Terms of Service
Effective Date: October 12, 2023
Last Updated: May 31, 2023
Thank you for your interest in Play Cent Technologies Private Limited (“Datalayer,” “we,” “us,” or “our”), our website located at www.datalayer.co (the “Site”), our mobile applications (the “Mobile Apps”), and collectively with the Mobile Apps, the “App” or “Application”) and any associated websites and subdomains, applications, and services (collectively, the “Service”). This Terms of Service Agreement (“Terms”) is a legally binding contract between you and Datalayer.
By registering for an account, downloading or installing the App, or otherwise accessing or using the Service, or any portion thereof, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms.
You represent and warrant that you have the right, authority, and capacity to enter into these Terms. If the individual entering into this agreement or otherwise accessing or using the Service is doing so on behalf of, or within his or her capacity as a representative, agent, or employee of an entity, such individual and such entity agree that: (i) the terms “you” and “your” as used herein apply to such entity and such individual; and (ii) represent and warrant that the individual entering into these Terms has the power, right, authority, and capacity to enter into these Terms on behalf of such entity. If you do not agree with all of the provisions of these Terms, you may not access or use the Service.
These Terms are subject to occasional revision. Please regularly check the Site to view the most recent terms.
Eligibility This is a contract between you and Datalayer. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Datalayer, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Service is not available to any users previously removed from the Service by Pogo. The Service is only available to residents of India and is only intended for use in India. Any access to, or use of, the Service by non-Indian residents is strictly prohibited and in violation of these Terms. Datalayer makes no representations that the Service is appropriate or available for use in other locations. By using the Service, you represent that you are an Indian resident.
Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms.
1. Accounts
1.1. Account Creation. In order to use most features of the Service, you must register for an account (“Account”). You promise that: (a) all required registration information you submit in connection with your registration is truthful and accurate; and (b) you will maintain the accuracy of such information.
1.2. Account Responsibilities. You are responsible for all activities that occur under your Account. You agree to immediately notify Datalayer of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. You may not share your Account with anyone. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the Service if you have been previously removed by Datalayer. If you provide any information that is untrue, inaccurate, not current or incomplete, or Datalayer has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Datalayer has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.
1.3. Your Account. You agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by Datalayer.
1.4 Data connections; Sharing.
(a) Fetching data. In order to store your User Data in Datalayer, you must connect a third-party platform (e.g., your Amazon account, your Google account, your Flipkart account, etc.) (each a “Connection”) to Datalayer. Datalayer will provide the opportunity for you to login to the Connection via the Mobile App creating an authorization token that is stored with Datalayer on your behalf, which provides your account with ongoing access to the Connection and the embedded data therein (the process, “Making/Made a Connection”). After Making a Connection, you will have access to Insights and Rewards. You may disconnect a Connection at any time and no new data will be fetched until you reconnect.
(b) Sharing with Datalayer & Participating Businesses. Once you have made a Connection to Datalayer, with your consent, Your user Data is shared with datalayer & its participating businesses, including our affiliates and subsidiaries, our service providers or advisors, marketing/advertising and strategic partners, analytics providers; social networks; our clients, partnered brands, retailers and agencies (collectively, "Participating Businesses"). By Sharing your Connections and User Data with Datalayer, you will gain access to the other Datalayer Services, Insights and Rewards (see below for more information).
1.5. Referrals. We may offer bonus Points (as defined below) when someone you refer becomes a user of the Service (a “Referral Program”). Any such Referral Program may be subject to additional terms and conditions set forth in the offer or App, at Datalayer’s sole discretion.
You agree that you have obtained all necessary permissions and consents from an individual before referring that individual to Datalayer and will inform the individual: (a) that we are not the sender or initiator of any messages or communications that you send to that individual relating to the Referral Program; (b) that you are not acting as our agent in sending any such messages or communications; and (c) that you may be receiving a referral bonus if the individual becomes a new user of Datalayer. We do not directly send any referral codes to individuals.
Current or inactive former users of the Service cannot qualify as new users for purposes of a Referral Program, and any attempt to create referrals to non-existent individuals or to multiple accounts for the same individual will be void and are in violation of these Terms. We reserve the right to void or take any other action we deem appropriate with respect to referrals, including if a referral code is shared in a social media post or from a social media account that contains offensive, harassing, violent, pornographic, or otherwise inappropriate content. Datalayer may discontinue and/or revoke any Referral Program or incentive program in its sole discretion at any time without notice. Datalayer reserves the right to decline to award referral bonuses, rescind bonus Rewards credited, or take any other action related to a Referral Program.
2. Rewards Program
2.1 Datalayer Rewards Program.
The Datalayer Rewards Program allows you to earn points (”Rewards”) for sharing your data for market research and personalized advertisements (collectively, “Data Rewards”). Datalayer reserves the right to limit the Service and incentives associated with the Datalayer Rewards Program.
For more information on Data Rewards, and for information around how we process your information and data in connection with any Rewards, please refer to our Privacy Policy.
In connection with a Datalayer Account, Datalayer offers Users the ability to earn Points (as defined below) for certain actions, activities, or transactions related to Making Connections and Sharing access to the data with Datalayer or Partners or Participating businesses (collectively, the “Rewards Program”). The Rewards Program is offered at no additional charge to Users. The Rewards Program begins upon the opening of the User’s Datalayer Account. POINTS ARE NOT LEGAL TENDER AND HAVE NO CASH VALUE OUTSIDE OF THE REWARDS PROGRAM. YOU HAVE NO LEGAL INTEREST OR PROPERTY OR OTHER RIGHTS TO POINTS, AND THEY CANNOTBE BOUGHT, SOLD OR TRANSFERRED IN ANY WAY, TO ANY OTHER USER (INCLUDING UPONDEATH OR AS PART OF A DOMESTIC RELATIONS MATTER). IF (I) YOU TERMINATE OR DELETE YOUR DATALAYER ACCOUNT, (II) YOUR DATALAYER ACCOUNT FALLS OUT OF GOOD STANDING,OR (III) YOUR DATALAYER ACCOUNT IS INACTIVE FOR 12 CONSECUTIVE MONTHS, YOU WILLFORFEIT ANY POINTS IN YOUR POINTS BALANCE. All Users with a DATALAYER Account in “Good Standing” (meaning it is not frozen or suspended) are eligible for the Rewards Program. By agreeing to the Terms, you hereby authorize DATALAYER to record and analyze your actions related to Making Connections and Sharing in order to calculate an accrual of Points. DATALAYER reserves the right to disqualify any User from participation in the Rewards Program, suspend your participation in the Rewards Program and/or freeze any accrual or redemption of Points if we suspect fraudulent activity in your Connections, Datalayer Account or any User behavior that violates the Terms.
Datalayer will award “Points” to Users through the Rewards Program based on certain actions, activities, or transactions related to your Datalayer Account. Points are accrued, and your Point balance (“Point Balance”) is displayed in your Datalayer Account on the Mobile App. At this time, as long as your Datalayer Account remains open and in Good Standing, Points will accrue in the manner described. Points may be rescinded if Datalayer determines, in its sole discretion, that the Points were awarded to you in error, corresponding actions have been rescinded, or if there is fraudulent activity in your Data Vault, Connections, or Datalayer Account. If you believe that you are eligible for Points that were rescinded or that you have not received, or that you received Points that were calculated erroneously, please contact us.
2.2 Earning Points. By completing certain actions or performing activities, Users may receive Points. The Rewards Program core offering provides Points to Users based on Sharing Connections with Datalayer or Partners. The specific number of Points or rate of accrual for Points will be displayed in the Mobile App, and may change based on your Data fetched from connection, or in our discretion. Prior to Sharing with Datalayer or Partners, you will be informed how such actions will impact your accrual of Points, and will be given the option to accept or decline. Points, if available, may be accrued in the following ways:
a) Data Rewards : By default when you sign up on Datalayer, you will be opted in to sharing certain Personal Information for market research or personalized advertisements, you will earn rewards in connection with this opt-in (“Data Rewards”). Terms and conditions set forth on the Site and the App and may be updated, modified, suspended, or canceled by Datalayer at any time in its sole discretion.
b) Data Connections & Initial Sharing Bonus: Each time you Share a new Connection with Datalayer, you may be offered a one-time reward of Points (“Bonus Points”). Bonus Points is a reward for Sharing your historical data. You may also earn Reward points for digital data fetched from external accounts, such as Flipkart, Amazon or Google.
c) Linked Retailer Reward points: You can earn additional Reward points for purchases with retailer or digital consumer account(s) you choose to link to your Datalayer account, such as your Amazon, Google or Flipkart account (collectively, “Linked Retailers”), where you receive your receipts (”Linked Retailer Reward points”).
Accordingly, you authorize Datalayer as your agent to access your Linked Retailers to pull receipts of your purchases. You represent and agree that for all Linked Retailers, you are an authorized user of that account and that you have the authority to provide Datalayer access to that account as your agent. Datalayer stores those log-in credentials on your device and not on our systems. Datalayer is not responsible for the security of your mobile device. Terms and conditions set forth on the Site and the App and may be updated, modified, suspended, or canceled by Datalayer at any time in its sole discretion.
d) Linked Email Reward points: You can earn additional Reward points for email accounts you choose to link to your Datalayer account (”Linked Emails”) where you receive your receipts (”Linked Email Reward points”).
Accordingly, you authorize Datalayer as your agent to access your Linked Emails to pull receipts of your purchases. You represent and agree that for all Linked Emails, you are an authorized user of that account and that you have the authority to provide Datalayer access to that account as your agent. You understand that while linked to Datalayer, Datalayer is automatically able to access your Linked Emails to retrieve all email receipts. Datalayer stores those log-in credentials on your device and not on our systems. Datalayer is not responsible for the security of your mobile device.
2.3 Redeeming Points. Subject to these Terms and our approval, When your account is atleast 30 days old and, when your Points balance reaches the Minimum Redemption Amount, ("Minimum Redemption Amount" shall mean the minimum value of Points required to redeem any Reward offered in the Services ("Reward"), which is subject to change at any time at the sole discretion of Datalayer), you may redeem your Points. Points can only be used in exchange for Rewards and have no other use or value. There is no automatic redemption of Points. No interest is accrued on Points. Points may be redeemed for Rewards at the rate specified in the Services at the time of redemption. Datalayer does not guarantee that any particular Reward or Offer will be available on any given product for any specific user at any moment in time. Furthermore, not all Rewards or Offers may be available to all users at all times, and different Rewards or Offers may be available only to certain users. Items for which Rewards are or will be available are subject to change without notice. Datalayer reserves the right to change, remove, discontinue or otherwise alter the available Rewards or Offers at any time.
When you make a request to redeem Points for a Reward, you must elect within the App the Reward, which could be a gift card or other product offered as a Reward, you want to receive in exchange for your Points. Once a redemption request is approved and the Redemption Item is authorized by us, your Points balance will be reduced by the number of Points designated to the Redemption Item selected by you. All Redemption Items are non-refundable, and may not be returned or cancelled unless specifically offered to cancel in-app. We are not responsible or liable for any loss or delay of any Redemption Item once you have redeemed your Points. If you have any questions or concerns with the redemption process, you may contact us at info@datalayer.co
2.4 Expiration of Points. Your unredeemed Points will expire and will no longer be redeemable after one hundred eighty (180) days of inactivity, which is defined as consecutive days where you do not do either of the following: a) perform any Point earning action; or b) redeem any Points.
Prior to your Points expiration date, you may prevent your then unredeemed Points from expiring by doing either of the following: i) performing a Point earning action; or ii) redeeming your Points. Expired Points cannot be recovered.
3. Access to the Service
3.1 Access and Use. Subject to these Terms, Datalayer grants you a non-exclusive, revocable, limited, non-transferable, non-assignable, and “as is” right to use and access the features and functionality of the Service solely for your own personal, non-commercial use, subject to any use limitations.
3.2 Application License. Subject to your compliance with these Terms, including without limitation Section 5.2 and Section 5.3 below, Datalayer grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on each mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes.
3.3 Modification. We may modify, update, suspend, or discontinue the Service (in whole or in part) at any time with or without notice to you. You agree that Datalayer is not liable to you or to any third party for any modification, update, suspension, or discontinuation of the Service. You may need to update third-party software from time to time in order to use the Service.
3.4 Location Data. Some features of the Service enable us to tailor your experience in the Service based on your location. If you decline to provide location information, or if, in our judgment, we cannot verify your location, you will be unable to utilize some features of the Service.
We may use the Google Maps API to gather information about your location. The use of the Google Maps features and content is subject to the Google Maps/Google Earth Additional Terms of Service available at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy available at https://www.google.com/policies/privacy/.
4. IP Rights
4.1 Ownership. You acknowledge that we or our suppliers own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for the limited access rights expressly set forth in these Terms, you are not granted any rights with respect to the Service and there are no implied licenses granted by Datalayer under these Terms.
4.2 Trademarks. Datalayer and all related graphics, logos, service marks and trade names used on or in connection with the Service or in connection with the Service are the trademarks of Datalayer and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
4.3 Feedback. We welcome feedback to help us build a better service. If you provide Datalayer with any feedback or suggestions regarding the Service (“Feedback”), you acknowledge that we can freely use and exploit such Feedback in any manner. Feedback you provide is not confidential or proprietary to you. So, please do not provide Datalayer any information or ideas that you consider to be confidential or proprietary.
5. Third-Party Services
5.1 Third-Party Materials. As a part of the Service, you may have access to materials, links, applications, advertisements, and services that are hosted or controlled by another party (collectively, “Third-Party Materials”). You agree that it is impossible for Datalayer to monitor such Third-Party Materials, and that you access these Third-Party Materials and services at your own risk. Datalayer provides access to these Third-Party Materials only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You use all Third-Party Materials at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Materials, the applicable third party’s terms and policies apply, including the third party’s privacy practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.
You acknowledge and agree that Datalayer may get commissions when you access Third-Party Materials through the App.
5.2 Accessing and Downloading the Application from Apple App Store. The following applies to any App accessed through or downloaded from the Apple App Store (”Apple-Sourced App”):
(a) You acknowledge and agree that (i) these Terms are between you and Datalayer only, and not Apple, Inc. (”Apple”) and (ii) Datalayer, not Apple, is solely responsible for the Apple-Sourced App and content thereof. Your use of the Apple-Sourced App must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced App.
(c) In the event of any failure of the Apple-Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Datalayer.
(d) You and Datalayer acknowledge that Datalayer, not Apple, is responsible for addressing any claims you have or any claims of any third party relating to the Apple-Sourced App or your possession and use of the Apple-Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Datalayer acknowledge that, in the event of any third-party claim that the Apple-Sourced App or your possession and use of that Apple-Sourced App infringes that third party’s intellectual property rights, Datalayer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
(f) You and Datalayer acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the Apple-Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Apple-Sourced App against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the Apple-Sourced App.
5.3 Accessing and Downloading the Application from the Google Play Store or Google Chrome Web Store. The following applies to any App you acquire from the Google Play Store or Google Chrome Web Store (“Google-Sourced App”): (i) you acknowledge that these Terms are between you and Datalayer only, and not with Google or its affiliates (collectively, “Google”); (ii) your use of the Google-Sourced App must comply with Google’s then-current Google Play Store Terms of Service or Google Chrome Web Store Terms of Service, as applicable; (iii) Google is only a provider of the Google Play Store and Google Chrome Web Store; (iv) Datalayer, and not Google, is solely responsible for the Google-Sourced App; (v) Google has no obligation or liability to you with respect to the Google-Sourced App or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the Google-Sourced App.
6. Content
You acknowledge that all information, data, text, photographs, messages, tags, and other content or materials accessible through the Service (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Datalayer, are entirely responsible for all Content that you upload or otherwise make available through the Service (“Your Content”). By submitting Your Content, you grant Datalayer a fully-paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform, and display, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the Service.
6.1 Investigations. Datalayer may, but is not obligated to, monitor or review the use of the Service and Content at any time. Without limiting the foregoing, Datalayer shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason). If Datalayer becomes aware of any possible violations by you of any provision of these Terms, Datalayer may investigate such violations, and, at its sole discretion, immediately terminate your license to use the Service, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6.2 No Obligation to Pre-Screen Content. Datalayer may, but is not obligated to pre-screen, refuse or remove any Content for any reason, including if Content violates these Terms or is otherwise objectionable. Datalayer has no responsibility or liability for the deletion or accuracy of any Content. Certain Services may enable you to specify the level at which such Service restricts access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. Unless expressly agreed to by Datalayer in writing elsewhere, Datalayer has no obligation to store any of Your Content.
6.3 Representations and Warranties. You represent and warrant that you have all necessary right, title, interest, authorizations, and permissions to: (i) provide, provide access to, request Datalayer access, disclose, or submit any data, content, information, or feedback, including Your Content, that you provide, provide access to, disclose, or submit to Datalayer or the Service, or that you authorize or request Datalayer to access on your behalf, as applicable; and (ii) grant the rights and permissions granted hereunder with respect to any data, content, information, or feedback, including Your Content.
7. User Conduct
As a condition of your use of the Service, you agree not to use the Service for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third party) to:
(a) submit to our Service information that is false, inaccurate, tampered with, adjusted, or otherwise manipulated for the purpose of redeeming a Reward;
(b) link your Datalayer Account to any bank account, credit/debit card, email account, retailer/digital consumer account or health tracker/app that is not owned by you;
(c) redeem, or attempt to redeem, Rewards for products that have not actually been purchased and retained, or for products that have been purchased but returned to a store or online vendor, following purchase;
(d) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
(e) take any action that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
(f) take any action that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
(g) take any action that involves commercial activities and/or sales without Datalayer’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(h) impersonate any person or entity, including any employee or representative of Datalayer;
(i) interfere with or attempt to interfere with the proper functioning of the Service or uses of the Service in any way not expressly permitted by these Terms; or
(j) engage in, or attempt to engage in any potentially harmful acts that are directed against the Service, including but not limited to violating or attempting to violate any security features of the Service, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Service by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service.
8. Indemnification
You agree to indemnify and hold Datalayer, its officers, employees, agents, partners, suppliers (including but not limited to the Payment Card Networks) and licensors (each, a “Datalayer Party” and collectively, the “Datalayer Parties”) harmless, including costs and attorneys’ fees, from any loss, claim, or demand arising out of: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of applicable laws or regulations; (iv) any disputes or issues between you and any third party; or (v) your violation of any rights of any third party. We may assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter for which you may have an indemnification obligation hereunder without the prior written consent of Datalayer. Datalayer will use reasonable efforts to notify you of any claim, action, or proceeding for which you may have an indemnification obligation hereunder upon becoming aware of it. This provision does not require you to indemnify any of the Datalayer Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or Service provided hereunder. You agree that the provisions in this section will survive any termination of your Account, these Terms and/or your access to the Service.
9. DISCLAIMERS
NO WARRANTIES. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND DATALAYER AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS (COLLECTIVELY, THE “DATALAYER PARTIES”), EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
DATALAYER PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, OR THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE. DATALAYER PARTIES MAKE NO WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
10. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATALAYER PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DATALAYER (OR DATALAYER’S SUPPLIERS, INCLUDING WITHOUT LIMITATION, THE PAYMENT CARD NETWORKS) HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM OR RELATING TO (I) THESE TERMS, (II) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, OR (III) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR COMPUTER SYSTEMS, OR LOSS OF DATA RESULTING THEREFROM. UNDER NO CIRCUMSTANCES WILL DATALAYER PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO DATALAYER BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) ONE HUNDRED RUPEES (100 INR). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A DATALAYER PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A DATALAYER PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A DATALAYER PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DATALAYER AND YOU.
11. Term and Termination
11.1 Term. You and we agree that these Terms commenced on the earlier to occur of (a) the date you first used the Service or (b) the date you accepted these Terms and will remain in full force and effect while you use the Service, unless earlier terminated in accordance with these Terms.
11.2 Termination of Services by Datalayer. We may terminate these Terms at any time for any reason, including if you have materially breached any provision of these Terms, or if Datalayer is required to do so by law (e.g., where the provision of the Site, the App, or the Service is, or becomes, unlawful). Datalayer may immediately and without notice, suspend or terminate any Services provided to you.
11.3 Termination of Services by You. If you want to terminate these Terms, you may do so by closing your Account. Contact us at info@datalayer.co
11.4 Effect of Termination. Termination of these Terms includes removal of access and all related information, files, Rewards, associated with or inside your Account (or any part thereof), and Your Content. Any rights you have to the Points & Rewards in your Account will terminate and you will no longer be eligible to receive a distribution of such Points. Datalayer will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content and your Points & Rewards. All provisions of these Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
12. GOVERNING LAWS
The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles.
13. DISPUTES
With respect to any dispute regarding the Platform, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and subject to this Clause 17, the courts at Hyderabad, India shall have exclusive jurisdiction to deal with such disputes. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to this Platform, shall be referred to and finally resolved by mediation and in accordance with the dispute resolution provisions under Indian Consumer Protection Act, 2019. Please review our other policies, including privacy policy (accessed at https://www.datalayer.co/privacy.html), posted on the Platform. These policies also govern your visit to the Platform. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time without any notice to You.
13. General
13.1 Changes. These Terms are subject to occasional revision, and we reserve the right to charge fees for accessing and using the Service. If we make any substantial changes, we may require you to accept the changes, notify you by sending you an email, as explained in Section 13.9, and/or by prominently posting notice of the changes on the Service. Any changes to these Terms will be effective upon the earliest of when you provide your acceptance of the changes, thirty (30) calendar days following our dispatch of an email notice to you (if applicable), and thirty (30) calendar days following our posting of notice of the changes on the Service. The changes will be effective immediately for new users of the Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes.
13.2Electronic Communications. The communications between you and Datalayer use electronic means, whether you use the Service or send us emails, or whether Datalayer posts notices on the Service or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Datalayer in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Datalayer provides to you electronically satisfy any legal requirement that such communications would satisfy if it were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
13.3 Force Majeure. Datalayer shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.4 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Service, please contact us at info@datalayer.co . We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
13.5Taxes. You agree that you are solely responsible for ascertaining and complying with any tax obligations you may have in connection with your use of the Service.
13.6 Notice. Where Datalayer requires that you provide an email address, you are responsible for providing Datalayer with your most current email address. In the event that the last email address you provided to Datalayer is not valid, Datalayers dispatch of the email containing such notice will constitute effective notice. You may give notice to Datalayer at the following address: Play Cent Technologies Private Limited, 91springboard, LVS Arcade, Madhapur, 71, Jubilee Enclave, HITEC City, Hyderabad, Telangana 500081. Such notice shall be deemed given when received by Datalayer by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
13.7 International Users. The Service can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Datalayer intends to announce such services or content in your country. The Service is controlled and offered by Datalayer from its facilities in India. Datalayer makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.
13.8 Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Datalayer's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Datalayer may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
13.9 Contact Information:
Play Cent Technologies Private Limited,
91springboard, LVS Arcade, Madhapur, 71, Jubilee Enclave, HITEC City, Hyderabad, Telangana 500081
info@datalayer.co