In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
- The Indigo Mobile App (hereinafter referred to as “Application”or “App” ) is owned by India Radio Ventures Private Limited having office at N A Chambers,#3J, 7th C Main, 3rd Cross Koramangala, 3rd block, Bangalore 560 034,, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
2. About the App
Indigo is a platform that blends Media, Social, Mobility & Analytics to create social venues and networks for music lovers and partners. Indigo Mobile App allows the listeners and customer to engage
The Indigo Mobile App consists of:
- i. The Indigo Mobile app (iOS/Android) which lets people to
- See what’s currently playing in the venue/radio station
- Like, Share, Dedicate, Request for songs
- View Song information
- Have discussions around shows, events, songs with other users and hosts of the venues.
- Participate in competition, quiz, polls hosted by the venues.
- View Show/Program/Menu guide of the venue
- View Show/Program/Menu guide of the venue
ii. The Indigo Desktop (Mac/Windows) integrates with the iTunes music player. It enables the non broadcast venues to publish a playlist from iTunes on to Indigo Cloud. This allows the listeners of a venue to check in and vote for their songs in the playlist. The desktop will in real time keep checking this dynamic playlist to play the most popular song at any given time;
- iii. The Indigo Admin Panel – This is a web based admin panel for the clients/ venues to
- Setup Venues/ Programs/ Ads/ Contests/ Offers
- Collaborate with online users at the venue.
- View Reports & Dashboards
This Agreement shall continue to be in full force and effect as long as you access and use the App.
Either You or We may terminate the agreement at any time, with or without cause. However, We reserve the right, in our sole discretion, to terminate your access to the App or any portion thereof at any time, without notice.
To fully avail the services of the Application and use it, you must create an account with Indigo either by providing your email address or log in using your facebook account.
Membership to this App is not available to those “Incompetent to Contract” under the Indian law. At any time during your use of this Application, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of your username and password, and any activity under the account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we have the right to permanently suspend your membership of the App.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
The downloading and installing of this Application is free of cost. But certain services including but not limited to placing advertisements within the Application by Users and use of certain features of the Application provided by Third Parties may be subject to a charge upon it. However, We reserve the right to amend this no-fee policy and charge Users for downloading and installing the Application. In the event of such change in policy, Users shall be intimated of the same via email and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
The Application may seek Full Network Access and View Network Connections , View Location, USB Storage Access permissions from the device on to which the Application is downloaded.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Application, including but not limited to downloading and installation of the Application or any music by the User.
8. User’s Obligations
The user undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives us the right to permanently suspend your account and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us.
- 7.1 You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date. 7.2 You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation to, any usage rules set forth in this Agreement. 7.3 You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
- access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface that is provided by the Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application is prohibited. You acknowledge and agree that by accessing or using the Application or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application. Further, You may report such offensive content;
- use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party’s use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
- use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
- abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- engage in any activity that interferes with or disrupts access to the Application or the Services (or the servers and networks which are connected to the Application);
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application or another’s mobile phone;
- download any file posted in the Application that you know, or reasonably should know, cannot be legally distributed in such manner;
- probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Application, or exploit the Application or Service or information made available or offered by or through the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Application;
- disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, servers or networks connected to or accessible through the Application or any affiliated or linked applications;
- violate any applicable laws or regulations for the time being in force within or outside your home country;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- disseminate information through the Application that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force in or outside your home country.
From time to time, the Application may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
10. Actions Undertaken by the Application on Your Device:
Upon download and installation of the Application, You grant the following permissions to Indigo Mobile App to perform the following actions on the device You have installed the Application in.
- To read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage;
- To access the model number, IMEI number and details about the operating system of the device the Application has been installed on
- To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
- Where a user logs in through face book, to access and share song requests made by the users;
- To access and change the display and sound settings of the device the Application has been installed in.
- All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application, not to insert any code or product or manipulate the content of the Application in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
12. Copyright Complaints
- We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Application, please email us at email@example.com
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Applications, to include the information in a searchable format accessible by users of the Application and other affiliated Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
13. Geographical Extent
- The Application can be used world-wide. We make no representation that materials or Content available through our Application is appropriate or available for use in your country.
- You are solely responsible for compliance with necessary laws and regulations for use of the Application in your home country.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Application. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
- Indigo has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed.
- Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Application. You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to defend, indemnify and hold harmless us, our employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon:
- Your use or any Third Party’s use via Your account of the Service provided by the Application and its Content;
- Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
- Your actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of your infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
16. Limitation of Liability
In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services provided through the App; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the App or Service. Neither shall we be responsible for the delay or inability to use the App or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the App is done entirely at their own discretion and risk and they will be solely responsible for any damage to their devices or loss of data that results from the download of such material and/or data.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
17. Disputes Arising Out of This Agreement
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
15.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
15.2 Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Chennai, Tamil Nadu, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of England. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Chennai, Tamil Nadu, India, and You hereby submit to the personal jurisdiction of such courts.
- We assume no liability or responsibility for damage or injury to persons or property arising from any service provided by the App or any information, idea, or instruction contained on the App or in any materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this service and App. We are no way liable for the misuse of our App or service by you.
- The materials appearing on our App could include technical, typographical, or photographic errors. We does not warrant that any of the materials on its web site are accurate, complete, or current. We may make changes to the materials contained on its web site at any time as and when appropriate, without any notice.
We welcome your suggestions and comments regarding your experience using our App. Any comments, ideas, suggestions, initiation, or any other content you contribute to this App (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by us will not infringe upon or violate the rights of any third party.
21. Miscellaneous Provisions:
- Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.