TERMS AND CONDITIONS OF USE

 

These terms and conditions of use (“Terms”) along with the privacy policy (“Privacy Policy”) constitute a legally binding agreement (“Agreement”) between You and ThreePoints (“ThreePoints,” “We,” “Our”). Therefore, We strongly recommend that You carefully read and understand these Terms and the Privacy Policy. If You have any questions regarding these documents, please contact us at info@bigpage.in, and We will endeavor to address Your concerns.

A. DEFINITIONS AND INTERPRETATION

  1. Capitalized terms, not defined elsewhere in this Agreement, shall have the following meanings: a) “App” means the ThreePoints mobile application downloadable from Google Play Store, owned by ThreePoints, including any updates thereof. b) “Google Play Store” means the service provided by Google LLC and/or its affiliates, through which You may download the App. c) “Google Play Store Terms of Service” means the terms of service applicable to the use of Google Play Store, available at https://play.google.com/about/play-terms.html. d) “User” or “You” or “Your” refers to a person who has accepted this Agreement in order to download and use the App.

  2. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.

  3. Headings and captions are used for convenience only and not for interpretation of the Agreement.

B. YOUR APPROVAL

  1. You approve and accept the Agreement by: a) downloading and/or installing the App on Your device; or b) accessing or using the App or any of the content available within the App from any device.

  2. You can accept the Agreement only if: a) You are a natural person of legal age to consent in your jurisdiction and of sound mind to form a binding contract with ThreePoints pursuant to Your use of the App; or b) You are a juristic Person, lawfully existing, that has all the authorizations, permits, and allowances to enter into this Agreement and form a binding contract; and c) You are not legally barred under applicable laws from using the App.

  3. You understand that We want You to not use the App if You do not understand, approve of, or accept the Agreement in its entirety. Therefore, You are requested to read these Terms and Privacy Policy carefully and understand the Agreement before You accept it and agree to be bound by them.

C. PROVISION OF THE APP

  1. The App is designed to provide You with an in-app browsing experience through an embedded browser. The App simplifies the latest news, guides, and videos with valuable insights across diverse topics. The App does not host, display, or transmit any content owned by third parties on its servers, unless We either have a license to host, display, or transmit over such content or are otherwise permitted under the applicable laws to do the same. When You access a summary, You may be provided with a link to one of the online sources of such summary. If You choose to access such a link, You acknowledge and accept that You are leaving the App, and We shall have no liability, obligation, or responsibility for any data breaches or damages arising from Your use of such online sources on third-party sites. You agree and acknowledge that ThreePoints is only an intermediary and that the App does not provide any content of its own accord, and ThreePoints is not responsible or liable for the content or accuracy of the summary of content that may be accessed by You through the App.

  2. The App may include links to other mobile applications and/or websites (some of which may be automated search results) that may contain objectionable, unlawful, or inaccurate materials. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.

  3. In order to access the App, You have to register as a User by providing prescribed information, which will be governed by our Privacy Policy.

  4. You agree and acknowledge that certain Sponsored Content may be placed on, about, or in conjunction with other content within the App.

  5. You agree and acknowledge to the following representations at all times while using the App: a) Any information that You provide is true, accurate, complete, and updated; b) You will only use the content of the App for non-commercial and personal purposes; c) You will not use the App or any content provided thereof for any purpose that is illegal, unlawful, or prohibited by this Agreement; d) You will not copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the App; and e) You will not confer any of Your rights to any third parties.

  6. You agree that if You are a content provider, and there are links to Your content shared on the App, You will provide such information as may be required under applicable laws to relevant government authorities, including but not limited to details of Your registered user account on the App products, and any other information that may be requested from You.

  7. You acknowledge that We will not be liable for the accuracy, validity, or authenticity of any information disclosed by You in furtherance of Your obligations under applicable laws, including in response to any requests from relevant government authorities.

  8. We may stop the provision of the App (or any part of the App), permanently or temporarily, to You or to users generally or may modify or change the nature of the App and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the App following any such modification constitutes Your deemed acceptance to be bound by any and all the Agreement (or as it may be modified).

D. YOUR AGREEMENT WITH THREEPOINTS

  1. A violation of any provisions of this Agreement may result in legal liability upon You, and nothing in these Agreement should be construed to confer any rights to any third party. You are responsible for Your conduct and activities while using the App, and for any consequences thereof.

  2. If any provision of the Agreement is found to be unenforceable under the applicable law, it will not affect the validity and enforceability of the other provisions of this Agreement. Such unenforceable provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision.

  3. We may choose not to act with respect to a breach of this Agreement by You or others, but this does not preclude our legal right against You with respect to subsequent similar breaches. Our failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.

E. USING THE APP

  1. You will download and install the App from the Google Play Store for using it. You will also download and update the relevant latest versions of the App and any relevant updates provided by Us to avail continued access to the App.

  2. You will use the App only for such purposes as are permitted by (a) this Agreement; and (b) any law, regulation, or generally accepted practices or guidelines applicable in the country of which You are a citizen, in which You are a resident, or from where You use the App.

  3. For any content You create using the App, You grant Us a limited, non-exclusive, transferable, assignable license to use the same to provide the App, improve Our services, and for other reasonable business purposes.

  4. We may from time to time require You to provide information about Yourself, such as Your name, contact information, and payment details. You agree that any information You provide to Us will always be accurate, correct, and up to date.

  5. You agree to use the App only for purposes that are permitted by (a) this Agreement; and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

  6. You agree not to access (or attempt to access) the App by any means other than through the interface that is provided by Us, unless You have been specifically allowed to do so in a separate agreement with Us. You specifically agree not to access (or attempt to access) the App through any automated means (including use of scripts, crawlers, or similar technologies).

  7. You agree that You will not engage in any activity that interferes with or disrupts the App (or the servers and networks which are connected to the App).

  8. You agree that You are solely responsible for (and that We have no responsibility to You or to any third party for) any breach of Your obligations under the Agreement and for the consequences (including any loss or damage which We may suffer) of any such breach.

F. INTELLECTUAL PROPERTY RIGHTS

  1. You acknowledge and agree that We own all legal right, title, and interest in and to the App, including any intellectual property rights which subsist in the App (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

  2. You agree that You will not, and will not permit any third party to, copy, adapt, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the App or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Us, in writing.

G. DISCLAIMER OF WARRANTIES

  1. You understand and agree that Your use of the App is at Your sole risk and that the App is provided “as is” and “as available” without any warranty or condition of any kind, express or implied.

  2. We do not warrant that (i) the App will meet Your specific requirements, (ii) the App will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the App will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the App will meet Your expectations, and (v) any errors in the App will be corrected.

  3. No advice or information, whether oral or written, obtained by You from Us or through or from the App shall create any warranty not expressly stated in this Agreement.

H. LIMITATION OF LIABILITY

  1. You expressly understand and agree that We shall not be liable to You for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

  2. You agree that We will not be liable for any damages resulting from any interruption, suspension, or termination of the App, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.

  3. Any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the App, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the App, shall not be Our responsibility and liability.

I. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ThreePoints, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) Your access to or use of the App; (ii) Your violation of this Agreement; (iii) Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that Your content caused damage to a third party. This indemnification obligation will survive the termination or expiration of this Agreement and Your use of the App.

J. GOVERNING LAW AND DISPUTE RESOLUTION

  1. The Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Bangalore, Karnataka.

  2. Any cause of action by You must be instituted within one (1) year after the claim or cause of action has arisen, or be barred.

K. MISCELLANEOUS

  1. This Agreement constitutes the entire agreement between You and ThreePoints regarding the use of the App. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

  2. The failure of ThreePoints to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

  3. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms and Your use of the App do not create any agency, partnership, joint venture, employment, or franchise relationship between You and ThreePoints.

  4. ThreePoints may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by ThreePoints in its sole discretion. ThreePoints reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement.

  5. You agree that the electronic text of this Agreement constitutes a writing and Your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

By accepting this Agreement, You agree to all the terms and conditions stated herein. If You do not agree to all these terms and conditions, You must not use the App.

Last Updated: February 2024