Terms of use of the Make Me Up Mobile app

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS MOBILE APP. This Agreement is made between Touchwood Entertainment Limited & Make Me Up Mobile app and you as a Mobile App visitor and /or Member ("You").

This Agreement sets forth the legally binding terms of your use of the Make Me Up Mobile app at its services (“Services”).

Make Me Up app is owned and MAKE ME UP is a registered trade mark of Touchwood Entertainment Limited. Touchwood Entertainment Limited is inter alia engaged in the business of event planning, marketing, production, and legal services for the events. Touchwood Entertainment provides ground concerts, social events, wedding planning, artist management, and other services including mobile app promotion activities etc..

By using and/or visiting this mobile app "Make Me Up” (hereinafter referred to as “MMU”) you signify your assent to these terms and conditions ("Terms of Use") and the terms and conditions of Make Me Up's Privacy Policy, which are published, and which are incorporated herein for reference. In addition, when using particular services provided by us such as viewing any clips, or participating in any contests/discount offers etc., you shall be subject to any additional guidelines or rules applicable to such services. Kindly print these terms of use or save a copy of these terms of service for your records. If you do not agree to any of these terms, then please do not use the MMU.

1. The provision governing your use of the MMU.

The MMU is hosted in India and is subject to the laws governing the Republic of India.

MMU is a mobile app based market place platform that facilitates the display and the offer for sale and booking of various products and services by various vendors, distributors, artists, saloons, event management companies or individuals and various retailers.

You are only authorized to use the MMU (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use and the privacy policy referred to in Clause 1 above . We reserve the right at any time to change the terms of this Agreement; change the Services, including eliminating or modifying any content on or feature of the Mobile app; or change/charge any fees or charges for use of the Services. Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Mobile app or making changes in existing Mobile app term and conditions or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version

Please note that these Terms of Use apply to all Users of the Mobile app, including Users who are also contributors of video content, information, and other materials or services on the Mobile app. The Mobile app may contain links to third party mobile apps that are not owned or controlled by Make Me Up. MMU has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party mobile apps. In addition, Make Me Up will not and cannot censor or edit the content of any third-party site. By using the Mobile app, you expressly relieve Make Me Up / its holding company/ directors/ officers from any and all liability arising from your use of this Mobile app and any third-party mobile app as aforesaid. Accordingly, we encourage you to be aware when you move out of the Mobile app and to read the terms and conditions and privacy policy of each other mobile app that you visit.

The MMU is hosted in India and is subject to the laws governing the Republic of India.

1. You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") that you post on the Mobile app, and any material or information that you transmit to other Members and for your interactions with other Users. Mobile app “Make Me Up” does not endorse and has no control over the Content. Content is not necessarily reviewed by MMU prior to posting and does not necessarily reflect the opinions or policies of Mobile App Make Me Up. MMU makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
2. MMU hereby grants you permission to use the Mobile app as set forth in these terms of use, provided that: (i) your use of the Mobile app as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Mobile app in any medium without MMU’s prior written authorization; (iii) you will not alter or modify any part of the Mobile app other than as may be reasonably necessary to use the Mobile app for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
3. In order to access some features of the Mobile app, you will have to create an account. You may never use another Member's account without permission When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MMU immediately of any breach of security or unauthorized use of your account. Although MMU will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MMU or others due to such unauthorized use. In consideration of your use of the MMU and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the MMU and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the MMU or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
4. Note that MMU prohibits PORNOGRAPHY and please choose carefully the information or any attachment you post on the MMU and in case you provide to any other user. Your MMU profile must not include any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES.
5. MMU reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) posted by you, or to restrict, suspend, or terminate your access to all or any part of the Mobile app at any time, for any or no reason, with or without prior notice, and without liability. MMU expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Mobile app if MMU determines, in its sole discretion, that you pose a threat to MMU and/or its Users.
6. Refund, return and shipping policies are part of these terms and conditions and you as a user or member shall go through these terms and conditions also before buying or booking any product or using services from the MMU.
7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Mobile app in a manner that sends more request messages to the MMU servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.
8. Below 18 Use of and membership in the MMU is void where prohibited. By using the MMU, you represent and warrant that (a) you are 18 years of age or above (b) your use of the MMU does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are less than 18 years of age. The MMU is NOT directed to or intended for people under the age of 18 (Eighteen). Users less than Eighteen (18) years of age may not register to use the Mobile app. MMU does not knowingly collect any personal information from users under the age of eighteen. If you are a parent of a person under the age of eighteen and you have questions about our Mobile app or Privacy Policy, please feel free to contact the MMU. These Terms of Use shall remain in full force and effect while you use the Mobile app or continue to be a Member. You may terminate your membership at any time, by simply writing in at MMU. MMU may terminate your membership at any time, without warning. Even after membership is terminated, these Terms of Use will remain in effect and continue to bind you accordingly. 
9. You acknowledge that MMU reserves the right to charge for the services on the MMU and to change its fees from time to time at its discretion. If MMU terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees. The MMU including the services provided on the MMU are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MMU. Illegal and/or unauthorized use of the MMU, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MMU is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the MMU services.

10. Intellectual property rights

The content on the MMU, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MMU, subject to copyright and other intellectual property rights under Indian laws and conventions. Content on the MMU is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and MMU. MMU reserves all rights not expressly granted in and to the Mobile app and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Mobile app for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the MMU or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MMU or the Content therein.

11. Important usage conditions and related provisions

1. The MMU may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, MMU does not guarantee any confidentiality with respect to any submissions.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
3. You own or have the necessary licenses, rights, consents, and permissions to use and authorize MMU to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the MMU and these terms of use; and
4. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Mobile app and these terms of use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to MMU, you hereby grant MMU a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MMU and MMU's (and its successor's) business, including without limitation for promoting and redistributing part or all of the MMU (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MMU a non-exclusive license to access your User Submissions through the MMU, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the MMU and under these terms of use.

12. In connection with User Submissions, you further agree that you will not:

1. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant MMU all of the license rights granted herein;
2. Publish falsehoods or misrepresentations that could damage MMU or any third party;
3. Submit material that is unlawful, obscene, defamatory, libelous, scandalous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
4. Post advertisements or solicitations of business;
5. Impersonate another user. MMU does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MMU expressly disclaims any and all liability in connection with User Submissions. MMU does not permit copyright infringing activities and infringement of intellectual property rights on its Mobile app, and MMU will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MMU reserves the right to remove Content and User Submissions without prior notice. MMU will also terminate a User's access to its Mobile app, if they are determined to be a repeat infringer. A repeat infringer (except in the case of pornographic content) is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Mobile app more than twice. MMU also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, scandalous or defamatory material, of excessive length. MMU may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
6. Availability The products and services displayed on the MMU may not be available for purchase in your particular country or locality. The reference to such products and services on the MMU does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local MMU authorized representative for the availability of specific products and services in your area.
7. MMU may add, change, discontinue, remove or suspend any other Content posted on this App, including features and specifications of products/services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
8. MMU reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of MMU’s systems as well as its client’s interests are and remain, well–protected.
9. Towards this end, MMU may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
10. If MMU, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then MMU may cancel the said orders at any time up.

13. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification of the same to MMU with the following information in writing:

1. A physical or electronic signature of a user authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalties of misrepresentation and other applicable laws, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14. You understand that when using the MMU, you will be exposed to User Submissions from a variety of sources, and that MMU is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mobile app with respect thereto, and agree to indemnify and hold MMU, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

15. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MMU services. MMU reserves the right to investigate and take appropriate legal action against anyone who, in MMU's sole discretion, violates this provision, including without limitation, removing the offending communication from the MMU and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MMU:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another user;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult mobile app;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, addresses, last names, urls or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming," or "spamming";"phishing"
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
16. criminal or tortures activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17. advertising to, or solicitation of, any Member to buy or sell any products or services through the MMU services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the MMU in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MMU reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MMU deems appropriate in its sole discretion. If you breach any provisions of these Terms of Use and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MMU, you acknowledge that you will have caused substantial harm to MMU, but that the amount of such harm would be extremely difficult to ascertain.
18. covering or obscuring the banner advertisements on your personal profile page;
19. any automated use of the system, such as using scripts to add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the MMU or the networks or services connected to MMU;
21. attempting to impersonate another Member or person;
22. for band profiles, copying your MMU code and embedding it into other profiles or asking other Members to embed it into their profiles;
liusing the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
23. selling or otherwise transferring your profile;
24. using any information obtained from the MMU in order to harass, abuse, or harm another person;
25. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MMU on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
26. using the MMU in a manner inconsistent with any and all applicable laws and regulations.

16. You are solely responsible for your interactions with other MMU Members. MMU reserves the right, but has no obligation, to monitor disputes between you and other Members.

17. Use of the MMU is also governed by our privacy policy, which is incorporated into these Terms of Use by this reference.

18. General Mobile terms of use.

The following terms of use along with the General terms of use of MMU govern your use of MMU Mobile Services which is made available to you on AS IS BASIS. You are only authorized to use the Mobile Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, rules and regulations ("Applicable Law"), our general terms of use and this Mobile Terms of Use. Please read our general terms of use and this Mobile Terms of Use carefully. If you do not agree to be bound by both these terms of use and to follow all Applicable Law, you should discontinue use of this Service immediately. Please read this and our general terms of use below, as they govern your use of MMU. If you wish to make use of this Mobile Service, you must indicate your acceptance of our general terms of use and this Terms of Use during the Mobile Application access process. In order to use the Mobile Service, you may be required to download software or content and/or agree to additional terms and conditions. We may modify our General Terms of Use or this Terms of Use from time to time and such modification shall be effective upon posting by us on our Mobile app. Your continued use of the Mobile Service after we post the revised Terms of Use and/or Mobile Terms of Use signifies your acceptance of such revised terms. It is therefore important that you review the terms of use and the Mobile Terms of Use regularly to ensure you are updated as to any changes. This Service (or any part thereof) may be accessed or made available to you through various mediums or devices now existing or hereafter developed, including but not limited to internet, mobile telephone or other telecommunication services or any combination thereof. To access this Service, you may be required to subscribe for the mobile telecommunication services of the mobile operator who provides this service or with whom MMU has tied up. You shall be solely responsible for the payment of any service/subscription fees to your mobile operator for accessing the services. The functioning and operation of the Service is dependent on the Telecom Operators network for which MMU shall not be responsible in the event of failure of Telecom Operators network transmission or failure of message transmission for any reasons whatsoever. The Service includes certain services that are available via your mobile phone, including

1. the ability to upload content to MMU via your mobile phone (Mobile Uploads),
2. the ability to receive and reply to MMU messages, to send a shoot out and receive shoot outs and to write scribbles using text messaging (Mobile Texts),
3. the ability to browse MMU from your mobile phone (Mobile Web), and
4. the ability to access certain MMU features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services").

MMU does not charge you to access its services on Mobile. However, your carrier's normal messaging, VAS Messaging, VAS Download rates, data access/usage charges and other rates and fees will still apply. Kindly check with the operators and ascertain the charges applicable to access and use the services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding MMU and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your MMU account information to ensure that your messages are not sent to the person that acquires your old number. MMU shall not be responsible in the event of failure of this network transmission or failure of message transmission for any reasons whatsoever. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by third parties. Where reasonably possible, MMU will indicate the products and services provided by third parties as such. Even though they may be co-branded with MMU and so include MMU's trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. MMU WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.

19. You hereby confirm undertake and agree that: -

• You are 18 years of age or above

• You are solely responsible for all the content that you upload on MMU and all activities that occur under your password or user name.

• You will not upload any infringing or potentially infringing content, any illegal content or any prohibited content or any content that violates any laws or any right of any party.

• We may terminate your use of the Site and/or the Services at any time if you breach any of these terms of use or our general terms of use or at our sole discretion if we have reason to believe that your use of the Service is causing us prejudice or to the other users.

• You shall comply with laws as applicable from time to time regarding the usage of our mobile app; obey any codes of conduct or other notices we provide; keep your service account password secret; and promptly notify us if you learn of a security breach related to the service.

• The mobile app and all its features are made available to you on an 'AS IS' basis for your information and personal use only and you have no right to commercially exploit the mobile app or any feature of the mobile app.

• MMU disclaims all warranties, express or implied, in connection with the mobile app and your use thereof.

• You and the original owner of the mobile device undertake to indemnify and hold harmless MMU from and against any /all claims, in consequence of your actions while using our mobile app or any part thereof.

• Any legal issues in this context will be subject to the exclusive jurisdiction of the courts of New Delhi.

• You agree to waive your rights with reference to the "Do Not Call Registry" so as to enable us to render our services

• You shall adhere to the terms and conditions of your mobile service provider while accessing our services.

• You hereby accept that you have perused our detailed terms of use available on our mobile app to understand the terms and conditions concerning the usage of our mobile app.

• You will use your best efforts to notify us of any illegal use of our mobile app by any user, which may include the hosting by any user of any prohibitory, illegal or infringing or potentially infringing content on our mobile app. However, your inability for any reason not to notify us will not render you liable for the termination of our services.

20. Purchase, booking and buying at MMU.

20.1 MMU provides an opportunity to its Users to avail value deals from a number of merchants, including but not limited to suppliers/ artist/ event management companies etc. (“Institutions”), with which MMU has an association, at discounted prices by issue of vouchers that can be redeemed up to a certain validity period from outlets of the Institutions (“Vouchers”).

20.2 In order to purchase or making a booking, the User would be required to create an account on the MMU. This is required so we can provide you with easy access to print your orders, view your past purchases and modify your preferences.

20.3 By placing an order or making a booking on MMU, you make an offer to us to for buying / availing specific products and/or services which you have selected based on MMU’s standard terms and conditions, institution-specific restrictions and on these Terms of Use.

20.4 When you go through the procedure for purchasing any product, after you have provided your acceptance of these Terms of Use and after we have taken payment (by debit card or credit card or other modes of payment) the transaction is complete, and a contract for purchase is made, only when we email/SMS you confirming the transaction (which is our acceptance of the transaction).  We keep a copy of the contract with us.  You are welcome to print out these Terms of Use from our Mobile app as a record.

20.5 As a condition of purchase, we reserve the right to send you administrative and promotional emails.  We may also send you information regarding your account activity and purchases, as well as updates about the MMU and Service and Vouchers as well as other promotional offers. You can opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. 

20.9 Standard Terms and Conditions

20.9.1 The following shall constitute as ‘Standard Terms and Conditions’ for purchasing goods and/or services from Mobile App Make Me Up: 

1. MMU shall not be responsible for the quality of products and/or services provided by the third party advertiser as Mobile App Make Me Up is only a platform to advertise third party products/services and the same shall be the sole responsibility of the Institution. 
2. MMU Vouchers can be redeemed only after due verification of the customer including, without limitation, matching the unique identification number provided to the customer at the time of purchase of MMU Vouchers. 
3. The issuing of credit is at the sole discretion of the Institution.
4. MMU Vouchers cannot be combined with any other gift vouchers, third party vouchers, coupons, or promotions, unless otherwise specified by the Institution.

20.9.2 Institutions/ third parties advertising will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions.  The responsibility to do so is yours alone. 

20.10 Purchase and Sale of Products and/or Services

20.10.1 MMU takes no responsibility for the services and/or products for which MMU Vouchers may be redeemed. Further, MMU makes no warranty to the Users for the quality, safety, usability, or other aspect of the product or service.

20.10.2 Make Me Up takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the service.

21. Disclaimers

YOU AGREE THAT YOUR USE OF THE MOBILE APP MMU SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOBILE APP MAKE ME UP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOBILE APP AND YOUR USE THEREOF. MMU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APP'S CONTENT OR THE CONTENT OF ANY APPA OR SITES LINKED TO THIS APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MOBILE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MOBILE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MOBILE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE [] MOBILE APP. [] DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE [] MOBILE APP OR ANY HYPERLINKED MOBILE APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MMU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. INCLUSION OF ANY LINKED MOBILE APP ON THE MOBILE APP MMU DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED MOBILE APP BY MOBILE APP MAKE ME UP. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. MMU TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE MMU OR THROUGH THE MMU SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. MMU IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MMU SERVICES. MMU ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. MMU IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE MMU SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE MMU SERVICES. UNDER NO CIRCUMSTANCES SHALL MMU BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE MMU SERVICES, ATTENDANCE AT A MMU EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE MMU SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE MMU SERVICES, WHETHER ONLINE OR OFFLINE. THE MMU SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND MMU EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MMU CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MMU SERVICES.

22. Limitation of liability

IN NO EVENT SHALL MMU OR TOUCHWOOD ENTERTAINMENT LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MOBILE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MOBILE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MOBILE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MMU SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Mobile app is controlled and offered by TOUCHWOOD ENTERTAINMENT LIMITED from its facilities in India. TOUCHWOOD ENTERTAINMENT LIMITED makes no representations that the MMU is appropriate or available for use in other locations. Those who access or use the MMU from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.

23. Indemnity

You agree to defend, indemnify and hold harmless MMU, its parent corporation(Touchwood Entertainment Limited), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MMU; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the MMU.

24. Ability to accept terms of use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

25. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MMU without restriction.

26. General

You agree that: (i) the MMU shall be deemed solely based in India; (ii) the section titles in this Agreement are for convenience only and adherence to them is prerequisite for using MMU; (iii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between the you and MMU. Nothing contained in these Terms of Use shall constitute you as the agent of MMU or otherwise entitle you to have authority to bind MMU for any purpose. and (iv) any claim or dispute between you and MMU that arises in whole or in part from the Mobile app shall be decided exclusively by a court of competent jurisdiction located in New Delhi, India. You and MMU shall be bound to submit all disputes howsoever arising out of or in connection with the use of the MMU to arbitration to one (1) arbitrator nominated and appointed by MMU (Touchwood Entertainment Limited). The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be New Delhi, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on both you and MMU to the extent permissible in law. These Terms of Use together with the privacy policy and any other legal notices published by MMU on the MMU, shall constitute the entire agreement between you and MMU concerning the MMU. If any provision(s) of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MMU 's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MMU reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the MMU following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.