User "User" or "You" or "Your" refers to you, wherein the context so requires "You" shall mean any natural or legal person who has agreed to as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services. Content "Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "Cushy Content" means content that Cushy creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Cushy or its users and is available on the Services.
ACCEPTANCE OF TERMS
Please read these Terms carefully. This document is an agreement between you and Cushy, a product of Dolphin Foundary Private Limited, located at 175, 1st Floor, 6th main, KEB layout, RMV 2nd stage, Sanjaynagar, Bangaluru-560094, Karnataka, India. The software and any accompanying printed materials are licensed to you only if you accept all of the terms contained in this Service. By accessing website, installing or otherwise using the Cushy Platform, you agree to be bound by these Terms. If you do not agree to these Terms then you must not use the Services provided by Cushy Platform at all. When you access the Cushy Platform, you will be asked to review and either accept or not accept the Terms of the Services by clicking the "I Accept" button. By clicking the "I Accept" button, you acknowledge that you have read the Terms, understand it and agree to be bound by these Terms.
The Cushy Platform is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Cushy Platform (including but not limited to any images, photographs, animations, video, music, and text incorporated into the Software) and any printed materials accompanying the Cushy Platform are owned by the Company or its Licensors.
Use of the Cushy Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Cushy Platform and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Cushy reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Cushy's notice or if it is discovered that you are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
CHANGES TO THE TERMS
Cushy may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Cushy Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
TRANSLATION OF THE TERMS
Cushy may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Cushy. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
PROVISION OF THE SERVICES BEING OFFERED BY CUSHY
Cushy is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Cushy provides, may require effecting certain changes in it, therefore, Cushy reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services. You acknowledge and agree that if Cushy disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account. You acknowledge and agree that while Cushy may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Cushy may set such fixed upper limits at any time, at Cushy's discretion.
BY USING CUSHY'S SERVICES YOU AGREE TO THE FOLLOWING DISCLAIMERS
The Content on these Services is for informational purposes only. Cushy disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Cushy reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Cushy. Please email a takedown requestContact Us
to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Cushy. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Cushy. Cushy may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Cushy Platform terms. Further, Cushy reserves the right to terminate / suspend the User's account and/or credits / points earned and/or participation of the User in the Program if Cushy determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Cushy Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Cushy reserves the right to modify, cancel and discontinue its Program without notice to the User.
USE OF SERVICES BY YOU OR USER
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to use the data owned by Cushy (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with Cushy in writing. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Cushy, unless you have been specifically allowed to do so, by way of a separate agreement with Cushy. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
USER REVIEWS AND RATINGS
User reviews or ratings for any content posted on Cushy Platform do not reflect the opinion of Cushy. Cushy is a neutral and independent platform, it solely provides a means of communication between users. The reviews or ratings submitted by the users reflect their opinion, each rating and reviews submitted by the users are the personal opinion of the user/reviewer only.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Cushy on the Services are subject to change without specific notice to you. In consideration for Cushy granting you access to and use of the Services, you agree that Cushy may place such advertising on the Services. Part of the site may contain advertising information or promotional material or other material submitted to Cushy by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Cushy Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Cushy found on or through the Cushy Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Cushy will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Cushy Platform and mobile application.
a. Trademark, copyright and restriction This site is controlled and operated by Cushy. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. b. Trademark and copyright complaint Cushy shall not be liable for any infringement of copyright or Trademark arising out of materials posted on or transmitted through the Cushy Platform, or items advertised on the Cushy Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright or Trademark has been or is being infringed upon by material found in the Services, You can write to Cushy at
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
TERMINATION OF YOUR ACCESS TO THE SERVICES
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
Please contact us for any questions, comments or grievance regarding Cushy. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Prateek Patel #175, 1st Floor, 6th Main, KEB Layout, RMV 2nd Stage, Sanjaynagar, Bengaluru, Karnataka 560094 Prateek@cushy.com 8105775222 Time: 11.00 to 6.00 Pm Working days: Monday to Friday