THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE APPLICATION.
Terms of Use (“Terms”) of EzeeMoney, developed by PredictiVu Pvt. Ltd. incorporated in accordance with the laws of India, with its registered office at 17, Okhla Industrial Estate Phase 3 Rd, Okhla Phase III, Okhla Industrial Estate, New Delhi, Delhi 110020 (“EzeeMoney” or “We” or “Our” or “Us”).
By downloading, registering, and/or using the EzeeMoney application (the "Application"), you agree to be bound by these Terms. Your agreement with us includes these Terms and the Privacy Policy available at www.ezeemoney.app/privacy-policy (collectively “Agreement”).
PLEASE NOTE THAT THIS APPLICATION IS FOR USERS IN THE TERRITORY OF INDIA ALONE. IF YOU ARE NOT IN THE TERRITORY OF INDIA, PLEASE DO NOT DOWNLOAD, REGISTER, OR USE THE APPLICATION.
DEFINITIONS
“Application” shall mean the EzeeMoney Application made available for Android on the google play store.
“Member Account” shall mean the account created by the User by downloading, providing the requested permissions, and registering on the Application. The Member Account shall be maintained by EzeeMoney.
“Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
“User(s)” or “You” or “Your” is any person registering on or using the Application.
“Panel Member” refers to Users who voluntarily agree to be a member of the EzeeMoney audience measurement panel by registering on the Application.
“Incentive” refers to rewards offered on the sole discretion of EzeeMoney to Users for downloading, installing, and registering on the Application, and for continued usage of the Application.
“Usage Data” refers to the duration of usage and details of usage of relevant applications that are installed on the user's device.
PARTIES TO THIS AGREEMENT
These Terms describe a contractual agreement between You and EzeeMoney regarding Your use of the Application. EzeeMoney has the right to refuse registration, suspend, or terminate Your Member Account or access to the Application at its sole discretion, for any reason or no reason at all. Without limiting the generality of the foregoing, You specifically acknowledge that EzeeMoney has the right to terminate or suspend Your Member Account and/or prevent Your access to the Application if EzeeMoney determines, in its sole discretion, that You have violated EzeeMoney's policies or shared false and/or misleading information.
ELIGIBILITY CRITERIA
Users must be 18 (eighteen) years of age and residents of India to be eligible to use the Application. By agreeing to these Terms, You represent and warrant that You meet the eligibility criteria. If You are below 18 (eighteen) years of age, Your access to the Application must be permitted by Your parent or legal guardian.
GENERAL DISCLAIMER
By using the Application, You agree that You meet the eligibility criteria as detailed in Section 3 above and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.
No joint venture, partnership, employment, or agency relationship exists between You and EzeeMoney as a result of this Agreement or Your use of the Application. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
You agree that You shall not access the Application by any means other than through the interfaces that are provided by Us.
You agree that You shall not acquire, download, copy, or monitor any portion of the Application in any way to reproduce or circumvent the navigational structure or presentation of the Application, or to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Application.
You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure, or inner workings (including algorithms and source code) of the Application, or any other software, products, models, prototypes, or other items provided by Us.
You agree that You shall not use any deep link, robot, spider, or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download,copy, or monitor the Application or any part thereof, or obtain any content through means not specifically made available through the Application.
You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law.
TERMS
Upon installing and downloading the Application, specific permissions will be sought from You, and You will be asked to register on the Application and create a Member Account.
For registration and creation of a Member Account on the Application, You voluntarily agree to:
Provide truthful information, including Your age, gender, and relevant contact details, as requested by the Application.
Allow EzeeMoney to access the list of applications installed on Your device from time to time.
Allow EzeeMoney to access Your media and other applications' usage behavior for the period that You continue using the Application.
Allow EzeeMoney to use and integrate Your application list and Your applications' usage behavior data with other user data for research purposes, including audience measurement.
Allow EzeeMoney to use Your application list and application usage data to be uploaded to a Data Management Platform (DMP) for third-party advertising purposes.
You agree that the Application will seek permission for and capture the make and model of the device on which the Application is installed.
You agree that the Application will seek permission and access Your device's location from time to time.
You agree that transferring data to EzeeMoney's backend from the Application may use data connectivity from Your device, either cellular or Wi-Fi, depending on Your data settings. This will be a minimum in quantum and will be part of Your data plan/Wi-Fi plan usage.
By ticking the box during registration, You agree to allow EzeeMoney to contact You on Your mobile number for various activities, including surveys, incentive payments, notifications, and promotional activities.
The Application may prompt You to respond to survey questions related to the Application or research. Participation in these surveys is voluntary; however, You may be incentivized for answering the survey questions in accordance with Section 8 of these Terms. You agree to grant EzeeMoney a waiver to access and utilize all information provided by You as responses to survey questions.
You understand that EzeeMoney will be using the data collected by the Application and provided by You for the purpose of generating insights on audience measurement and utilizing a Data Management Platform for third-party advertising purposes. The responses provided by You voluntarily for surveys may also be analyzed and commercially used.
All information provided by You and data collected from Your device will be anonymized and utilized at an aggregated level in summary reports and analyses as EzeeMoney sees fit.
UNAUTHORIZED USE
You agree not to:Send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, without limitation, spyware.
Use this Application for any purpose other than in accordance with the terms of this Agreement.
USER INFORMATION
EzeeMoney's collection and use of Personal Information will be limited to research purposes only and will be governed by the terms of EzeeMoney's Privacy Policy available at www.ezeemoney.app/privacy-policy and all applicable laws.
INCENTIVE PROGRAM
EzeeMoney may, in its sole discretion, incentivize You with suitable token rewards, such as redeemable vouchers, discount coupons, rewards in other forms, or deposits in wallets from time to time, in accordance with the terms of this Section 8.
All incentives awarded to You or a Panel Member will be added to the rewards section of Your Member Account.
Third-party intermediaries may incentivize You at their sole discretion, in cash or any other form, as they deem fit from time to time, which may be claimed by You in the manner specified by the intermediary at the time of providing the incentive.
Incentives may be provided based on milestone events, such as installing the Application, allowing EzeeMoney to analyze Your media and applications' usage behavior, or Your continued usage of the Application for a considerable time period, or other instances as EzeeMoney deems fit from time to time.
Incentives may also be offered for participation in surveys. EzeeMoney may offer You the opportunity to participate in surveys as part of the research or Application development. You may be incentivized for Your honest and complete responses to the surveys, subject to compliance with the terms of this Agreement. EzeeMoney reserves the right to terminate or cease offering incentives or rewards under this Section 8 at its sole discretion, at any time without prior notice.
TERMINATION
EzeeMoney reserves the right to suspend or terminate Your access to the Application at its sole discretion. If You are dissatisfied with the Application, Your sole remedy is to discontinue using the Application by uninstalling it.
INTELLECTUAL PROPERTY
EzeeMoney reserves all rights to the Application, including rights in all information provided by You or collected by EzeeMoney in accordance with the terms of Section 5 above. By using the Application, You grant EzeeMoney an irrevocable license to access and use all such information in accordance with the terms of this Agreement, for the duration of Your usage of the Application.
EzeeMoney's trade name, logotype, measurement data, and all related trademarks, product and/or service names, and slogans used in the Application are the property of EzeeMoney and shall not be used in any manner without prior written approval by EzeeMoney. Your use of the Application shall not be construed as the grant of any license or right to use any trademarks or names appearing on the Application.
Panel Members shall not use the EzeeMoney name or logo, or the program name, in such a way as to constitute an endorsement of any party, product, service, or sponsor.
You shall notify EzeeMoney if You become aware of any actual or suspected distribution or exploitation of measurement data. Measurement data and other similar credentials shall not be shared with unauthorized individuals or organizations.
LIMITATION OF LIABILITY AND LIABILITY DISCLAIMER
In no event, including but not limited to negligence, shall EzeeMoney or any of its directors, officers, employees, agents, or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Application or the content, materials, and functions related thereto. In no event shall the Protected Entities be liable for:
Any defects in or malfunction of the Application.
Any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Application.
Any unauthorized access to or alteration of Your transmissions or data.
Any other claims arising out of Your use/non-usage of the Application.
Non-payment of rewards or Your inability to access the rewards as detailed under Section 8.
EzeeMoney exempts itself from any claims for damages relating to the Application access, function, quality, possible errors such as spelling errors, bugs, and other factors relating to the Application.
EzeeMoney shall not be liable for any indirect or unforeseeable damages caused to You under any given circumstances.
APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by the laws of India.You agree that EzeeMoney is solely based in India, and nothing shall give rise to personal jurisdiction over EzeeMoney in jurisdictions other than Delhi, India. You shall not raise any claims against EzeeMoney in any court or forum in any jurisdiction other than Delhi, India.
Any claim or dispute between You and EzeeMoney shall be raised within 30 (thirty) days of the dispute arising and will be entertained and tried solely and exclusively by a court of competent jurisdiction located in Delhi, India, and no other place whatsoever.
WAIVER
No provision of the Agreement shall be deemed to be waived, and no breach excused unless such waiver or consent shall be in writing and signed by EzeeMoney. Any consent by EzeeMoney to, or a waiver by EzeeMoney of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
Grievance Redressal:
Any complaints or concerns regarding any content on the Application or any breach of these Terms or Agreement can be directed to the designated Grievance Officer in writing through an email signed with the electronic signature sent to info@predictivu.com