Effective from 15/12/2017
These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the “Services”) made available by Fortytwo42 Technology Innovations Private Limited, (FT42), a company established in India, having its offices at Office No 201, Siddh Icon, 2ND Floor, Baner, Pune - 411045, Maharashtra, India.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
The Services and Contractual parameters:
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. FT42 is offering you this app to use for your own personal use without cost, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, belong to FT42.
FT42 is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. FT42 will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Services constitute a technology platform that enables users of FT42’s mobile applications or websites provided as part of the Services (each, an “Application”) to make use of the identity based cryptographic cybersecurity products and services for executing transactions like approval, authentication, electronic signature; which are initiated and authorised by Third Party Enterprises like your bank, your employer, your government agency, etc.
It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the FT42’s app won’t work properly or at all.
You should be aware that there are certain things that FT42 will not take responsibility for. Certain functions of the app, such as the ability to download and receiving push notifications, executing transactions, profile updates, various identity verifications, etc; will all require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but FT42 cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
FT42 may wish to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. FT42 does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, FT42 may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless FT42 tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
License:
Subject to your compliance with these Terms, FT42 grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by FT42 and FT42’s licensors.
Restrictions:
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by FT42; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services:
You acknowledge that portions of the Services may be made available under FT42’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “I-AMTM,” “Crypto IDs,” “File Encryption and Decryption (FED),” “Pi-Control Platform,”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of FT42’s subsidiaries and affiliates; or (ii) independent Third Party Providers. (iii) independent Third Party Enterprises.
Third Party Services / Enterprises and Content:
The Services may be made available or accessed in connection with third party services / enterprises and content (including advertising) that FT42 does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services / enterprises and content. FT42 does not endorse such third party services / enterprises and content and in no event shall FT42 be responsible or liable for any products or services of such third party providers / enterprises. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, or Microsoft Windows, powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership:
The Services and all rights therein are and shall remain FT42’s property or the property of FT42’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner FT42’s company names, logos, product and service names, trademarks or services marks or those of FT42’s licensors.
User Accounts:
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to FT42 certain personal information, such as mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or FT42’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and PIN at all times. Unless otherwise permitted by FT42 in writing, you may only possess one Account.
User Provided Content:
FT42 may, in FT42’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to FT42 through the Services textual, and/or visual content and information, including feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to FT42, you grant FT42 a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and FT42’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant FT42 the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor FT42’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by FT42 in its sole discretion, whether or not such material may be protected by law. FT42 may, but shall not be obligated to, review, monitor, or remove User Content, at FT42’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices:
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. FT42 does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
DISCLAIMER:
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FT42 DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FT42 MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FT42 DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
FT42 SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FT42 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FT42 SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF FT42 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FT42 SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FT42’S REASONABLE CONTROL.
FT42’S SERVICES MAY BE USED BY YOU TO EXECUTE TRANSACTIONS SUCH AS APPROVAL/AUTHENTICATION/ELECTRONIC SIGNATURE WHICH ARE INITIATED AND AUTHORISED BY THIRD PARTY PROVIDERS, BUT YOU AGREE THAT FT42 HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY APPROVAL/AUTHENTICATION/ELECTRONIC SIGNATURE SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity:
You agree to indemnify and hold FT42 and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) FT42’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Governing Law, Arbitration:
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of INDIA, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be mediated as per directive of the High Court, Mumbai as per all the applicable laws of India.
Other Provisions:
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to FT42’s designated person. Please visit FT42’s web page for the designated address and additional information.
Notice:
FT42 may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your communication address as set forth in your Account. Our address is FORTYTWO42 TECHNOLOGY INNOVATIONS PRIVATE LIMITED, Office No 201, Siddh Icon, 2ND Floor, Baner, Pune - 411045, Maharashtra, India.
General:
You may not assign or transfer these Terms in whole or in part without FT42’s prior written approval. You give your approval to FT42 for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of FT42’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, FT42 or any Third Party Provider as a result of the contract between you and FT42 or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”