a. DownToDash is a mobile-based application for university students and in possession of a university email address. By accessing and using the DownToDash application and its services, you represent and warrant that
(i) You currently are or have been previously enrolled in a university and thus entitled to use DownToDash services;
(ii) Have never been convicted of a felony, and that you are not required to register as a sex offender with any government entity.
2. Your Acceptance
3. Application Stores
4. Registering for DownToDash Services and Account Security
a. In order to use DownToDash application, you expressly acknowledge and agree to register with a valid and verifiable university email address, profile picture, age and nationality. Additionally, you acknowledge and agree that you may opt to include your email address registered at Facebook and by doing so permit DownToDash to link your Facebook profile to its services. You also understand and agree that you are responsible for complying with the laws and regulations of the territory from which you access or use our Service. By using our services, you permit us to contact you at your given email address;
b. By registering for DownToDash service(s), you authorize us to send you emails that may include, but are not limited to, questions regarding your satisfaction with our service or requests to complete surveys regarding our service. To enhance user experience, DownToDash may at times display users with similar interests based on location.
c. You are solely responsible for maintaining the confidentiality of your email address/ username and password you designate for your DownToDash account and for any and all activities, chats that occur under your account. You agree to notify DownToDash immediately of any breach of security or unauthorized use of university email address and email address registered at Facebook. DownToDash shall not be liable for your losses or any third party caused by any unauthorized use of your account and you shall be liable for the losses of DownToDash or others due to any such unauthorized use.
d. You agree to immediately notify DownToDash if anyone else has unauthorized access to your account or if any other breach of security occurs as stated in this Agreement.
e. To delete your account, open DownToDash and go to Settings. In the event you choose to delete your account, you may no longer receive any communication that is initiated by DownToDash.
5. Use License
a. DownToDash grants you a personal, nonexclusive, nontransferable, non-sub licensable and limited revocable license to download and use the Application on a mobile device that you own and/or control and use the Services subject to the terms and compliance of the terms for (i) Your personal and lawful use only and you are prohibited to allow any third parties on your behalf to resell or charge others for this application (ii) under this license you agree to not modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer, alter, modify, translate any software contained on DownToDash’s application/website of any kind whatsoever, whether in part or full; remove any copyright or other proprietary notations from the materials and/or transfer the materials to another person or “mirror” the materials on any other server.
In the event of violation of any of these restrictions, this limited license shall automatically stand terminated.
6. User’s representations and warranties and content
a. You agree and acknowledge that You shall be solely responsible for any and all content and information that you make available on the Service by uploading, transmitting, updating, modifying, sharing, displaying or communicating in any other manner through the application including but not limited to any photographs, profile pictures (including your name and image), text messages, chats, information, text and third party links, if any (hereinafter, “content”). DownToDash does not guarantee the validity, accuracy, completeness or legal status or confidentiality with respect to any contents of any user and you shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the contents. You further agree that the content you upload and/or transmit through the application will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use or transmit the material and to grant DownToDash all of the license rights granted herein.
b. You represent and warrant that:
(i) You have the authority and capacity to enter and bind yourself to this Agreement; (ii) Your use of the Application will be solely for purposes that are permitted by this agreement; (iii) You will provide accurate, truthful and complete information about your university email address for use of the Application and that you will update any information should its accuracy or truthfulness change at any time for any reason, (iv) Your use of the Application will comply with all applicable local, state, national or international laws (“Laws”) and will not violate any contractual obligations, and further that (v) You will not misuse the Application and/ or the site and acknowledge and understand that “misuse” includes, but is not limited to using the Application in any manner that (a) violates or infringes any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement or any other proprietary rights; (b) send any direct or indirect junk mail/ spam its users; (c) publishes falsehoods or misrepresentations that could damage DownToDash or any of its users or any third party; (d) is grossly harmful, misleading, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise unlawful in any manner; (e) harass or intimidate another user/person and/or stalk or harass any user; (f) transmit, upload or share any material that exploits people in a sexual, violent, or other illegal manner; (g) advocate or promote racism, hatred, bigotry, or physical harm against any group or individual in any manner (h) harm minors in any way; (i) violate any law for the time being in force (j) deceive or mislead or misrepresent the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (k) impersonate any other person, user or entity, or falsely state or otherwise misrepresent yourself, your age, your nationality or any other personal information to any User and/or to any member of DownToDash team; (l) send, transmit or upload any fraudulent, unlawful message or messages containing or promoting any defamatory or illegal information and activities, images, materials or those that are offensive, vulgar, racist, profane, threatening, or illegal, or any material that infringes or violates another person’s rights; (m) messages that contain instructional resources about illegal activities; (n) messages that threaten the unity, integrity, defense, security or sovereignty of any country, 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 to any other nation (o) send or store material or files containing software viruses, worms, trojans or other harmful computer code, files, scripts or programs which may interrupt, destroy or limit the functionality of the application or the use of the application by or of any user; (p) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (q) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (r) interfere with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (s) attempt to probe for means of gaining unauthorized access to computers or networks, (t) “spam,”, “troll,” or attempt similar activities; (u) restrict or inhibit any other person from using DownToDash Application and or the site; (v) in any way reproduce or circumvent the navigational structure or presentation of the Service; and/or its contents, interfere or disrupt the Service or its servers or networks; (w) post or transmit any material containing software viruses, trojans, or other code designed to interfere in any way with software, hardware, or telecommunications equipment; (x) reproduce any part of our Service without our prior written authorization and (y) screen, scrape or data mine any content or information obtained from the Service and (vi) You agree and acknowledge that DownToDash cannot review and verify the individual persons/entities using its application/services/users and details such as picture, age and/or nationality, Facebook profiles and users activities, chats, messages any other posts and is under no duty to monitor and verify the same. By using the DownToDash application you hereby agree to exclude, to the fullest extent permitted by law, any and all liability which may arise due to any claims relating to impersonation of any person or entity by another person(s), publication/sending of defamatory, pornographic, obscene or offensive, harmful, commercial material and messages by you.
c. By posting content to our Service, you grant DownToDash an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, worldwide right and license to use, copy, store, display, reproduce, record, play, adapt, modify, and distribute the content you post and incorporate the content into other works.
d. You agree that any other user or person participating in the Service may view any content you post to our Service.
e. You understand and agree that we may monitor or review any and all content that you post on the Service and DownToDash reserves the right to remove any and all of aforementioned content at its sole discretion, without any notice. You agree that DownToDash also reserves the right to investigate and take any available legal action against any user or anyone who breaches or violates any of the provisions of this agreement
f. You agree that DownToDash may access, preserve, and disclose your account information and any content that you have posted or sent if required by law to do so or if it considers appropriate, at its sole discretion.
7. Your interactions with other Users
a. You are solely responsible for your interactions with other users. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it on your profile or as a message or chat to any other user of the service.
b. You understand that DownToDash currently does not inquire into the backgrounds of any or all of its users or attempt to verify the completeness or accuracy of the information provided by its users. We make no representations or warranties as to the conduct of our users and we reserve the right to conduct any criminal background check or other screenings at any time.
c. DownToDash is not responsible for the conduct of any user and does not guarantee any confidentiality between users. You agree to take all necessary precautions in all interactions with other users, particularly if you agree to meet in person(s) or communicate using a different service. You should not provide your financial information or send any money to other DownToDash users. In no event will DownToDash be liable for any losses or damages whatsoever, whether direct or indirect, incidental, consequential arising out of use of its services/ application to its users.
d. In the event you spam any user, you will be liable under applicable laws. DownToDash hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from your sending messages/invites to other users, including but not limited to, any action or claim regarding spamming.
8. Non-commercial use of our Service
a. DownToDash is intended for personal use only and you are not permitted to use the Service or any of its content in connection with any commercial endeavors. Such endeavors shall include, but are not limited to:
i. Advertising or soliciting any user to buy or sell products or services not offered by DownToDash;
ii. Users of this Service shall not use any information obtained through the Service to contact, advertise to, solicit, or sell to any other user(s) without his or her prior explicit written consent.
iii. DownToDash reserves the right to investigate and/or suspend and/or terminate and/or take any available legal action in response to illegal and/or unauthorized uses of the Service either on its own knowledge or on receipt of any complaint.
a. DownToDash shall not be responsible for the contents of any websites or applications (apps) linked to DowntoDash’s website or application and you are requested to exercise your own due diligence and prudence. The inclusion of any link does not imply any representation or assurance or endorsement by DownToDash of any third party website or application. Use of any such linked website or application is at your own risk.
10. Proprietary Rights
a. DownToDash owns and retains all proprietary rights in the Service and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto.
b. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way copyrighted material, trade names, service marks, or any other intellectual property of our Service and DownToDash application without obtaining our prior written consent of any our intellectual property.
DownToDash does not tolerate the uploading of or creation of inappropriate content within the platform. DownToDash uses moderators to remove inappropriate content, which can include, but is not limited to, pornographic material. Users can flag and report objectionable content they see within the mobile app. Reported content will be reviewed within 24 hours, and users who publish said content may be removed from the service.
12. Changes to our Service
a. You agree and acknowledge that DownToDash reserves the right to upgrade, modify or discontinue any part of its Service and application with or without any notice for any amount of time and that it will not be liable to you for any such upgrade, modification change made to its Service or application.
a. You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, your use of the Service and application is at your sole risk and discretion.
b. The application is licensed “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” BASIS. You bear the risk of using the application. DownToDash, on behalf of itself and all wireless carriers over whose network the application is distributed, and each of our respective affiliates, and suppliers (“distributors”), give no express warranties, guarantees, or conditions under or in relation to the application. To the extent permitted under your local laws, distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non- infringement.
c. You agree not to seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from any distributor and/or DownToDash.
d. DownToDash makes no warranty against interference of your enjoyment of the application and any related services; for losses or damages including any personal injury or property damage arising from or in any way related to your access or use of the application, use of any content posted, transmitted, or otherwise made available via the application or following a failure, suspension or withdrawal of all or part of the application at any time; any bugs, viruses, or the like which may be transmitted to or through the application or related services, that the application will be functional, uninterrupted, error-free or bug-free or meet your requirements; regarding the security, reliability or timeliness of the application; that any errors, bugs or failures in the application will be corrected. Accordingly, You expressly agree that use of application and related services is purely voluntary on your part, at your own risk and therefore you agree to bear any and all risk whatsoever and/or howsoever caused. Any content or material downloaded through your use of the application is at your own discretion and risk and you will be solely responsible for any damage or loss of data occurring on your device or any other loss or damages of any kind resulting from the download and use of the application. No advice, course of conduct or information, whether oral or written, obtained by you from DownToDash or any party or through the application shall create any warranty unless expressly stated in this agreement.
e. While we i.e. DownToDash shall endeavour to undertake all reasonable efforts and due diligence to ensure security and integrity, it shall, in particular, not be liable for the following: delay or errors in transmission and/or storage of information to or through DownToDash that might occur from time to time; intrusion, distortion, loss or forgery of data, etc due to act of any third party or itself, failure of any software and/or hardware or telecommunication service provider(s) used by it or any other act beyond our reasonable control.
f. You shall be liable for any consequences whatsoever resulting from anything transmitted or caused to be transmitted by you, to or through the application.
g. The materials appearing on DownToDash’s website or mobile app may include technical, typographical, or photographic errors. DownToDash does not warrant that any of the materials, photos, display, content on its website are accurate, complete, or current. DownToDash may modify the materials, photos, display, content contained on its website or mobile application at any time without notice. DownToDash does not, however, make any commitment to update this material, photos, display, content.
h. DownToDash makes no warranties, expressed or implied, regarding its correctness or completeness and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
i. Furthermore, DownToDash does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or mobile app or otherwise relating to such materials or on any sites linked to this site.
14. Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance shall DownToDash, its partners, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application.
You agree to indemnify, defend and hold harmless DownToDash, its partners, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees) of any kind arising out of: (i) Your access to or use of the Application, Site and related services; (ii) any breach by you of your obligations under this Agreement; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; and (v) Your negligence or willful misconduct. These obligations will survive termination of this Agreement.
16. Force Majeure
DownToDash shall not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond DownToDash’s reasonable control.
17. Amendments to this Agreement
a. This Agreement commences on the date You accept the Terms of this Agreement and shall remain valid and in full effect while you use the service and/or have a DownToDash account. You may delete your account at any time, for any reason, by clicking ‘Delete Account’ in “Settings” in the application DownToDash may terminate use of the Application at any time with or without cause in its sole discretion, without notice to you. DownToDash is under no obligation to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. Additionally, your rights under this Agreement will terminate automatically if you fail to comply with any term(s) of this Agreement including misuse of the Application or the website.
19. Grievance Officer
In the event you have any queries/complaints regarding usage of Application, please contact Sama Jashnani at email@example.com or Anuja Shah at firstname.lastname@example.org. The complaints shall be redressed in the manner provided under the (Indian) Information Technology Act, 2000 and rules framed thereunder. In addition, you may contact us with any queries, suggestions or for any assistance through customer service at email@example.com.
20. Governing Law and Jurisdiction
a. You irrevocably consent that this Agreement shall be governed by the laws of India and that any and all disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of courts in Mumbai, India.
21. Entire Agreement and Waiver
If one or more provisions of this Agreement are held to be unenforceable under Applicable Law(s), the remainder of this Agreement shall be valid and enforceable.
This Agreement may be assigned by DownToDash to its successors and assigns including if there is any re-organization of DownToDash.