- 1. General
- 1.1 Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail. We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App
- 1.2 HerDUM App is a mobile application or “App” in short, developed by HerDUM systems pvt ltd to alert and inform your trusted ones about any physical emergency situation you may find yourself in. Our mission behind the app is Empowering women/citizens with technology in a REAL-TIME response to feel FREE from personal security fear. Our vision behind the app is to ASSIST every woman/citizen free from personal SECURITY fear.
- 1.3 HerDUM App needs user to register on mobile app and provide certain details before the user can start using the application.
- 1.5 These App Terms shall be governed by the laws of India and the parties submit to the exclusive jurisdiction of the courts of India to resolve any dispute between them arising under or in connection with these App Terms.
- 1.6 If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law
2. Proprietary Rights and licence
- 2.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned by HERDUM SYSTEMS PVT LTD.
- 3.1. The “Application” or “App” in short named as “HerDUM app” shall mean the software developed by HerDUM Systems Private Limited for use by members of the public after it is downloaded and to be used on devices running on Android OS ver 5.0 or above and to offer services related to any upgrades from time to time and any other software which enables the use of the Application.
4. Intellectual Property
- 4.1 The Herdum name and logo, and other Herdum trademarks, service marks, graphics and logos used in connection with the App are trademarks of Herdum (collectively “Herdum Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Herdum Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Herdum or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Herdum and its licensors
5. System Requirements
- 5.1. In order to use the Application, you are required to have a compatible mobile phone or handheld device with GPS, internet access, and the necessary minimum specifications ('Software Requirements').
- 5.2. The Software Requirements are as follows: Android OS devices on Android OS 5.0 up above.
- 5.3. The version of the Application software may be upgraded from time to time to add support of new functions and services.
- 6. Availability
- 6.1 - This app is available to handheld mobile devices with Android OS Operating Systems between and including the Android OS ver 5.0 and above. HERDUM Systems Private Limited will make reasonable efforts to make the app and its services available at all times. However since the app & its services are provided over the internet and mobile networks, so the quality and availability of its services may be affected by factors over which HerDUM Systems Private Limited has no control, such as Mobile network availability, prepaid connection balance, active sim and active connection with Mobile Provider etc.
- 6.2- Once the application is uninstalled or deleted, the app and any support associated will cease to exist. HERDUM Systems Pvt Ltd reserves rights to discontinue the application and associated support with or without a prior intimation to the user.
- 7.1 - Use of the service
Herdum hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by Herdum.In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
- A. Eligibility You may use the service only in compliance with this agreement and all applicable local, state, national laws, rules and regulations of juridiction where it is used.
- B. Service Rules
- You agree not to engage in any of the following prohibited activities:
- (i) copying, distributing, or disclosing any part of the service in any medium, including without limitation by any automated or non-automated “scraping”.
- (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the service in a manner that sends more request messages to the company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
- (iii) transmitting spam, chain letters, or other unsolicited email.
- (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the service.
- (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
- (vi) using the service for any commercial solicitation purposes without our permission.
- (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
- (viii) interfering with the proper working of the service.
- (ix) accessing any content on the service through any technology or means other than those provided or authorized by the service .
- (x) bypassing the measures we may use to prevent or restrict access to the service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content therein.
- (xi)raising false security alarm or any of its mis-use which causes problem/inconvinience to the society or any individual.
- (xii)not to use the App in any way that is unlawful, illegal or unauthorised, is defamatory of any other person, is obscene or offensive, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringes any copyright, database right or trade mark of any other person, is likely to harass, upset, embarrass, alarm or annoy any other person, is likely to disrupt our service in any way; or advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse
- C. License to Use the Service Subject to the terms and conditions of this agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the service for your personal, noncommercial use only (unless taken exclusive permissions from HerDUM Systems Pvt Ltd) and as permitted by the features of the service. Company may terminate this license at any time for any reason or no reason.
- D. Accounts User or any other entity accounts wthin HERDUM Apps that you are able to establish with the service give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
- 8.1 - User details, passwords, other login information and personal information provided by you will be available to HERDUM product. Our product may only use that information for the limited purposes for which you are giving us permission to do so. Personal or sensitive information or location information provided by you or app will be transmitted and stored securely within and across the HerDUM product and its components and only for as long as it is needed. The information provided would be used for app service purposes only.
- 8.2 - In case of an emergency, the personal information you have provided while registering, installing or using the application will be used by HERDUM Systems Pvt Ltd or the authorised entity to know your location, contact details, emergency numbers, friends and family contact numbers etc. Such personal information may be responsibly shared further with appropriate authorities only in the context of the emergency.
- 8.3 - HERDUM App uses SMS service to notify close friends/relatives as choosen by user to intimate user's location in case of emergency. This is an optional service and would be used only if choosen by user. The SMS service would be used for app service purposes only.
- 9.1-You agree to indemnify Herdum for any breach of these App Terms. Herdum reserves the right to control the defence and settlement of any third party claim for which you indemnify Herdum under these App Terms and you will assist us in exercising such rights .
- 10.1 - Herdum provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Herdum does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. All calorie, alcohol unit, ABV or other drinks related information is based on information provided by alcohol producers and retailers and such data, and other content on the App, may be out of date and Herdum makes no commitment to update it.
- 10.2 - To the fullest extent permitted by applicable law, Herdum hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
- 10.3 We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of this agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this agreement. You are responsible for all the mobile data usage resulting from the use of service. Consult your mobile operator concerning your plan, data rate charges and limits. Company shall have no liability for your interactions with other users, or for any user’s action or inaction which is outside the app.
- 10.4 - Upon any termination, (a) the rights and licenses granted shall terminate; (b) you must cease all use of the Software thereafter.
- 11.1 - The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App. THE APP IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE FROM YOUR GP.
- 12.1 - Nothing in these App Terms shall exclude or in any way limit Herdum’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
- 12.2 - To the fullest extent permitted under applicable law, in no event shall Herdum be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
- 12.3 - Herdum shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
- 12.4 - In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Herdum’s liability arising under or in connection with these App Terms and your use of the App exceed Rs. 100.
- 13.1 - If you have any questions regarding our App, you can email us at firstname.lastname@example.org
8. Data Protection
10. Service availability and termination
11. Reliance on Information
12. Exclusion of Herdum’s Liability
13. Contact Us