Terms & Conditions

The user must agree to all below mentioned terms and conditions while using our Application or Software.

  1. All information, content and material, including the software, text, images, graphics, video and audio, contained in the products and services are copyrighted property of TOPPER.  No information, content or material from the our products and services may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from TOPPER., and nothing on your device shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to TOPPER., to the User. You may own the medium on which the information, content or materials resides, but TOPPER retainsfull and complete title to the information, content or materials and all intellectual property rights therein.
  2. Your use of our products and services provided for herein is solely for your personal and non-commercial use. Any use of the content other than for personal purposes is prohibited. Your personal and non-commercial use of our services shall be subjected to the following restrictions:
  3. i) You may not decompile, reverse engineer, or disassemble the contents of our products, or (c) remove any copyright, trademark registration, or other proprietary notices from the contents of our products.
  4. ii) You will not (a) use our product or service for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use of our products and services in any way that is unlawful, or harms TOPPER  or any other person or entity as determined by TOPPER.  
  5. TOPPER’s products and / or services, including the TOPPER’s Application, Software and Content are compatible only on Android (5.0 and Above) for Mobile / tablets and Windows (7-SP1 and above) for PC Operating system. TOPPER shall not be obligated to provide workable products and / or services for any other device(s) / operating systems which are not compatible with TOPPER.   products and services.
  6. TOPPER or any of its subsidiaries or content partners shall have no responsibility for any loss or damage caused to your device or any other hardware and / or software, including loss of data or effect on the processing speed of your device, those results from the use of our products and services.
  7. i) In no event will TOPPER be liable for damages of any kind, including without limitation, (1) indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage, loss of programs or information), or (2) direct damages in excess of the amount paid to TOPPER  for the product and / or service, arising out of the use of, misuse of or inability to use, or errors, omissions or other inaccuracies in the Site or the products and / or services, or any information provided on the Site.
  8. TOPPER may also contact the user through SMS, email and call to give notifications on various important updates. Therefore, User holds TOPPER.  non liable to any liabilities including financial penalties, damages, expenses in case the users mobile number is registered with Do not Call (DNC) database.
  9. You hereby indemnify, defend, and hold TOPPER., TOPPER.’s distributors, agents, channel partners, representatives and other authorized users, and each of the foregoing entities’respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of our product.
  10. In the event of breach of the terms and conditions of this Terms of Use by the User, the User shall be promptly liable to indemnify TOPPER for all the costs, losses and damages caused to TOPPER as a result of such a breach.
  11. In the event of your breach of this Terms of Use, you agree that TOPPER. will be irreparably harmed and will not have an adequate remedy in money or damages. TOPPER therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. TOPPER.’s right to obtain such relief shall not limit its right to obtain other remedies.
  12. TOPPER would never spy or collect personal information that could compromise the privacy of the user.
  13. TOPPER reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to User.  User agrees that TOPPER shall not be liable to User or any third party for any modification or discontinuance of the Application or Software or Websites.
  14. Persons who are “Competent/Capable” of contracting within the meaning of the Indian Contract Act, 1872 shall by eligible to use our products or services. Minors are not eligible to use our services, if they wish to do so, then it should be made available to them by their legal guardian or parents.

 

Terms of Agreement

This Agreement will become effective immediately upon any use by User of the Application or Software or website and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Furthermore, TOPPER may terminate this Agreement immediately for any breach by User of this Agreement or any applicable policy of TOPPER as posted on the Application or Software or Websites from time to time.

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