Terms of Use

Last Updated: February 23, 2017



Your use of the CLAPP products and services are governed by the following terms and conditions ("Terms of Use") as applicable to the CLAPP product and services including the applicable policies which are incorporated herein by way of reference. By mere use of the CLAPP, You shall be contracting with Glovantech Corporation and these terms and conditions including the policies constitute your binding obligations, with Glovantech Corporation.


For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to use products or services of the CLAPP by providing registration data while registering on the CLAPP as registered User. The term "CLAPP", "We", "Us", "Our" shall mean Glovantech Corporation and its affiliates.


WHEN YOU USE ANY OF THE SERVICES PROVIDED BY US THROUGH THE CLAPP, YOU WILL BE SUBJECT TO THE RULES, GUIDELINES, POLICIES, TERMS, AND CONDITIONS APPLICABLE TO SUCH SERVICE, AND THEY SHALL BE DEEMED TO BE INCORPORATED INTO THIS TERMS OF USE AND SHALL BE CONSIDERED AS PART AND PARCEL OF THIS TERMS OF USE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE, AT ANY TIME WITHOUT ANY PRIOR WRITTEN NOTICE TO YOU. YOU SHALL ENSURE TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES/CHANGES. YOUR CONTINUED USE OF THE CLAPP FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE REVISIONS. AS LONG AS YOU COMPLY WITH THESE TERMS OF USE, WE GRANT YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ENTER AND USE THE CLAPP. BY IMPLIEDLY OR EXPRESSLY ACCEPTING THESE TERMS OF USE, YOU ALSO ACCEPT AND AGREE TO BE BOUND BY GLOVANTECH POLICIES INCLUDING BUT NOT LIMITED TO PRIVACY POLICY AS AMENDED FROM TIME TO TIME.

1. USER ACCOUNT, PASSWORD, AND SECURITY

If you use the CLAPP products and services, you shall be responsible for maintaining the confidentiality of your display name and password and you shall be responsible for all activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the CLAPP. You agree to
(a) immediately notify CLAPP of any unauthorized use / breach of your password or account and
(b) ensure that you exit from your account at the end of each session.


2. SERVICES OFFERED

Glovantech Corporation provides a number of Internet-based services through the CLAPP. One such service enables Users to purchase products and services. The products and services can be purchased through the CLAPP through various methods of payments offered. The sale/purchase of products and services shall be additionally governed by specific policies of sale, like cancellation policy, etc. In addition, these Terms of Use may be further supplemented by product and service specific conditions, which may be incorporated with that products or services.
CLAPP does not warrant that product and/or service description or other content of CLAPP is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.


3. PLATFORM FOR TRANSACTION AND COMMUNICATION

The CLAPP is a platform that Users utilize to meet and interact with one another for their transactions. CLAPP is not and cannot be a party to or control in any manner any transaction between the CLAPP's Users. Henceforward:
a. All commercial/contractual terms are offered by and agreed to between Users alone. The commercial/contractual terms include without limitation price, payment methods, payment terms, date, warranties related to services and support related to services. CLAPP does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users.
b. CLAPP does not make any representation or Warranty as to specifics (such as quality, value, etc) of the products and services proposed to be offered on the CLAPP.
c. CLAPP is not responsible for any non-performance or breach of any contract entered into between the Users. CLAPP cannot and does not guarantee that the concerned User will perform any transaction concluded on the CLAPP with another User.
d. At no time shall CLAPP hold any right, title or interest over the products and services offered by User to another User nor shall CLAPP have any obligations or liabilities in respect of such contract entered into between the Users.
e. The CLAPP is only a platform that can be utilized by Users to reach a larger base to offer products or services to other Users. CLAPP is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the respective Users. At no time shall Glovantech Corporation hold any right, title or interest over the products and/or services nor shall Glovantech Corporation have any obligations or liabilities in respect of such contract. CLAPP is not responsible for unsatisfactory or delayed performance of services.
f. You release and indemnify Glovantech Corporation and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the CLAPP and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Glovantech Corporation cannot take responsibility or control the information provided by other Users which is made available on the CLAPP.


4. USER CONDUCT AND RULES ON THE CLAPP

You agree, undertake and confirm that your use of CLAPP shall be strictly governed by the following binding principles:

a) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
i) belongs to another person and to which You do not have any right to;
ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or any anti-national activity or otherwise unlawful in any manner whatever;
iii) is misleading in any way;
iv) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or advertisement;
v) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
vi) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, age, sex, email address, physical address or phone number) or rights of publicity;
vii) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
viii) provides instructional information about illegal activities for example making illegal weapons/bombs, violating someone's privacy, or providing or creating computer viruses;
ix) contains video, photographs, or images of another person (with a minor or an adult).
x) tries to gain unauthorized access or exceeds the scope of authorized access to the CLAPP or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the CLAPP or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
xi) interferes with another User's use and enjoyment of the CLAPP or any other individual's User and enjoyment of similar services;
xii) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
xiii) violates any law for the time being in force;
xiv) threatens the unity, integrity, defence, security or sovereignty of the country where CLAPP is used, 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 any other nation;
xv) shall not be false, inaccurate or misleading;
xvi) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

b. We on certain landing page even allow our Users to experience free exchange of ideas and observations, including viewing User generated content(s) and/or videos and posting comments. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the CLAPP, You accept and consent to the practices described in these 'Terms of Use' and 'Privacy Statement, as well as any other terms of prescribed by the Glovantech Corporation. You agree and undertake that when accessing, viewing and/or posting any User generated content on these pages You will not imitate, abuse, harass, any other User or violate and exploit, any of these 'Terms of Use' of the CLAPP.
c. You shall not use any "deep-link", "page-scrape", "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 CLAPP or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the CLAPP or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the CLAPP. We reserve our right to bar any such activity.
d. You shall not attempt to gain unauthorized access to any portion or feature of the CLAPP, or any other systems or networks connected to the CLAPP or to any server, computer, network, or to any of the services offered on or through the CLAPP, by hacking, password "mining" or any other illegitimate means.
e. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity
f. You shall at all times ensure full compliance with the applicable provisions of the applicable law, rules and regulations and International Laws regarding your use of our products and/or service and your services in CLAPP.
g. From time to time, you shall be responsible for providing information relating to the products or services proposed to be offered by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
h. The Content posted in CLAPP does not necessarily reflect views of Glovantech Corporation. In no event shall Glovantech Corporation assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the CLAPP. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.


5. CONTENTS POSTED ON CLAPP

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and CLAPP has no control over such third party user generated content as CLAPP is merely an intermediary for the purposes of this Terms of Use. Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
You may use information on the products and services purposely made available on the CLAPP for downloading, provided that You
(1) do not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) do not make any additional representations or warranties relating to such documents.


6. DISCLAIMER OF WARRANTIES AND LIABILITY

All the materials, products and services (including but not limited to software), included on or otherwise made available to you through CLAPP are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, CLAPP does not warrant that: CLAPP will be constantly available or available at all; or the information on CLAPP is complete, true, accurate or non-misleading.


7. INDEMNITY

You shall indemnify and hold harmless Glovantech Corporation, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Statement and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark, Copyright and Restriction:
Glovantech Corporation authorizes you to copy documents published by Glovantech Corporation on the CLAPP for personal or non-commercial use only, provided any copy of these documents that you make shall retain all copyright and other proprietary notices contained herein. Except as expressly provided, nothing contained in this paragraph shall be construed as conferring any license or right under any Glovantech Corporation copyright. No materials available on the CLAPP may be stored, transmitted by any means (including but not limited to electronic, mechanical, scanning, photocopying or recording) without prior written permission of Glovantech Corporation.
The trade name, logo, and all product names appearing on our CLAPP are among the trademarks and/or service marks owned by Glovantech Corporation, or its subsidiaries or affiliates, and no trademark or service mark or other license is granted in connection with the materials contained on CLAPP.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license to any patent, trademark or other intellectual property right of Glovantech Corporation or any third party. Glovantech Corporation makes no representations or warranties that any use of the information contained on CLAPP will not infringe any such patent, trademark or other intellectual property right of Glovantech Corporation or any third party.


8. LIMITATION OF LIABILITY

In no event shall Glovantech Corporation be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the services or products;
(b) unauthorized access to or alteration of the User's transmissions or data;
(c) breach of condition, representations or warranties by User to You
(d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the CLAPP. Glovantech Corporation shall not be held responsible for non-availability of the CLAPP during periodic maintenance operations or any unplanned suspension of access to the CLAPP. The User understands and agrees that any material and/or data downloaded at CLAPP is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their device or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, CLAPP's liability shall be limited to an aggregate amount equal to the service and products purchased value bought by You in calendar year. CLAPP shall not be liable for any dispute or disagreement between Users.


9. TERMINATION

TERMINATION
Glovantech Corporation may suspend or terminate your use of the CLAPP or any service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Glovantech Corporation chooses to terminate them.
If you or Glovantech Corporation terminates your use of the CLAPP or any service, Glovantech Corporation may delete any content or other materials relating to your use of the service and CLAPP will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Glovantech Corporation for purposes of tax or regulatory compliance.
You shall be liable to pay for any service or product that you have already ordered till the time of Termination by either party whatsoever.


10. JURISDICTIONAL ISSUES

Unless otherwise specified, the material on the CLAPP is presented solely for the purpose of sale in USA. CLAPP make no representation that materials in the CLAPP are appropriate or available for use in other locations/Countries other than Countries specified above. Those who choose to access CLAPP from other locations/Countries other than USA may do so on their own initiative and Glovantech Corporation is not responsible for compliance with local laws, if and to the extent local laws are applicable.


11. GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of New York, USA without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New York. The place of personal jurisdiction shall be exclusively in New York.