Terms and Conditions
these terms and conditions (“terms”, “agreement”) are an agreement between mobile application developer (“mobile application developer”, “us”, “we” or “our”) and you (“user”, “you” or “your”). this agreement sets forth the general terms and conditions of your use of the BreakFun mobile application and any of its products or services (collectively, “mobile application” or “services”).
terms and conditions
BreakFun is offering its users this application for their own personal use only, but users should be aware that they are not allowed to copy, or modify the application or any part thereof, or our trademarks in any way. users are not allowed to attempt to extract the source code of the application, and the user should not try to translate the application into other languages or make derivative versions. the application itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, exclusively belong to us.
subject to its privacy policy, it is unconditionally and unequivocally agreed by you that BreakFun may access user”s personal information including financial data, data usage, technical data and related information, including but not limited to technical information about your device, device id, model, system and application software, and peripherals, that is gathered periodically, to serve you better and to provide software updates, product support, and other services to you (if any) related to the application. BreakFun may use this information, as long as it is to improve its products or to deliver customized services or technologies within the legally permissible sphere to generate, among other things, reports for its clients as per campaigns created by BreakFun, user”s activities and actions completed by users. the reports, so generated from the programs we develop are provided to our clients, for the purpose of determining operational successes and opportunities for improvement in areas such as service, sales, product presentation, maintenance, and other specifics of the client”s operations and personnel. BreakFun do hereby declare that though BreakFun shall take all measures to protect the interest and the confidential information of your good self, whereas it is unconditionally and unequivocally agreed by you that in case of release and/or passing of confidential information of the user to any third party, you and/or any other person on your behalf, shall not hold BreakFun liable for any loss/payment/penalty and accordingly you/user and/or any other person on your behalf, shall be having no right to claim any sum and/or to file any lawsuit and/or to initiate any criminal proceedings against BreakFun and all such claims by you/user and/or any other person on your behalf, shall be void-ab-initio
you agree that you attained the majority under indian contract act and accordingly capable of entering into this agreement and to use the service. you agree that the services associated to BreakFun mobile application are available only to and can only be used by, an individual who can form legally binding contracts under the applicable laws of india. the term individual shall not include individuals such as company, partnership, trusts, business entities, clubs, associations, ngo, organizations, governing bodies or other all fictitious legal creations. you agree that at any time if you disqualify as to the use of service under this agreement, you will immediately stop using BreakFun application and other services associated with the same.
you agree that you have read the terms of this agreement in full and have carefully evaluated the terms as specified in this agreement and understood the expose/rights/benefits and you are capable to enter into this agreement including the fact that the BreakFun mobile application shall be reviewing all your information and shall be occupying substantial space in your mobile device and are not being prevented by any of the stipulation/arrangement prohibiting your entering into this instant agreement.
that you shall not post/chat (including data/voice call) violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the service.
you are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. with the exception of people or businesses that are expressly authorized by BreakFun to create accounts on your behalf, BreakFun prohibits the creation of and you agree that you will not create an account for anyone other than yourself. you also represent that all information you provide or provided to BreakFun upon registration and at all other times including the information that has been tracked with the help of software, associated with the use of your mobile device by you only, will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. you agree that if you provide any information that is untrue, inaccurate, not current or incomplete, or BreakFun has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BreakFun 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 that you will not solicit, collect or use the login credentials of other BreakFun users. you further agree that you, at all times during the installation/use of BreakFun application shall keep the necessary space in your mobile available.
you are responsible for keeping your password secret and you are not induced by any of the associate of BreakFun to purchase the mobile phone and you shall also not do the same accordingly with any of the third party.
you shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and the employees/directors/associates/vendors of BreakFun and in that eventuality, BreakFun shall be having sole and final authority to terminate the registration/membership of the user and/or its known associates.
you shall not use the service for any illegal or unauthorized purpose. you agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the service and your content, including but not limited to, copyright laws.
you are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “content”) that you submit, post or display on or via the service, upon the said option being given
you shall not change, modify, adapt or alter the service or change, modify or alter another website so as to falsely imply that it is associated with the service or BreakFun .
you agree that BreakFun as an organisation through the services provided by BreakFun including its mobile application, is not any speculative and/or any money making schemes and does in no way provide any assurance of attaining any short/quick money/gain. it is worth to mention that BreakFun does not incentivize the users for clicking and viewing the ads displayed on the mobile device. it is clarified and accordingly agreed by you that the cashback through the BreakFun account is not based upon the clicks on the advertisement and accordingly the user of BreakFun account is not required to click on all or any of the advertisement and the user is free to opt to choose/see the advertisement based upon his/her needs and preferences.
you shall not unauthorizedly access BreakFun ’s private software/servers/host computers and other computer, computer system, computer network and shall in no way adversely affect the functioning of the BreakFun application and other services. you shall not interfere or disrupt the service or servers or networks connected to the service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. you shall not inject content or code or otherwise alter or interfere with the way any BreakFun page is rendered or displayed in a user”s mobile application or device.
you shall not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any BreakFun users.
you shall not use domain names or web urls of BreakFun , in your username without prior written consent from BreakFun and also shall not use/apply the name BreakFun as your domain and/or url.
you shall not create accounts with the service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. notwithstanding anything stated in this agreement, it is clarified that the application BreakFun is being developed and made available, only for genuine users, who wish to be benefited. accordingly one person/user shall not be permitted to get himself registered with more than one registration. that in case any person was found getting himself registered with BreakFun under various names/identities or was found obtaining several registrations, whether or not under different names but was found managing all the said accounts, BreakFun shall be having sole and exclusive right to terminate all such accounts and the network created through the said account. further in case of the instance as specified in this para, without prejudice to the other rights of BreakFun , it shall be having all other rights to initiate legal action against such person for prosecution and to recovery of the money paid and also to forfeit the entire BreakFun balance available in all such accounts.
you shall not attempt to restrict another user from using or enjoying the service and you shall not encourage or facilitate violations of these terms of use or any other BreakFun terms.
that it is felt in the interest of the account holder/user of BreakFun account that he should have the required information about the participants at one level below to him and one level up to him in the entire network of people developed by the people for their interest, it is therefore, you by accepting to become the holder of BreakFun account apart from accepting the terms of this agreement also do hereby give your unconditional and unequivocal acceptance of sharing your details with the persons one level up to you and one level below to you and you know and agree that you may be contacted by all those persons and also contact them only for the purposes of your gain via BreakFun and for no other purpose.
you agree that violation of these terms of use may, in BreakFun sole discretion, result in termination of your BreakFun account and/or forfeiture of BreakFun balance. you understand and agree that BreakFun cannot and will not be responsible for the content posted on the service and you use the service at your own risk. if you violate the letter or spirit of these terms of use, or otherwise create risk or possible legal exposure for BreakFun , BreakFun can stop providing all or part of the service to you.
you/user agree and aware that there are certain things that BreakFun will not take responsibility for, for the application not working at full functionality if users do not have access to wi-fi or mobile data, and users do not have any active internet connection and no mobile data left and the benefits to use the services are limited till the activation of your BreakFun account and the termination of BreakFun account for any reason, whatsoever, will disentitle you for any benefit associated with the use of BreakFun account.
users may be charged by their mobile service provider, for the cost of data for the duration of the connection, while accessing the application, or other third party charges. while using the application, users accept responsibility and liability for any such charges, including roaming data charges if users use the application outside of their home territory (i.e. region or country) without turning off data roaming. if users are using a prepaid mobile connection for the device on which they are using the application, they accept liability for data spends while accessing the application. it is unconditionally and unequivocally agreed by the user that the user has been using the services of BreakFun application for its benefit and after careful consideration of the benefits and exposure attached to the same and it is therefore for the use of mobile data and for the payment by user to his/her service provider, BreakFun shall in no way be responsible and no claim citing the expenses towards mobile data, shall ever be raised by the user against BreakFun and/or any of its directors/employees. the user further agree and undertake that it shall, during the terms of its association with BreakFun mobile application, periodically review the use of mobile data and/or payment for the said use and the continuance with BreakFun application by the user shall be termed/presumed the consent by the user for the incurring of such expenses, without any assurance of any return by BreakFun in money terms.
BreakFun application is currently available on android play store and may be available on other mobile platforms in future. BreakFun may update the application at any point of time, and as a result thereof, the requirements for systems (and for any additional systems BreakFun may decide to extend the availability of the application to) may change, and users shall need to download the updates, if you/user want to keep using the application. BreakFun does not promise that it will always update the application so that it works with the android version that users have installed on their device. however, you/users during the term of your use of the BreakFun service including mobile application, shall always accept updates to the application as and when available to download and agree and understand that if the you/user do not download the updates, you may not be able to access the application or receive the offers and services provided by BreakFun .
BreakFun shall under its sole discretion and under no legal mandate whatsoever, shall be free to stop providing its offers/services through the application and may terminate use of it at any point of time without giving prior notice of termination. unless BreakFun tells you otherwise, upon the termination of your account because of any reason whatsoever (you agree that the reason for termination of BreakFun account shall not be open to challenge, as this being gracious service and no money is being charged from you the user) (a) the rights and benefits granted to you in these terms shall automatically end; (b) you must stop using the application, and (if needed and/or directed by BreakFun accordingly) delete it from your device. it is further agreed by you that in case of breach on your part in adherence of the instructions from the side of BreakFun , BreakFun shall be free to take any action be that it be legal or otherwise including the blocking of your mobile device and/or escalation of the same to any authority.
BreakFun may contain links to other mobile applications or websites operated by third parties, and BreakFun may monetize some of these links. notwithstanding such advertisement programs, BreakFun does not have any influence or control over any such third party mobile applications or websites and, unless otherwise stated, is not responsible for and does not endorse any third party websites or their availability or contents displayed thereon. you understand that, as BreakFun is acting merely a facilitator, bridging the gap between the seller and the buyer, at no consideration from the buyer, by using and accessing this application, you may encounter content that may be deemed offensive, indecent, or objectionable and you agree to use the services at your sole risk and that BreakFun shall not have any liability to you for such content that may be found to be offensive, indecent, or objectionable.
you unconditionally and unequivocally agree that if you/user uninstalls the BreakFun application and it remains uninstalled for 15 calendar days or in case of 15 days of inactivity, in other words, if you/user do not use or access mobile phone for at least once in 15 days then the you/user will be considered inactive and all cashback amount accumulated under BreakFun balance shall automatically expire. you further agree and understand that this instant clause is substantial to the operation and functioning of this BreakFun application as such, in case of failure/gap on your part in remaining deactivate for a term equal to and/or more than 15 days, you shall be having no right to claim the said status thereafter and all such claims from your side shall be void ab-initio, being contrary to basic understanding.
BreakFun does not claim ownership of any content that you post on or through the service. instead, you hereby grant to BreakFun a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the service, subject to the services privacy policy
you hereby agree that BreakFun shall place advertising and promotions at your mobile device, to assist you in your shopping activities and preferences, which may or may not be based upon your data/personal information/ habits and other online preferences. the manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
you represent and warrant that in case an option be given to the user for posting the content with the BreakFun application: (i) you shall own the content posted by you on or through the service or otherwise shall have the right to grant the rights and licenses set forth in these terms of use; (ii) the posting and use of your content on or through the service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other money owed by reason of content you post on or through the service; and (iv) you have the legal right and capacity to enter into these terms of use in your jurisdiction.
the BreakFun name and logo are trademarks of BreakFun , and may not be copied, imitated or used, in whole or in part, without the prior written permission of BreakFun . in addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of BreakFun , and may not be copied, imitated or used, in whole or in part, without prior written permission from BreakFun .
although it is BreakFun intention for the service to be available as much as possible, there will be occasions when the service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. also, BreakFun reserves the right to remove any content from the service for any reason, without prior notice. content removed from the service may continue to be stored by BreakFun , including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. BreakFun will not be liable to you for any modification, suspension, or discontinuation of the services, or the loss of any content. you also acknowledge that the internet may be subject to breaches of security and that the submission of content or other information may not be secure.
the plans for using BreakFun application shall be based/changed solely decided by the BreakFun management. further all benefits, if released by BreakFun to the users of the BreakFun mobile application, shall be subject to income tax laws of india and appropriate tax shall be deducted.
that BreakFun shall at all times be well within its right to amend the reward plans and the user shall not be having any right to dispute the same and/or claim on the basis of any prior plan.
that you vide agreeing to the terms of this agreement agree that you will not risk your income/resources/assets in furtherance of use of the BreakFun mobile application and/or any other services provided by BreakFun .
BreakFun reserves its right to change, alter any of the terms and conditions of this agreement and privacy policy and therefore, you are responsible for regularly reviewing these terms and conditions including changes and modifications therein if any term incorporated by us from time to time. you shall be deemed to have agreed to any such modification or amendment by your decision to continue using the application following the date in which the modified or amended terms are posted on the company application website. your continuous use of service constitutes your agreement and consent to all such terms and conditions. BreakFun make no guarantee as to the continuous availability of the service through the application or any specific feature(s) thereof. BreakFun reserves its right to change or terminate the accessibility to the application or service at our discretion at any time without prior notice thereof.
without prejudice to the rights under these terms and conditions, if you/user breach these terms and conditions in any manner, BreakFun may take such action as deems appropriate to deal with such breach, by suspending your access to the application, prohibiting you from accessing our website, blocking your device using your device id, ip address from accessing the application or website, contacting your service provider to request that they block your access to the application or website and/or take any legal action against you.
you/user agree and acknowledge that while using or accessing BreakFun application, and thereafter, you/user shall maintain confidentiality, and shall not disclose to any third party, the following: any information concerning BreakFun present or former customers, including their names and identities, their employees and representatives, business practices, as well as the information sought to be gathered, and actually gathered, in connection with the services provided by BreakFun to its customers; any and all information concerning BreakFun employees and representatives, as well as any information designated orally or in writing as confidential by BreakFun regarding BreakFun’s sales methods, plans, and records, BreakFun ’s collections on behalf of its customers, all written communications, training and marketing materials, and all other like documents not disseminated to the general public, including computer programs and printouts, as well as any other confidential information regarded by BreakFun as a trade secret or otherwise protected from disclosure under applicable law and disclosure of any such confidential information by the user without consent of BreakFun shall be treated as a breach of the terms of the agreement. the user may, in accordance with the foregoing, use such information solely as necessary in user”s work for BreakFun .
you/user understand and agree that any breach or threatened breach by user of the non-competition and non-disclosure provisions contained in this agreement will cause BreakFun substantial, irreparable harm which is difficult to measure and that BreakFun , therefore, may obtain an injunction against such conduct and user consents thereto. this right is in addition to any other rights BreakFun may have against user for breach of this agreement. therefore, whenever BreakFun may apply for the restraining order or injunction against user for breaching or threatening to breach this agreement as described above, user waives any notice to which user may be entitled and consents to such restraining order or injunction. in the event of any breach of this agreement by user, user agrees to pay BreakFun all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.
you agree and understand that either party to this agreement may, at any time, terminate this agreement for any reason or for no reason at all. however, each party shall continue to comply with any and all obligations of this agreement that are intended to survive its termination or expiration. user understands that in the event of termination or expiration, user will not receive the BreakFun account balance as shown in his/her account. BreakFun and user shall deal with each other fairly and in good faith relative to this agreement. BreakFun may terminate user accounts without prior notice if any suspicious activity is found which come is the way of natural or intended functioning of BreakFun . BreakFun shall choose to terminate account(s) of any user(s) if found to be involved in promoting referral links on any public property along with communication that is spam or misleading in any manner. termination of user accounts will be at sole discretion of BreakFun .
notwithstanding anything stated in this agreement, you agree that BreakFun shall be free and well within its rights to terminate/close the operation of BreakFun mobile application and/or all the applications/services provided by BreakFun .
if any provision of the terms and conditions of this agreement is determined by any court or other competent authority in india or otherwise to be unlawful and/or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this agreement, but the legality and enforceability of the remainder of this agreement shall not be affected.
in the event of any dispute arises out of or in connection with the installation/use of mobile application, validity, interpretation or implementation of this agreement, the parties shall attempt in the first instance to resolve such dispute through online escalation matrix/ exchange of emails. if the dispute is not resolved in this manner then within 30 days from the date of failure of such discussion one party shall inform other party through a notice for referring the dispute to arbitration in accordance with the arbitration and conciliation act, 1996 (as amended from time to time). the venue for the arbitration proceedings shall be at new delhi, india or any other mutually agreeable place. the arbitration panel shall consist of sole arbitrator as appointed by BreakFun . the cost of arbitration shall be shared equally by both the parties. the award shall be enforceable in any court having jurisdiction, subject to the applicable laws.
that in view of the terms of this agreement, you have out of your own free will, unconditionally agreed to share your sensitive personal data/information including confidential information and accordingly permitted BreakFun to take your sensitive personal data/information including confidential information. you further agree and confirm that sharing the sensitive personal data/information including confidential information with BreakFun is an option of which you have wilfully availed and you are aware that you shall be having the right to withdraw your consent vide opting the termination of BreakFun account. you further agree and confirm that your consenting to the terms of this agreement shall be termed as your consent to share your sensitive personal data/information including confidential information in terms of rule 5 of information technology (reasonable security practices and procedures and sensitive personal data or information) rules 2011 as amended upto date and you shall waive all your right to dispute the said consent.
acceptance of above terms
you acknowledge that you have read this agreement and agree to all its terms and conditions. by using the mobile application or its services you agree to be bound by this agreement. if you do not agree to abide by the terms of this agreement, you are not authorized to use or access the mobile application and its services.
contact us
mail us breakfunapp@gmail.com
terms and conditions
BreakFun is offering its users this application for their own personal use only, but users should be aware that they are not allowed to copy, or modify the application or any part thereof, or our trademarks in any way. users are not allowed to attempt to extract the source code of the application, and the user should not try to translate the application into other languages or make derivative versions. the application itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, exclusively belong to us.
subject to its privacy policy, it is unconditionally and unequivocally agreed by you that BreakFun may access user”s personal information including financial data, data usage, technical data and related information, including but not limited to technical information about your device, device id, model, system and application software, and peripherals, that is gathered periodically, to serve you better and to provide software updates, product support, and other services to you (if any) related to the application. BreakFun may use this information, as long as it is to improve its products or to deliver customized services or technologies within the legally permissible sphere to generate, among other things, reports for its clients as per campaigns created by BreakFun, user”s activities and actions completed by users. the reports, so generated from the programs we develop are provided to our clients, for the purpose of determining operational successes and opportunities for improvement in areas such as service, sales, product presentation, maintenance, and other specifics of the client”s operations and personnel. BreakFun do hereby declare that though BreakFun shall take all measures to protect the interest and the confidential information of your good self, whereas it is unconditionally and unequivocally agreed by you that in case of release and/or passing of confidential information of the user to any third party, you and/or any other person on your behalf, shall not hold BreakFun liable for any loss/payment/penalty and accordingly you/user and/or any other person on your behalf, shall be having no right to claim any sum and/or to file any lawsuit and/or to initiate any criminal proceedings against BreakFun and all such claims by you/user and/or any other person on your behalf, shall be void-ab-initio
you agree that you attained the majority under indian contract act and accordingly capable of entering into this agreement and to use the service. you agree that the services associated to BreakFun mobile application are available only to and can only be used by, an individual who can form legally binding contracts under the applicable laws of india. the term individual shall not include individuals such as company, partnership, trusts, business entities, clubs, associations, ngo, organizations, governing bodies or other all fictitious legal creations. you agree that at any time if you disqualify as to the use of service under this agreement, you will immediately stop using BreakFun application and other services associated with the same.
you agree that you have read the terms of this agreement in full and have carefully evaluated the terms as specified in this agreement and understood the expose/rights/benefits and you are capable to enter into this agreement including the fact that the BreakFun mobile application shall be reviewing all your information and shall be occupying substantial space in your mobile device and are not being prevented by any of the stipulation/arrangement prohibiting your entering into this instant agreement.
that you shall not post/chat (including data/voice call) violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the service.
you are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. with the exception of people or businesses that are expressly authorized by BreakFun to create accounts on your behalf, BreakFun prohibits the creation of and you agree that you will not create an account for anyone other than yourself. you also represent that all information you provide or provided to BreakFun upon registration and at all other times including the information that has been tracked with the help of software, associated with the use of your mobile device by you only, will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. you agree that if you provide any information that is untrue, inaccurate, not current or incomplete, or BreakFun has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BreakFun 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 that you will not solicit, collect or use the login credentials of other BreakFun users. you further agree that you, at all times during the installation/use of BreakFun application shall keep the necessary space in your mobile available.
you are responsible for keeping your password secret and you are not induced by any of the associate of BreakFun to purchase the mobile phone and you shall also not do the same accordingly with any of the third party.
you shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and the employees/directors/associates/vendors of BreakFun and in that eventuality, BreakFun shall be having sole and final authority to terminate the registration/membership of the user and/or its known associates.
you shall not use the service for any illegal or unauthorized purpose. you agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the service and your content, including but not limited to, copyright laws.
you are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “content”) that you submit, post or display on or via the service, upon the said option being given
you shall not change, modify, adapt or alter the service or change, modify or alter another website so as to falsely imply that it is associated with the service or BreakFun .
you agree that BreakFun as an organisation through the services provided by BreakFun including its mobile application, is not any speculative and/or any money making schemes and does in no way provide any assurance of attaining any short/quick money/gain. it is worth to mention that BreakFun does not incentivize the users for clicking and viewing the ads displayed on the mobile device. it is clarified and accordingly agreed by you that the cashback through the BreakFun account is not based upon the clicks on the advertisement and accordingly the user of BreakFun account is not required to click on all or any of the advertisement and the user is free to opt to choose/see the advertisement based upon his/her needs and preferences.
you shall not unauthorizedly access BreakFun ’s private software/servers/host computers and other computer, computer system, computer network and shall in no way adversely affect the functioning of the BreakFun application and other services. you shall not interfere or disrupt the service or servers or networks connected to the service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. you shall not inject content or code or otherwise alter or interfere with the way any BreakFun page is rendered or displayed in a user”s mobile application or device.
you shall not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any BreakFun users.
you shall not use domain names or web urls of BreakFun , in your username without prior written consent from BreakFun and also shall not use/apply the name BreakFun as your domain and/or url.
you shall not create accounts with the service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. notwithstanding anything stated in this agreement, it is clarified that the application BreakFun is being developed and made available, only for genuine users, who wish to be benefited. accordingly one person/user shall not be permitted to get himself registered with more than one registration. that in case any person was found getting himself registered with BreakFun under various names/identities or was found obtaining several registrations, whether or not under different names but was found managing all the said accounts, BreakFun shall be having sole and exclusive right to terminate all such accounts and the network created through the said account. further in case of the instance as specified in this para, without prejudice to the other rights of BreakFun , it shall be having all other rights to initiate legal action against such person for prosecution and to recovery of the money paid and also to forfeit the entire BreakFun balance available in all such accounts.
you shall not attempt to restrict another user from using or enjoying the service and you shall not encourage or facilitate violations of these terms of use or any other BreakFun terms.
that it is felt in the interest of the account holder/user of BreakFun account that he should have the required information about the participants at one level below to him and one level up to him in the entire network of people developed by the people for their interest, it is therefore, you by accepting to become the holder of BreakFun account apart from accepting the terms of this agreement also do hereby give your unconditional and unequivocal acceptance of sharing your details with the persons one level up to you and one level below to you and you know and agree that you may be contacted by all those persons and also contact them only for the purposes of your gain via BreakFun and for no other purpose.
you agree that violation of these terms of use may, in BreakFun sole discretion, result in termination of your BreakFun account and/or forfeiture of BreakFun balance. you understand and agree that BreakFun cannot and will not be responsible for the content posted on the service and you use the service at your own risk. if you violate the letter or spirit of these terms of use, or otherwise create risk or possible legal exposure for BreakFun , BreakFun can stop providing all or part of the service to you.
you/user agree and aware that there are certain things that BreakFun will not take responsibility for, for the application not working at full functionality if users do not have access to wi-fi or mobile data, and users do not have any active internet connection and no mobile data left and the benefits to use the services are limited till the activation of your BreakFun account and the termination of BreakFun account for any reason, whatsoever, will disentitle you for any benefit associated with the use of BreakFun account.
users may be charged by their mobile service provider, for the cost of data for the duration of the connection, while accessing the application, or other third party charges. while using the application, users accept responsibility and liability for any such charges, including roaming data charges if users use the application outside of their home territory (i.e. region or country) without turning off data roaming. if users are using a prepaid mobile connection for the device on which they are using the application, they accept liability for data spends while accessing the application. it is unconditionally and unequivocally agreed by the user that the user has been using the services of BreakFun application for its benefit and after careful consideration of the benefits and exposure attached to the same and it is therefore for the use of mobile data and for the payment by user to his/her service provider, BreakFun shall in no way be responsible and no claim citing the expenses towards mobile data, shall ever be raised by the user against BreakFun and/or any of its directors/employees. the user further agree and undertake that it shall, during the terms of its association with BreakFun mobile application, periodically review the use of mobile data and/or payment for the said use and the continuance with BreakFun application by the user shall be termed/presumed the consent by the user for the incurring of such expenses, without any assurance of any return by BreakFun in money terms.
BreakFun application is currently available on android play store and may be available on other mobile platforms in future. BreakFun may update the application at any point of time, and as a result thereof, the requirements for systems (and for any additional systems BreakFun may decide to extend the availability of the application to) may change, and users shall need to download the updates, if you/user want to keep using the application. BreakFun does not promise that it will always update the application so that it works with the android version that users have installed on their device. however, you/users during the term of your use of the BreakFun service including mobile application, shall always accept updates to the application as and when available to download and agree and understand that if the you/user do not download the updates, you may not be able to access the application or receive the offers and services provided by BreakFun .
BreakFun shall under its sole discretion and under no legal mandate whatsoever, shall be free to stop providing its offers/services through the application and may terminate use of it at any point of time without giving prior notice of termination. unless BreakFun tells you otherwise, upon the termination of your account because of any reason whatsoever (you agree that the reason for termination of BreakFun account shall not be open to challenge, as this being gracious service and no money is being charged from you the user) (a) the rights and benefits granted to you in these terms shall automatically end; (b) you must stop using the application, and (if needed and/or directed by BreakFun accordingly) delete it from your device. it is further agreed by you that in case of breach on your part in adherence of the instructions from the side of BreakFun , BreakFun shall be free to take any action be that it be legal or otherwise including the blocking of your mobile device and/or escalation of the same to any authority.
BreakFun may contain links to other mobile applications or websites operated by third parties, and BreakFun may monetize some of these links. notwithstanding such advertisement programs, BreakFun does not have any influence or control over any such third party mobile applications or websites and, unless otherwise stated, is not responsible for and does not endorse any third party websites or their availability or contents displayed thereon. you understand that, as BreakFun is acting merely a facilitator, bridging the gap between the seller and the buyer, at no consideration from the buyer, by using and accessing this application, you may encounter content that may be deemed offensive, indecent, or objectionable and you agree to use the services at your sole risk and that BreakFun shall not have any liability to you for such content that may be found to be offensive, indecent, or objectionable.
you unconditionally and unequivocally agree that if you/user uninstalls the BreakFun application and it remains uninstalled for 15 calendar days or in case of 15 days of inactivity, in other words, if you/user do not use or access mobile phone for at least once in 15 days then the you/user will be considered inactive and all cashback amount accumulated under BreakFun balance shall automatically expire. you further agree and understand that this instant clause is substantial to the operation and functioning of this BreakFun application as such, in case of failure/gap on your part in remaining deactivate for a term equal to and/or more than 15 days, you shall be having no right to claim the said status thereafter and all such claims from your side shall be void ab-initio, being contrary to basic understanding.
BreakFun does not claim ownership of any content that you post on or through the service. instead, you hereby grant to BreakFun a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the service, subject to the services privacy policy
you hereby agree that BreakFun shall place advertising and promotions at your mobile device, to assist you in your shopping activities and preferences, which may or may not be based upon your data/personal information/ habits and other online preferences. the manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
you represent and warrant that in case an option be given to the user for posting the content with the BreakFun application: (i) you shall own the content posted by you on or through the service or otherwise shall have the right to grant the rights and licenses set forth in these terms of use; (ii) the posting and use of your content on or through the service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other money owed by reason of content you post on or through the service; and (iv) you have the legal right and capacity to enter into these terms of use in your jurisdiction.
the BreakFun name and logo are trademarks of BreakFun , and may not be copied, imitated or used, in whole or in part, without the prior written permission of BreakFun . in addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of BreakFun , and may not be copied, imitated or used, in whole or in part, without prior written permission from BreakFun .
although it is BreakFun intention for the service to be available as much as possible, there will be occasions when the service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. also, BreakFun reserves the right to remove any content from the service for any reason, without prior notice. content removed from the service may continue to be stored by BreakFun , including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. BreakFun will not be liable to you for any modification, suspension, or discontinuation of the services, or the loss of any content. you also acknowledge that the internet may be subject to breaches of security and that the submission of content or other information may not be secure.
the plans for using BreakFun application shall be based/changed solely decided by the BreakFun management. further all benefits, if released by BreakFun to the users of the BreakFun mobile application, shall be subject to income tax laws of india and appropriate tax shall be deducted.
that BreakFun shall at all times be well within its right to amend the reward plans and the user shall not be having any right to dispute the same and/or claim on the basis of any prior plan.
that you vide agreeing to the terms of this agreement agree that you will not risk your income/resources/assets in furtherance of use of the BreakFun mobile application and/or any other services provided by BreakFun .
BreakFun reserves its right to change, alter any of the terms and conditions of this agreement and privacy policy and therefore, you are responsible for regularly reviewing these terms and conditions including changes and modifications therein if any term incorporated by us from time to time. you shall be deemed to have agreed to any such modification or amendment by your decision to continue using the application following the date in which the modified or amended terms are posted on the company application website. your continuous use of service constitutes your agreement and consent to all such terms and conditions. BreakFun make no guarantee as to the continuous availability of the service through the application or any specific feature(s) thereof. BreakFun reserves its right to change or terminate the accessibility to the application or service at our discretion at any time without prior notice thereof.
without prejudice to the rights under these terms and conditions, if you/user breach these terms and conditions in any manner, BreakFun may take such action as deems appropriate to deal with such breach, by suspending your access to the application, prohibiting you from accessing our website, blocking your device using your device id, ip address from accessing the application or website, contacting your service provider to request that they block your access to the application or website and/or take any legal action against you.
you/user agree and acknowledge that while using or accessing BreakFun application, and thereafter, you/user shall maintain confidentiality, and shall not disclose to any third party, the following: any information concerning BreakFun present or former customers, including their names and identities, their employees and representatives, business practices, as well as the information sought to be gathered, and actually gathered, in connection with the services provided by BreakFun to its customers; any and all information concerning BreakFun employees and representatives, as well as any information designated orally or in writing as confidential by BreakFun regarding BreakFun’s sales methods, plans, and records, BreakFun ’s collections on behalf of its customers, all written communications, training and marketing materials, and all other like documents not disseminated to the general public, including computer programs and printouts, as well as any other confidential information regarded by BreakFun as a trade secret or otherwise protected from disclosure under applicable law and disclosure of any such confidential information by the user without consent of BreakFun shall be treated as a breach of the terms of the agreement. the user may, in accordance with the foregoing, use such information solely as necessary in user”s work for BreakFun .
you/user understand and agree that any breach or threatened breach by user of the non-competition and non-disclosure provisions contained in this agreement will cause BreakFun substantial, irreparable harm which is difficult to measure and that BreakFun , therefore, may obtain an injunction against such conduct and user consents thereto. this right is in addition to any other rights BreakFun may have against user for breach of this agreement. therefore, whenever BreakFun may apply for the restraining order or injunction against user for breaching or threatening to breach this agreement as described above, user waives any notice to which user may be entitled and consents to such restraining order or injunction. in the event of any breach of this agreement by user, user agrees to pay BreakFun all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.
you agree and understand that either party to this agreement may, at any time, terminate this agreement for any reason or for no reason at all. however, each party shall continue to comply with any and all obligations of this agreement that are intended to survive its termination or expiration. user understands that in the event of termination or expiration, user will not receive the BreakFun account balance as shown in his/her account. BreakFun and user shall deal with each other fairly and in good faith relative to this agreement. BreakFun may terminate user accounts without prior notice if any suspicious activity is found which come is the way of natural or intended functioning of BreakFun . BreakFun shall choose to terminate account(s) of any user(s) if found to be involved in promoting referral links on any public property along with communication that is spam or misleading in any manner. termination of user accounts will be at sole discretion of BreakFun .
notwithstanding anything stated in this agreement, you agree that BreakFun shall be free and well within its rights to terminate/close the operation of BreakFun mobile application and/or all the applications/services provided by BreakFun .
if any provision of the terms and conditions of this agreement is determined by any court or other competent authority in india or otherwise to be unlawful and/or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this agreement, but the legality and enforceability of the remainder of this agreement shall not be affected.
in the event of any dispute arises out of or in connection with the installation/use of mobile application, validity, interpretation or implementation of this agreement, the parties shall attempt in the first instance to resolve such dispute through online escalation matrix/ exchange of emails. if the dispute is not resolved in this manner then within 30 days from the date of failure of such discussion one party shall inform other party through a notice for referring the dispute to arbitration in accordance with the arbitration and conciliation act, 1996 (as amended from time to time). the venue for the arbitration proceedings shall be at new delhi, india or any other mutually agreeable place. the arbitration panel shall consist of sole arbitrator as appointed by BreakFun . the cost of arbitration shall be shared equally by both the parties. the award shall be enforceable in any court having jurisdiction, subject to the applicable laws.
that in view of the terms of this agreement, you have out of your own free will, unconditionally agreed to share your sensitive personal data/information including confidential information and accordingly permitted BreakFun to take your sensitive personal data/information including confidential information. you further agree and confirm that sharing the sensitive personal data/information including confidential information with BreakFun is an option of which you have wilfully availed and you are aware that you shall be having the right to withdraw your consent vide opting the termination of BreakFun account. you further agree and confirm that your consenting to the terms of this agreement shall be termed as your consent to share your sensitive personal data/information including confidential information in terms of rule 5 of information technology (reasonable security practices and procedures and sensitive personal data or information) rules 2011 as amended upto date and you shall waive all your right to dispute the said consent.
acceptance of above terms
you acknowledge that you have read this agreement and agree to all its terms and conditions. by using the mobile application or its services you agree to be bound by this agreement. if you do not agree to abide by the terms of this agreement, you are not authorized to use or access the mobile application and its services.
contact us
mail us breakfunapp@gmail.com
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