Please carefully read these terms and conditions (“Terms of Service”) for download, installation, display and use of the mobile application before you download, install, display or use the Application.
1. Terms of Service
By using the Leadwinner website, we cater services of LEADWINNER CORP, you as an authorized person of the organization are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Leadwinner Corp reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://www.leadwinner.com/payment/ Violation of any of the terms below will result in the termination of your Account. While Leadwinner prohibits such conduct and content on the service, you understand and agree that Leadwinner cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Customer agrees to provide LEADWINNER CORP in writing with billing and contact information as LEADWINNER CORP may reasonably require, including Customer’s legal company name, street address, email address, and name and telephone number of an authorized billing contact, as well as the name, User name and password of the Customer Representative. Customer agrees to update this information promptly by means of email to email@example.com and in any case within 15 days, if there is any change.
2. Appropriate Use of the Mobile Application and Cloud Services
2.1 Use of Mobile Application
The Application is currently available to mobile devices running the Apple iOS or Android OS. To access the Application you must have a mobile device with paid access to a mobile phone provider. To host your application on apple store or Google play store your organization must bare costs.
2.2 Limitations of Use
(a) use the Application in accordance with these Terms of Service :
(i) not copy, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Application in any way whatsoever other than with Leadwinner Corp (ii) not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Application (iii) not use the Application in any way that could damage, disable, overburden, impair or compromise the Application; and (iv) comply with any applicable law and regulation relating to downloading or technology used or supported by the Application.
2.3 Push and email notifications
(a) As part of installation of the Application on your mobile device, the Application will ask if you would like it to send you “Push Notifications”, which may include alerts, badges, banners and sounds, on your mobile device. If you choose to allow Push Notifications then the Application will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of these Push Notifications.
(b) You agree to us sending to you communications via email (“Email Notifications”). You acknowledge and agree that receipt of Email Notifications is dependent on the operation of your mobile device provider and the service of the mobile device provider. We will not be responsible or liable for any costs or damages incurred by you not receiving Email Notifications or by the insufficient operation of your mobile device, mobile network and Mobile Phone Company.
(c) You may opt out of receiving Email Notifications at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of Email Notifications.
2.4 Storage, security & processing of cloud services
(a) We strive to ensure the security, integrity and privacy of personal information submitted to our mobile app, mobile site & dynamic website and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. However, we will endeavor to take reasonable steps to protect the personal information you may transmit to us from our products and services or otherwise collected by us. Once we do receive your transmission, we will also use reasonable endeavors to ensure its security on our systems.
(b) In addition, our employees who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we are not responsible for events arising from unauthorised access to your personal information.
(c) Transfer of personal information outside India, personal information submitted by your customers and visitors to our products may be held on servers located in India. The purposes of transfer of data outside of India are the secure storage, back-up and retrieval of data. Leadwinner Corp has implemented policies and procedures to safeguard the secure storage and processing of data. When you provide us with your personal information you give us your consent to the transfer of personal information outside of India for the purposes described above.
Your organization is responsible for all activities that occur under customer’s user accounts. Your organization is responsible for maintaining the security and confidentiality of all User usernames and passwords. Customer agrees to notify LEADWINNER CORP immediately of any unauthorized use of any service username or password or account or any other known or suspected breach of security.
“Confidential Information” means non-public information, technical data or know-how of a party and/or its affiliates, which is furnished to the other party in written or tangible form in connection with this Agreement. Oral disclosure will also be deemed Confidential Information if it would reasonably be considered to be of a confidential nature or if it is confirmed at the time of disclosure to be confidential.
Notwithstanding the foregoing, Confidential Information does not include information which is: (i) already in the possession of the receiving party and not subject to a confidentiality obligation to the providing party; (ii) independently developed by the receiving party; (iii) publicly disclosed through no fault of the receiving party; (iv) rightfully received by the receiving party from a third party that is not under any obligation to keep such information confidential; (v) approved for release by written agreement with the disclosing party; or (vi) disclosed pursuant to the requirements of law, regulation, or court order, provided that the receiving party will promptly inform the providing party of any such requirement and cooperate with any attempt to procure a protective order or similar treatment.
Neither party will use the other party’s Confidential Information except as reasonably required for the performance of this Agreement. Each party will hold in confidence the other party’s Confidential Information by means that are no less restrictive than those used for its own confidential materials. Each party agrees not to disclose the other party’s Confidential Information to anyone other than its employees or subcontractors who are bound by confidentiality obligations and who need to know the same to perform such party’s obligations hereunder. [The confidentiality obligations set forth in this Section will survive for three (3) years after the termination or expiration of this Agreement.]
Upon termination or expiration of this Agreement, except as otherwise agreed in writing or otherwise stated in this Agreement, each party will, upon the request of the disclosing party, either: (i) return all of such Confidential Information of the disclosing party and all copies thereof in the receiving party’s possession or control to the disclosing party; or (ii) destroy all Confidential Information and all copies thereof in the receiving party’s possession or control. The receiving party will then, at the request of the disclosing party, certify in writing that no copies have been retained by the receiving party, its employees or agents.
In case a party receives legal process that demands or requires disclosure of the disclosing party’s Confidential Information, such party will give prompt notice to the disclosing party, if legally permissible, to enable the disclosing party to challenge such demand.
4. Intellectual Property
Leadwinner Corp is the sole owner and possesses all right, title, and interest in and to all Proprietary Intellectual Property including the programming involved in developing the application and backend cloud operations. Your organization may not claim any ownership rights on Leadwinner Corp’s intellectual property.
(a) each of the products and services (by name and version number) currently produced, manufactured, marketed, licensed, sold, or distributed by the Leadwinner Corp such agreements and
(b) each product and service currently under development by Leadwinner Corp that it intends to make generally commercially available within 6 weeks after the Agreement Date
(c) and each license agreement pursuant to which any person has been granted any license under, or otherwise has received or acquired any right (whether or not currently exercisable) or interest in, any Intellectual Property.
5. Copyright & Content Ownership
We claim no copyrights rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Leadwinner to create and manage your mobile application, or mobile website, or dynamic website, or social media accounts you agree to allow others to view and share your Content.
Leadwinner does not pre-screen Content, but Leadwinner and its designers have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright 2015 Leadwinner Corp, Pvt LTD. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Leadwinner.
Leadwinner may make certain software available to you through the Service. If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Leadwinner, for your personal and non-commercial use only. Leadwinner does not transfer either the title or the intellectual property rights to the Software, and Leadwinner retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
You grant Leadwinner a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Leadwinner, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Leadwinner, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
When accessing or using the Services, you agree to obey the law of land and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
All Leadwinner content included on its website, its products, and through the Service is the property of Leadwinner and is protected by international intellectual property laws. All Leadwinner content, software, code, HTML/CSS, and visual design data is copyright 2015 Leadwinner Corp Pvt Ltd.