Terms of Service

This yoUR B!noculars App is operated and maintained by GrapeCity India Pvt. Ltd. ("GrapeCity"), having its software development centre at A-15, Sector 62, Noida, Uttar Pradesh - 201307. The educational content and materials made available through yoUR B!noculars App are owned by Make1.Waymaker ("Make1"), having its address at A 6/26, Swami Dayanand Marg, Krishna Nagar East, New Delhi, East Delhi, Delhi – 110051, unless otherwise stated.

By accessing or using this App, you agree to abide by the Terms and Conditions described below. We have created these rules and guidelines to protect you and to ensure that yoUR B!noculars App is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the Terms and Conditions below, please do not access or use this App.

Legal Notice and Disclaimer

GrapeCity obtains all information, software and other materials contained herein from sources believed by GrapeCity to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, GrapeCity shall not be held responsible for any errors or omissions in the information, software and other materials available through yoUR B!noculars App.

GrapeCity makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, software and other materials that are available to the user through yoUR B!noculars App. GrapeCity may change any information and/or software on the App from time to time. The information and software on this App are provided "as is" without express or implied warranties of any kind.

GrapeCity expressly disclaims all warranties with regard to the information and/or software, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose. In no event shall GrapeCity be liable for any special, incidental, indirect, or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, software and other materials available through yoUR B!noculars App. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These Terms may only be amended in writing, must be signed by GrapeCity's authorized representatives, and shall be governed by the laws of India.

Data Processing & Hosting

By accessing or using yoUR B!noculars app, you acknowledge and agree that your account information, usage data, and technical logs are hosted, processed, and maintained on infrastructure provided and operated by GrapeCity. Technical support, server security, and database maintenance are administered by GrapeCity in accordance with our Privacy Policy.

Links to Third-Party Sites

The links to third parties contained within yoUR B!noculars App may allow you to leave the App and access third-party websites or services. Such third-party websites or services are not under the control of GrapeCity. GrapeCity is not, and shall not be, held responsible for the contents, privacy practices, or any other aspect of any linked website or service, or of any link contained in such website or service. GrapeCity provides these links only as a convenience to you, the user of the App; and the inclusion of any link to a third-party website or service does not, and shall not, imply in any way GrapeCity’s endorsement, affiliation, sponsorship, or approval of the linked website or service.

Acceptance of Terms

These Terms and Conditions govern your use of yoUR B!noculars App and all services provided in connection with the App. GrapeCity shall not be liable for any breach of these Terms and Conditions except to the extent required by applicable law. In addition, GrapeCity does not assume any fiduciary duty or responsibility to any user of the App.

If you do not agree to these Terms and Conditions, please do not access or register on yoUR B!noculars App. The applicable Terms and Conditions governing your continued use of the App will be made available through the App. Please check this section before using the App to determine whether any changes have been made to these Terms and Conditions.

If you do not agree to any changes to these Terms and Conditions as they may occur from time to time, please discontinue your use of yoUR B!noculars App and, where applicable, terminate your registration with the App by notifying GrapeCity of your unwillingness to accept the changes. Your continued use of the App after such changes are made available shall be construed as, and shall constitute, your acceptance of the revised Terms and Conditions.

From time to time, GrapeCity may supplement these Terms and Conditions with additional terms pertaining to specific content, features, services, or events ("Additional Terms"). Such Additional Terms may be made available through yoUR B!noculars App in connection with the relevant content, features, services, or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms and Conditions.

Collection of Personal Information

When you engage in certain activities on yoUR B!noculars App, such as purchasing or accessing services or using other features of the App, GrapeCity may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, GrapeCity may require that you provide certain personal information such as your name, mailing address, e-mail address, and other personal identifying information. When purchasing services through the App, you may be asked to provide payment or billing information. Your personal information will not be leased, sold, rented, or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Where applicable, billing and payment for services provided through yoUR B!noculars App may be handled by Make1 in accordance with the applicable arrangements between Make1 and GrapeCity. Make1 may also be responsible for providing the relevant services to end users. All personal information collected through yoUR B!noculars App will be handled and protected in accordance with applicable data protection and privacy laws, including the Digital Personal Data Protection Act, 2023 and the rules made thereunder, as applicable.

GrapeCity collects this information in order to record and support your participation in the activities you select. If you purchase or access a service, for example, the information is used to register and manage your account and access to the relevant services, and to provide technical support or other benefits that may be made available to registered users. GrapeCity also uses the information that you provide as part of our effort to keep you informed about yoUR B!noculars products and services. Such communications will be made in accordance with applicable data protection and privacy laws and your applicable preferences or choices. Notwithstanding other provisions contained herein to the contrary, you hereby agree that GrapeCity may assign, license, or otherwise transfer to a third party, your name, address, email address, member name, and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of GrapeCity or its affiliated entities. Any such transfer or disclosure will be carried out in accordance with applicable data protection and privacy laws.

Your personally identifying information will not be used by GrapeCity for editorial purposes unless you first agree in writing. GrapeCity may also use such information for GrapeCity promotional and marketing purposes. GrapeCity respects your privacy. We recognize and appreciate the importance of responsible use of this information and realize that not everyone likes to receive special offers or information about yoUR B!noculars products and services.

If you would like to have your name deactivated from GrapeCity's lists, or if you would like to unsubscribe from GrapeCity's e-mail bulletins, please contact our Data Protection Officer at dpo.india@grapecity.com.

You should be aware that when you voluntarily disclose personal information (e.g., username, e-mail address, physical address, etc.) publicly through any public area or feature of yoUR B!noculars App, where such a feature is made available, that information can be viewed and used by others and may result in unsolicited messages from other users or parties.

For a detailed description of the data collected by GrapeCity, its use, and your control over it, please see yoUR B!noculars Privacy Policy.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify GrapeCity immediately of any unauthorized use of your account or any other breach of security. GrapeCity will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by GrapeCity or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.

Use of Cookies

When you use yoUR B!noculars App, you can access important information without revealing your identity. In order to analyze and improve our App, we may use "cookies" or similar technologies to track your use of the App. A cookie is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, allowing you to decide whether or not to accept it. While GrapeCity uses cookies or similar technologies to track your use of the App, and our Web servers automatically log the IP/Internet address of your computer or device, such information may constitute personal data under applicable law depending on the circumstances, and you remain anonymous unless you have otherwise provided GrapeCity with personal information.

Please note that GrapeCity is not responsible for the content or privacy practices of third-party websites or services to which yoUR B!noculars App may link. Users may contact our Data Protection Officer at dpo.india@grapecity.com with any further questions.

For a complete list, detailed descriptions, and directions regarding the removal of cookies or similar technologies used in connection with yoUR B!noculars App, please see yoUR B!noculars Cookie Policy.

Content of Messages

You agree not to use yoUR B!noculars App to send or post on message boards or any place on yoUR B!noculars App, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. GrapeCity reserves the right to delete any such material from yoUR B!noculars App. GrapeCity will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms and Conditions contained in this Section.

You agree not to post or use yoUR B!noculars App to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs, or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

The content made available through yoUR B!noculars is owned by Make1.Waymaker ("Make1"), unless otherwise stated.

You acknowledge that (i) GrapeCity allows you access to content, including content owned by Make1, that is protected by copyright, trademark, and other intellectual and proprietary rights ("Rights"); (ii) these Rights are enforceable and protected in all media and technologies whether now existing or subsequently developed; and (iii) except as explicitly provided to the contrary, these Terms and Conditions and the applicable copyright, trademark and other laws govern your use of such content. You may not post to yoUR B!noculars App, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to the Rights. The burden of determining that Rights do not protect any information, software, images, or any other content on yoUR B!noculars App rests with you. You acknowledge that GrapeCity may acquire Rights to use any posted materials as described below and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of yoUR B!noculars App, including message boards, forums, contests, and/or chat rooms, you grant GrapeCity and its affiliates a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to the extent permitted by applicable law to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or subsequently developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and has effectively and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on yoUR B!noculars App retains any and all Rights that may exist in such content.

Errors on Our Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected when and where discovered, and GrapeCity reserves the right to correct any errors, inaccuracies, or omissions and, where applicable, revoke any stated offer, including after an order has been submitted and whether or not the order has been confirmed and your payment has been processed.

If your payment has already been processed for the purchase and your order is canceled, any applicable refund will be processed in accordance with the applicable refund policy and the payment and billing arrangements between you and Make1. Individual bank or payment service provider policies will dictate when the refunded amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the applicable Return and Refund Policy.

Third-Party Services

Special routing icons may be included within yoUR B!noculars App , the activation of which will allow you to access and learn more about services provided by GrapeCity, its affiliates or other third parties, whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.

Disclaimer of Warranties

You expressly agree that the use of yoUR B!noculars app is at your sole risk. yoUR B!noculars app is provided on an "as is" and "as available" basis. GrapeCity expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. GrapeCity makes no warranty that yoUR B!noculars app will meet your requirements, or that yoUR B!noculars app will be uninterrupted, timely, secure, or error-free; nor does GrapeCity make any warranty as to the results that may be obtained from the use of yoUR B!noculars app. GrapeCity will not be liable for any direct, consequential, or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of yoUR B!noculars app.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of yoUR B!noculars app is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

you understand and agree that GrapeCity does not guarantee the accuracy or completeness of any information in or provided in connection with yoUR B!noculars app. GrapeCity is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither GrapeCity nor its members, while such members are participating in yoUR B!noculars app, are engaged in rendering legal, business, investing, counseling, or other advisory services. GrapeCity encourages you to seek appropriate professional advice or care for any situation or problem that you may have. GrapeCity shall not be responsible for any loss or damage caused or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in this service area. Your participation in yoUR B!noculars app is entirely at your own risk. No advice or information, whether oral or written, obtained by you from GrapeCity or through yoUR B!noculars app shall create any warranty not expressly made herein.

GrapeCity makes no warranty regarding any goods or services purchased or obtained through yoUR B!noculars app or any transactions entered into through yoUR B!noculars app.

GrapeCity is not responsible for the content on the internet or worldwide web pages that reside or are posted outside yoUR B!noculars app. As a convenience to yoUR B!noculars app users, GrapeCity may provide links to third-party sites and to resources that are beyond GrapeCity's control. GrapeCity makes no representations as to the quality, suitability, functionality, or legality of any sites to which GrapeCity may provide links, and you hereby waive any claim you might have against GrapeCity with respect to such sites

Limitation of Liability

To the maximum extent permissible by applicable law, GrapeCity shall not be liable for any direct, indirect, incidental, special, or consequential damages, resulting from the use or the inability to use yoUR B!noculars app or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through yoUR B!noculars app or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangibles, even if GrapeCity has been advised of the possibility of such damages.

Promotional Messages

GrapeCity may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. GrapeCity makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained through yoUR B!noculars App, and you agree that GrapeCity shall not be liable to you in connection with such messages.

Indemnification

You agree to indemnify and hold each officer and/or employee of GrapeCity, its parent companies, subsidiaries, and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of yoUR B!noculars App, the violation of these Terms and Conditions by you, or the infringement by you, or any other user of your account, where applicable, of any intellectual property or other rights of any person or entity.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the courts having jurisdiction over the location of GrapeCity's principal place of business in India. In any action or proceeding to enforce rights under these Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys' fees.

Remedies for Breach of these Terms by You

In the event that GrapeCity determines, at its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the community of yoUR B!noculars App, GrapeCity reserves the right to (i) warn you via e-mail that you have violated these Terms and Conditions; (ii) delete any content provided by you or your agent(s) to yoUR B!noculars App; (iii) discontinue your registration with yoUR B!noculars App and/or any other GrapeCity community; (iv) notify and/or send Content to and/or fully cooperate with the appropriate law enforcement authorities for further action; and/or (v) take any other action that GrapeCity deems appropriate, subject to applicable law.

Miscellaneous information

In the event that any provision of the Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

GrapeCity may assign, without notice and subject to the applicable law, its rights and obligations under these Terms and Conditions and upon such assignment, GrapeCity may be relieved of any further obligation hereunder.

You represent to GrapeCity that you have the authority to register with yoUR B!noculars App according to these Terms and Conditions. These Terms and Conditions and any Additional Terms (as such terms shall be identified when posted on yoUR B!noculars App by GrapeCity) constitute the entire understanding between the parties as to the subject matter herein and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms and Conditions will, at the election of GrapeCity, be deleted or modified to correct the defect and, regardless, the remainder of the Terms and Conditions will remain valid and enforceable.

GrapeCity reserves the right to charge fees, surcharges, and/or membership fees from time to time, subject to applicable law and any notice requirements applicable to such changes.

CONTACT INFORMATION

Attn: Data Protection Officer

A-15, Sector 62, Noida, Uttar Pradesh, 201307, India

E-mail: dpo.india@grapecity.com