Terms / EULA ( PO APP )
END USER LICENCE AGREEMENT
Last updated September 25 , 2023
Fabric & Garment PO is licensed to You (End-User) by Ethnic
Mela India Private Limited, located and registered at ethnicmelaindia@gmail.com, 110
Shreejee Indl Estate, Subhash Nagar , Jogeshwari East, Mumbai -
400060, Mumbai, MAHARASHTRA 400060, India ( Licensor ), for use only under the terms
of this Licence Agreement. Our VAT number is 27AAGCE0906L1ZM.
By downloading the Licensed Application from Apple s software distribution platform ( App
Store ) and Google s software distribution platform ( Play Store ), and any update thereto (as
permitted by this Licence Agreement), You indicate that You agree to be bound by all of the
terms and conditions of this Licence Agreement, and that You accept
this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement
as Services .
The parties of this Licence Agreement acknowledge that the Services are not a Party to
this Licence Agreement and are not bound by any provisions or obligations with regard to
the Licensed Application, such as warranty, liability, maintenance and support
thereof. Ethnic Mela India Private Limited, not the Services, is solely responsible for the
Licensed Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Licensed Application that are in
conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of
Service ( Usage Rules ). Ethnic Mela India Private Limited acknowledges that it had the
opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.
Fabric & Garment PO when purchased or downloaded through the
Services, is licensed to You for use only under the terms of this Licence Agreement. The
Licensor reserves all rights not expressly granted to You. PO with Images Purchase Order
Images Photos is to be used on devices that operate with Apple s operating systems ( iOS and
Mac OS ) or Google s operating system ( Android ).
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENCE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENCE
7. LIABILITY
8. WARRANTY
9. PRODUCT CLAIMS
10. LEGAL COMPLIANCE
11. CONTACT INFORMATION
12. TERMINATION
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
15. APPLICABLE LAW
16. MISCELLANEOUS
1. THE APPLICATION
Fabric & Garment PO ( Licensed Application ) is a piece of
software created to Generate Purchase orders with images or photos which help to simplify
the process and speed up the process as majority of things are identified by photos or
images. Additionally we have Measurement charts generation and sharing which can help
retailers and tailors for easy sharing — and customised for iOS and Android mobile devices
( Devices ). It is used to Generate Purchase orders and Measurement charts.
The Licensed Application is not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be subjected to
such laws, you may not use this Licensed Application. You may not use the Licensed
Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENCE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use
the Licensed Application on any Devices that You (End-User) own or control and as permitted by
the Usage Rules, with the exception that such Licensed Application may be accessed and used
by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume
purchasing.
2.2 This licence will also govern any updates of the Licensed Application provided by Licensor
that replace, repair, and/or supplement the first Licensed Application, unless a
separate licence is provided for such update, in which case the terms of that new licence will
govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to
the degree allowed by the Usage Rules, and with Ethnic Mela India Private Limited s prior
written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove,
modify, combine, create derivative works or updates of, adapt, or attempt to derive the source
code of the Licensed Application, or any part thereof (except with Ethnic Mela India Private
Limited s prior written consent).
2.5 You may not copy (excluding when expressly authorised by this licence and the Usage
Rules) or alter the Licensed Application or portions thereof. You may create and store copies
only on devices that You own or control for backup keeping under the terms of this licence, the
Usage Rules, and any other terms and conditions that apply to the device or software used. You
may not remove any intellectual property notices. You acknowledge that no unauthorised third
parties may gain access to these copies at any time. If you sell your Devices to a third party, you
must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement,
may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this licence should be interpreted to restrict third-party terms. When using the
Licensed Application, You must ensure that You comply with applicable third-party terms and
conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version __________ or higher. Licensor
recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with
modified/new versions of the firmware and new hardware. You are not granted rights to claim
such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-
user device on which You intend to use the Licensed Application satisfies the technical
specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at
any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services
for this Licensed Application. You can reach the Licensor at the email address listed in
the App Store or Play Store Overview for this Licensed Application.
4.2 Ethnic Mela India Private Limited and the End-User acknowledge that the Services
have no obligation whatsoever to furnish any maintenance and support services with
respect to the Licensed Application.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or in the Licensed Application, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or other material
(collectively, Contributions ). Contributions may be viewable by other users of the Licensed
Application and through third-party websites or applications. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licences, rights, consents,
releases, and permissions to use and to authorise us, the Licensed Application, and
other users of the Licensed Application to use your Contributions in any manner
contemplated by the Licensed Application and this Licence Agreement.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness or each
and every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Licensed Application and
this Licence Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography,
or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any
provision of this Licence Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates
this Licence Agreement and may result in, among other things, termination or
suspension of your rights to use the Licensed Application.
6. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Licensed Application or making
Contributions accessible to the Licensed Application by linking your account from the
Licensed Application to any of your social networking accounts, you automatically grant,
and you represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and licence to host, use copy, reproduce, disclose, sell, resell, publish,
broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial advertising, or otherwise,
and to prepare derivative works of, or incorporate in other works, such as Contributions,
and grant and authorise sublicences of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in your Contributions,
and you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the Licensed
Application and you expressly agree to exonerate us from any and all responsibility and
to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to recategorise any Contributions to place them in more
appropriate locations in the Licensed Application; and (3) to prescreen or delete any
Contributions at any time and for any reason, without notice. We have no obligation to
monitor your Contributions.
7. LIABILITY
7.1 Licensor s responsibility in the case of violation of obligations and tort shall be limited to
intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal
obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall
be limited to the foreseeable, contractually typical damages. The limitation mentioned above
does not apply to injuries to life, limb, or health.
7.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of
duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to
make use of backup functions of the Licensed Application to the extent allowed by applicable
third-party terms and conditions of use. You are aware that in case of alterations or
manipulations of the Licensed Application, You will not have access to the Licensed Application.
7.3 Licensor takes no accountability and responsibility in case of Of wrong items / products
are sent by your suppliers.
7.4 Licensor takes no accountability and responsibility in case of We are just a felicitator of
data you provide , we process and serve you to streamline your purcahsing activity .
8. WARRANTY
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or
any other malware at the time of Your download. Licensor warrants that the Licensed Application
works as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the device,
that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed
with inappropriate hardware or software, used with inappropriate accessories, regardless if by
Yourself or by third parties, or if there are any other reasons outside of Ethnic Mela India Private
Limited s sphere of influence that affect the executability of the Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and
notify Ethnic Mela India Private Limited about issues discovered without delay by email provided
in Contact Information. The defect report will be taken into consideration and further investigated
if it has been emailed within a period of seven (7) days after discovery.
8.4 If we confirm that the Licensed Application is defective, Ethnic Mela India Private
Limited reserves a choice to remedy the situation either by means of solving the defect or
substitute delivery.
8.5 In the event of any failure of the Licensed Application to conform to any applicable
warranty, You may notify the Services Store Operator, and Your Licensed Application
purchase price will be refunded to You. To the maximum extent permitted by applicable law,
the Services Store Operator will have no other warranty obligation whatsoever with respect
to the Licensed Application, and any other losses, claims, damages, liabilities, expenses,
and costs attributable to any negligence to adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period
of limitation amounting to twelve (12) months after the Licensed Application was made
available to the user. The statutory periods of limitation given by law apply for users who are
consumers.
9. PRODUCT CLAIMS
Ethnic Mela India Private Limited and the End-User acknowledge that Ethnic Mela India
Private Limited, and not the Services, is responsible for addressing any claims of the End-
User or any third party relating to the Licensed Application or the End-User’s possession
and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or
regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in
connection with Your Licensed Application’s use of the HealthKit and HomeKit.
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US
Government embargo, or that has been designated by the US Government as a terrorist
supporting country; and that You are not listed on any US Government list of prohibited
or restricted parties.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application,
please contact:
VIVEK HITESH SHAH
ethnicmelaindia@gmail.com
110 Shreejee Indl Estate, Subhash Nagar , Jogeshwari East, Mumbai - 400060
Mumbai, MAHARASHTRA 400060
India
vivek@shahjada.in
12. TERMINATION
The licence is valid until terminated by Ethnic Mela India Private Limited or by You. Your
rights under this licence will terminate automatically and without notice from Ethnic Mela
India Private Limited if You fail to adhere to any term(s) of this licence.
Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all
copies, full or partial, of the Licensed Application.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Ethnic Mela India Private Limited represents and warrants that Ethnic Mela India Private
Limited will comply with applicable third-party terms of agreement when using Licensed
Application.
In Accordance with Section 9 of the Instructions for Minimum Terms of Developer s End-
User Licence Agreement , both Apple and Google and their subsidiaries shall be third-party
beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms
and conditions of this Licence Agreement, both Apple and Google will have the right (and will
be deemed to have accepted the right) to enforce this End User Licence Agreement against
You as a third-party beneficiary thereof.
14. INTELLECTUAL PROPERTY RIGHTS
Ethnic Mela India Private Limited and the End-User acknowledge that, in the event of any
third-party claim that the Licensed Application or the End-User s possession and use of that
Licensed Application infringes on the third party s intellectual property rights, Ethnic Mela
India Private Limited, and not the Services, will be solely responsible for the
investigation, defence, settlement, and discharge or any such intellectual property
infringement claims.
15. APPLICABLE LAW
This Licence Agreement is governed by the laws of India excluding its conflicts of law rules.
16. MISCELLANEOUS
16.1 If any of the terms of this agreement should be or become invalid, the validity of the
remaining provisions shall not be affected. Invalid terms will be replaced by valid ones
formulated in a way that will achieve the primary purpose.
16.2 Collateral agreements, changes and amendments are only valid if laid down in writing.
The preceding clause can only be waived in writing.