- Your Privacy.
- Your Content.
Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
- a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Tiptop Platform cannot be held responsible for Your Content or the material others upload, store or share using the Services.
- b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Tiptop Platform products and services, you grant to Tiptop Platform a worldwide, royalty-free and irrevocable intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. We do not use what you say in email, chat, voice mail, your documents, or other personal files.
- Using Third-Party Apps and Services.
- Service Availability.
- a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Tiptop Platform account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
- b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Tiptop Platform is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.
- Updates to the Services or Software, and Changes to These Terms.
- a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Tiptop Platform account.
- b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes, including those that prevent you from accessing the Services, or using unauthorized hardware peripheral devices. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms. Tiptop Platform isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software.
- c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
- Software License. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person or a individual company at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Tiptop Platform. Notices, if any, for the third-party code are included for your information only.
- b. The software is licensed, not sold, and Tiptop Platform reserves all rights to the software not expressly granted by Tiptop Platform, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
- circumvent or bypass any technological protection measures in or relating to the software or Services;
- disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Tiptop Platform expressly authorizes you to do so;
- transfer the software, any software licenses, or any rights to access or use the Services;
- use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
- Service-Specific Terms
This section contains service-specific terms that are in addition to the general terms.
- Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Tiptop Platform or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to Rs.100 if the Services are free). You can't recover any other damages or losses, including, without limitation, direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
- Choice of Law and Place to Resolve Disputes.
Even if you live in (or, if a business, your principal place of business is in) anywhere outside India, the laws of the state of India will govern all claims, regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction of competent courts in the state of Rajasthan, for all disputes arising out of or relating to these Terms or the Services.
- Payments to You.
If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
- Price Changes.
We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
- Trial-Period Offers.
If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
- Canceling the Services.
You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit the Tiptop Platformwebsite. You can request a refund using the Cancellation and Refund form. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
- Refund Policy.
Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Tiptop Platform has charged you in error, you must contact us within 60 days of such charge. No refunds will be given for any charges more than 60 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic.
- Online Statement and Errors.
Tiptop Platform will provide you with an online billing statement on the Tiptop Platform website, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 60 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Tiptop Platform has identified a billing error, we will correct that error within 60 days.
- Automatic Renewal.
Provided that automatic renewals are allowed, we will inform you by email before automatically renewing your Services, unless purchased on a subscription basis. Once we have informed you that the Services will be automatically renewed, we may automatically renew your Services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
- Recurring Payments.
When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Tiptop Platform by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by Tiptop Platform. By authorizing recurring payments, you are authorizing Tiptop Platform to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account. Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Tiptop Platform or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
By providing Tiptop Platform with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Tiptop Platform to charge you for the Services or available content using your payment method; and (iii) authorize Tiptop Platform to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
- Your Billing Account.
To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Tiptop Platform website Additionally, you agree to permit Tiptop Platform to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account and contact information current at all times. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
- Payment Terms.
If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
- By "Tiptop Planet" or” Tiptop Services” we mean the features and services we make available, including through (a) our website at www.tiptopplanet.com and any other Tiptop branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Tiptop Platform reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Tiptop.
- By "content" we mean anything you or other users post, provide or share using Tiptop Platform Services.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Tiptop Planet or provide to Tiptop Planet through Platform.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- By “Laws applicable” we mean the laws within the territory of India or under any law for the time being in force.
- By "Third part services" we mean that any services provided by third parties that is parties other than the Tiptop Platform.
- By "Licensor and Licensee" we mean The person who grants a license to another, is Licensor. Whereas Licensee means a person given a license under a private agreement.
- By "Owner" we mean the person recognized by the law as having the ultimate control over and right to use property as long as the law permits and no agreement or covenant limits his or her rights
Mail a Notice of Dispute First.
If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by. Mail to Tiptop Platform Corporation, Chomu Haveli, outside Zorawar Singh Gate, Amber Road, Jaipur 302002 (or to the Legal Department). Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days if the dispute is still unresolved, the jurisdiction of competent courts shall prevail.
Notices and procedure for making claims of intellectual property infringement.Tiptop Platform respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement.ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
STANDARD APPLICATION LICENSE TERMS
These license terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the Tiptop Platform, including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply.
By downloading or using the application, or attempting to do any of these, you accept these terms. If you do not accept them, you have no right to and must not download or use the application.
If you comply with these license terms, you have the rights below.
- INSTALLATION AND USE RIGHTS; EXPIRATION. For applications you download from the Windows Store: (a) you may install and use the application on a Windows device or devices that are affiliated with the Tiptop Platform account that you use to access the Windows Store; and (b) the device limit for the application is displayed in the Store or, for some applications downloaded on the Xbox console, the Xbox Live Usage Rules. For applications you download from the Xbox Store, you may install and use the application on Xbox consoles as described in the Xbox Live Usage Rules. Tiptop Platform reserves the right to modify the Xbox Live Usage Rules at any time.
- INTERNET-BASED SERVICES.
- Consent for Internet-based or wireless services. If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, and application software, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the application, those terms also apply.
- Misuse of Internet-based services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, or network by any means.
- SCOPE OF LICENSE. The application is licensed. This agreement only gives you some rights to use the application. If Tiptop Platform disables the ability to use the applications on your devices pursuant to your agreement with Tiptop Platform, any associated license rights will terminate. Application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not:
- Work around any technical limitations in the application.
- Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation.
- Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.
- Publish or otherwise make the application available for others to copy.
- Rent, lease, or lend the application.
- Transfer the application or this agreement to any third party.
- DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.
- SUPPORT SERVICES. Contact the application publisher to determine if any support services are available. Tiptop Platform, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) aren’t responsible for providing support services for the application.
- APPLICABLE LAW.
- Indian Laws. If you acquired the application in the India or any other country outside, the laws of India will govern the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles.
- DISCLAIMER OF WARRANTY.
The application is licensed "as is," "with all faults," and "as available." You bear the entire risk as to its quality and performance. Should it prove defective, you assume the entire cost of all necessary servicing or repair. The application publisher, on behalf of itself, Tiptop Platform, wireless carriers over whose network the application is provided, and each of our respective affiliates, vendors, agents, and suppliers ("Covered Parties"), gives no express warranties, guarantees, or conditions in relation to the application. You may have additional consumer rights under your local laws that this agreement can't change. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
- Indemnification :
You shall indemnify and hold us harmless, at all times, from any and all losses, damages, liabilities and/or claims that may arise upon us in furtherance to our providing you Services herein.
- LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or Rs.100, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including lost profits and consequential, special, direct, indirect, or incidental damages, from the application publisher.
This limitation applies to:
- Anything related to the application or services made available through the application; and
- Claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law.
It also applies even if:
- This remedy doesn’t fully compensate you for any losses; or
- The application publisher knew or should have known about the possibility of the damages.