THIS END USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“END USER, YOUR OR YOU”) AND BRANDMATE., HAVING ITS REGISTERED OFFICE AT  101,MONALISA,ABOVE BHARAT BANK,STATION ROAD,MALAD(W),MUMBAI-400064 ACTING ON BEHALF OF ITSELF AND ITS AFFILIATES (“NEWESOME, US, OUR OR WE”). THE EULA GOVERNS YOUR USE OF THE NEWESOME PLATFORM.

“AFFILIATES” AS USED HEREIN MEANS, WITH RESPECT TO NEWESOME, AN ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH NEWESOME. 

“NEWESOME PLATFORM” MEANS AND REFERS TO NEWESOME’S PROPRIETARY PLATFORM (APPLICATION/SOFTWARE/WEBSITE/FEATURE OR AS MADE AVAILABLE IN ANY OTHER FORMAT) WHICH ENABLES END-USERS TO EXPLORE AND DISCOVER BRAND CONTENT OR PRODUCTS THROUGH  INTERESTING STORIES, NEWS, EVENTS, GAMES, ADVERTISEMENTS, PROMOTIONAL OFFERS ETC. VIEWED ON THE WEBSITE ON DESKTOP, LAPTOP OR ANY OTHER SMART DEVICE.

PLEASE CAREFULLY READ THIS EULA BEFORE DOWNLOADING, SUBSCRIBING TO, ACCESSING OR USING THE NEWESOME PLATFORM.

THE TERMS OF USE ARE FURTHER SET OUT BELOW.

What does Newesome offer You:

The Newesome Platform provides easily accessible content of Ecommerce brands that may be of interest to you such as product descriptions, brand content , new launches, images, text snippets, gifs, infographics, stories, gaming experience, videos, audio-visual programs, or such other information (“Content”). Such Content may be generated, developed or produced by Newesome (“Owned Content”) or aggregated, obtained and/or licensed through third party sources (“Third Party Content”). For the avoidance of doubt, Owned Content may incorporate or include certain Third-Party Content. Newesome Platform, therefore, enables Your easy access and assists You to find relevant information of Your interest. Using the feature under ‘What’s next’ or such other icon, You, can subsequently discover and access more information about a particular Content, either within the Newesome Platform or by accessing the links to third-party webpages, applications or other such landing pages. It may also feature advertising tailored to your interests. Some Content may further have a call to action to install an application at the user’s election.

TERMS OF USE

1. GENERAL

1.1 By installing, subscribing to, accessing or using the Newesome Platform, you agree to this EULA. If you do not agree to this EULA, you may elect to uninstall or unsubscribe from the Newesome Platform and/or some of its features may not be made available to You. The Newesome Platform may also fail to operate and provide You with optimum experience. 

1.2 The terms of this EULA incorporate by reference Newesome’s Privacy Policy (“Privacy Policy”) as set out. By using Newesome, You agree to be bound by the Privacy Policy.

1.4 You affirm that You are 18 years of age or above, or if You are a minor (i.e. less than 18 years of age), possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these EULA, and to abide by and comply with these EULA. You must not access Newesome Platform or accept this EULA if You are a person who is either barred or otherwise legally prohibited from receiving or using Newesome Platform under the laws of the country in which You are resident or from which You access or use Newesome Platform.

1.5 You may use the Newesome Platform and the Content only in geographic locations where we offer our service and have licensed such Content. The Content that may be available to watch will vary by geographic location and will change from time to time. This EULA shall only be applicable to You, to the extent, You use original equipment manufacturer’s device within the geographical limits of the country where Your original equipment manufacturer’s device is officially meant to be sold.

2. ACKNOWLEDGEMENTS

You agree and acknowledge that:

2.1 The Newesome Platform includes Third Party Content, advertising information or promotional material (“Ad-Content”) and it is hereby clarified that Newesome is not responsible or liable for any Third Party Content and/or Ad-Content, the intellectual property and other proprietary rights in the Third Party Content and/or Ad-Content. Newesome is not responsible for the accuracy of any Content which may be accessed by You and Your use of the Newesome Platform, the Ad-Content and the Content, including Your election to view, interact with or action upon the same is at Your sole risk and discretion.Newesome does not take warranty and guarantee for the product photos, product description, colour, information or other content mentioned on the website of the Third Party

2.2 You will need to make Your own independent judgment regarding Your (i) direct interaction with any third-party landing pages/ websites/ applications where Newesome redirects You; or (ii) Your participation in promotions or interaction with Ad-Content of any advertisers on the Newesome Platform. We assume no liability for the same and Your correspondence or business dealings with, or participation in promotions of advertisers found on Newesome Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties, guarantees or representations,product defect, manufactural side-effects,cancellation / refunds / returns associated with such dealings, shall be solely between You and such third party. We urge you to refer and review the terms of use, warranties and license agreements of such third-party promotions, sponsors, advertisers, websites, applications and other landing pages that you interact with.

2.3 Newesome attempts to be as accurate as possible in the description of the product / brand on the platform.Newesome is restricted to be a brand discovery platform and the user experience is only limited to our website. For the avoidance of any doubt, it is clarified that Newesome does not maintain any inventory of the brands listed on the platform.

2.4 Newesome reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time on Newesome’s platform without prior notice. 

2.5 Where applicable, Newesome attributes Content to the relevant Third Party Content provider/ licensor. If you believe the Content infringes the intellectual property or other proprietary rights, please contact the third-party Content provider.

2.6 Mobile internet transmissions are never completely private or secure and the transmission of Content and Your use of the Newesome Platform maybe affected, interrupted or disrupted for reasons beyond Newesome’s reasonable control. Any message or information You send using Newesome Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

2.7 For Newesome Platform to provide optimum End User experience, we may collect and/or obtain certain End User information (including device-related information, IP address, location data etc.). All such End User information shall be collected, used and processed in accordance with the provisions of the Privacy Policy. The Privacy Policy explains how we collect, use and share Your data when You use Newesome Platform.

3. OWNERSHIP AND GRANT OF LICENCE

3.1 You acknowledge that (i) all rights, title and interest including without limitations the intellectual property rights in the Newesome Platform, software, and Content used within and along with it anywhere in the world belong to us and/or our licensors and/or our content providers, (ii) rights in the Newesome Platform is licensed (not sold) to You and You have no rights in, or to, the Newesome Platform other than the right to use the Newesome Platform in strict conformity with the terms of this EULA.

3.2 In consideration of You agreeing to abide by the terms of this EULA, we grant You a revocable, non-sub-licensable, non-transferable, non-exclusive limited right and license to access and use the Newesome Platform in object code only, subject to terms of this EULA and other terms incorporated by reference. We hereby expressly reserve all other rights, title and interest in the Newesome Platform and the Content.

3.3 You agree that the Newesome Platform and the Content viewed through the Newesome Platform is solely for your personal use only.

4. LICENSE AND CONTENT RESTRICTIONS

LICENSE RESTRICTIONS

4.1 Except as expressly set out in this EULA, You agree:

(a) not to copy the Newesome Platform (including its specific design, user interface) except where such copying is incidental to normal use of Newesome Platform, or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Newesome Platform;

(c) not to make alterations to, or modifications of, the whole or any part of Newesome Platform, or permit the Newesome Platform or any part of it to be combined with, or become incorporated in, any other programs including any root software;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Newesome Platform or attempt to do any such thing.

(e) not to provide or otherwise make available the Newesome Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(f) to comply with all technology control or export laws and regulations that apply to the technologies used or supported by Newesome Platform in Your use of the Platform.

 

CONTENT RESTRICTIONS

4.2 You may not

(a) use Content in an obscene, pornographic, defamatory, disparaging, infringing or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;

(b) Unless expressly permitted pursuant to Newesome Platform, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose;

(c) share, aggregate, re-distribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale or use the Content and/or Ad-Content displayed on Newesome Platform (unless You are specifically permitted by way of a ‘Share’ or ‘Copy’ button); and/or

(d) re-order, modify, edit obscure or truncate in anyway the Content. Ad-Content or Newesome Platform.

5. ACCEPTABLE USE RESTRICTIONS

You must:

5.1 not use the Newesome Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Newesome Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of Newesome Platform;

5.2 not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of Newesome Platform or any service associated (to the extent that such use is not licensed by this EULA);

5.3 not use the Newesome Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

5.4 not collect or harvest any information or data obtained from any Newesome Platform or our systems or attempt to decipher any transmissions to or from the servers running any service for the Newesome Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.

6. TRADEMARKS AND COPYRIGHTS

Newesome, the Newesome logo and other Newesome trademarks, service marks, graphics, and logos used in connection with the Newesome Platform are trademarks or registered trademarks of Newesome and/or its affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the Newesome Platform and/or the Content is the copyright of Newesome and/or its licensors and content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. The unauthorized copying, modification, use, or publication of the Newesome Platform, Content, and these marks is strictly prohibited. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.

7. LIMITED WARRANTY AND DISCLAIMER

7.1 Any implied warranties including those prescribed by statute are expressly disclaimed.

7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NEWESOME PLATFORM IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. NEWESOME, NEWESOME’S LICENSORS,  DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEWESOME, NEWESOME’S LICENSORS, AFFILIATES. DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE NEWESOME PLATFORM; WILL MEET YOUR REQUIREMENTS; THAT THE NEWESOME PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE NEWESOME PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE NEWESOME PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY NEWESOME, ITS AFFILIATES NEWESOME’S LICENSORS  OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8. LIMITATION OF LIABILITY

8.1 IN NO EVENT WILL NEWESOME, ITS AFFILIATES AND/OR LICENSORS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE NEWESOME PLATFORM, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT NEWESOME, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEWESOME’S, ITS AFFILIATES’ AND/OR ITS LICENSORS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT OF TWENTY THOUSAND INDIAN RUPEES. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

8.2 Nothing in this EULA shall limit or exclude our liability for:

(a) death or personal injury resulting from our gross negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability that cannot be excluded or limited by applicable laws.

9. TERMINATION

9.1 This EULA will terminate automatically if you fail to or Newesome suspects that you have failed to comply with its terms and conditions. In such event, Your Newesome Platform may be disabled and You must cease using the Glance Platform, the Content and other materials comprising the Newesome Platform. Newesome reserves the right, without liability, to change, suspend, remove, disable or terminate access to the Newesome Platform, Content and other materials comprising the Newesome Platform or certain areas or features of the Newesome Platform, at any time for any reason (including without limitation to protect our interests, on account of investigation for a suspected violation of this EULA or as a result of us finding that a violation of this EULA has occurred), with or without notice. Newesome further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the Newesome Platform, the Content and materials comprising the Newesome platform and/or its features, or any part thereof, without prior notice provided however that Newesome will comply with all applicable privacy laws in implementing such changes.

 

 

10. INDEMNITY

You hereby agree to defend, indemnify and hold harmless Newesome, its Affiliates, licensors, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Newesome Platform, Content and any materials comprising the Newesome Platform; (ii) Your violation of any term of this EULA; (iii) Your violation of any third party rights. This defense and indemnification obligation will survive this EULA and Your use of the Newesome Platform.

11. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and (b) we will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

12. OTHER IMPORTANT TERMS

12.1 MISCELLANEOUS: This EULA and the Privacy Policy represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Newesome reserves the right, at its discretion, to change, modify, add or remove portions of this EULA provided that in case of any material changes which impacts the rights and obligations of the End User, Newesome shall attempt to notify the End User of such material changes and shall post the updated material terms on this page. The date the EULA was last revised is identified at the top of the page. Subject to requirements of express consent under any applicable data privacy laws which we comply with, Your continued use of the Newesome Platform after we make changes is deemed to be acceptance of those changes, so please check the applicable EULA and/or policy(ies) periodically for updates. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

12.2 GOVERNING LAW AND DISPUTE RESOLUTION: Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, this EULA, its subject matter and its formation, are governed by Indian law. You and we both agree that the courts of India will have non-exclusive jurisdiction.

12.3 CONTACT INFORMATION AND GRIEVANCE OFFICER:

(a) Customer Support: Any enquiries You may have about Our service and features or if You need assistance with the Newesome Platform, You may write to Us at support@newesome.com

(c) Reporting Objectionable Content to Grievance Officer: If you see something objectionable, offensive, or adversely affects you or your community, you can report it to our Grievance Officer at support@newesome.com with the relevant details of your complaint/ concern.

Please keep in mind that mere reporting to the Company doesn’t guarantee that certain content will be removed from the Newesome Platform, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.

12.4 ORDER OF PREVALENCE: Subject to applicable laws, the English language version of this EULA will prevail over any other language version issued by us for your benefit.