or linked websites; or
7. upload or make available any data pertaining to a third-party without such third-party’s express and continuing consent.
In addition to our rights in these Terms, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms.
Disclaimer of Warranties
WE PROVIDE THE PLATFORM AND THE SERVICES ‘AS IS’, ‘WITH ALL FAULTS’ AND ‘AS AVAILABLE’. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE PLATFORM OR THE SERVICES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
DADPROVED DOES NOT PROVIDE WARRANTIES RELATING TO ACCURACY OF ANY MEDICAL INFORMATION.
General Limitation of Liability
DADPROVED WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE PLATFORM; OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE PLATFORM, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, DADPROVED WILL NOT BE LIABLE FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION; LOSS OF LIFE OR LIMB; LOSS TO COMPUTER OR TELECOMMUNICATION EQUIPMENT, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
Termination
DadProved reserves the right to suspend or terminate User access to the Platform and the Services with or without notice and to exercise any other remedy available under law, where:
- the User breaches these Terms;
- A third-party reports violation of any of its right as a result of your use of the Services;
- DadProved has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of the User;
- As a result of the suspension or termination of services by DadProved; or
- DadProved believes in its sole discretion that the User actions may cause legal liability for other Users, third-parties or for DadProved, or are contrary to the interests of the Platform.
Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Platform under the same account, a different account, or re-register under a new account. On termination of an account, such User shall no longer have access to the Platform.
Indemnification
You agree to defend, indemnify, and hold harmless DadProved, our employees, contractors, officers, directors, agents, parent, other affiliated companies, vendors, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your access to the Platform, (b) your use of the Services, or (c) the violation of the rights of any third-party. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
Entire Agreement
These Terms of Service and any supplemental terms, policies, rules, and guidelines posted on the Platform, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of DadProved to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Platform regarding any change of ownership so that you have the opportunity to discontinue your use of the Platform, or cancel your account, if you do not wish to continue to use the Platform and the Services under the new ownership. You may not assign, transfer, or sub-license, these Terms of Use to anyone else and any attempt to do so shall be null and void.
Choice of Law and Dispute Resolution
These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of India. The courts in Bengaluru, Karnataka, shall have the jurisdiction for all suits arising out of or in connection with this Agreement.
Third Party APIs and Links
The Platform may contain APIs and links to services and websites that we and our affiliates do not own, operate, or control. All such APIs and links are provided solely as a convenience to you. If you use these APIs and links, you will leave the Platform. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any third party APIs or website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any third-party APIs and websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using such APIs and websites. If you access any other websites linked to or from the Platform, you do so entirely at your own risk.