Terms of Use


‘APPSMARTZ’ (hereinafter referred as company) has developed an app named “Podcasts App? (hereinafter referred as app) to enjoy the content defined below. This app is subject to the acceptance of following terms of use (hereinafter referred as Terms): - and at other pages of website have been settled between company and user with their full consent. The Company has not concealed anything from the content owner and User. While accepting the terms of use, the user is deemed to have knowledge of all the terms and conditions of use and of this policy to use the app. The user has also gone through the Terms of Use and has understood the same and is agreed with the same.
  1. Definitions
    1. App; means software application compatible with android, iOS and other web compatible devices also available on and other internet channels online app stores, which will provide an access to the user to enjoy all the audible content defined below, which may be played subject to the laws of State/Country of user.
    2. Competency; means capability of person to play the app, to use the app,
    3. Content; means the live/stored contents like song, audio books, podcasts, radios, music and all other audibles uploaded/registered/indexed by content owners on the open platform,
    4. Content Owner; means radio broadcaster, podcaster, audio content owner, content aggregators, singer, musician, any person or company who at his/its free and volunteered will uploads, registers, index his/its content,
    5. Consent; means a volunteered and free consent given by the user to the company that he/she has understood the following terms and are ready to use the app on the terms settled herein by clicking the displayed touch or button ‘Radio’ appearing on the device,
    6. Device; means a system compatible to the app installed in a vehicle,
    7. Open Platform; means a platform, where a radio broadcaster, podcaster, audio content owner, artists singer or any person or company willing to upload his/its audible contents uploads/registers/index the “content? defined as above,
    8. Premium; means the charges claimed by the content owner and payable by the user,
    9. Third Party; means a party who raises any dispute over the uploading of any radio channel on the web link provided by the company,
    10. User; means a person, who downloads/installs the app
    11. Vehicle; means all the vehicles like scooter, car, truck, heavy duty, passenger or any other driving vehicle installed with “device? as defined above
  2. Use of App
    1. The company has developed the app for the user to listen the content of the content owners on the open platform While downloading the app, the user is considered a competent person having appropriate age as per the law of his/her country to understand these terms and features of app. The user either barred or otherwise legally prohibited from downloading/installing or using the app or its any content under the laws of the country in which user resides or from which user accesses or uses the app must not access the app. The user is bound to comply with any additional age restrictions that might apply in a country for the use of contents or specific content of the app. The company has no concern with any age dispute of the user and only the user is solely responsible for the same, if any dispute arises in this regard as per the laws of user’s country.
    2. While accepting these terms, the user hereby acknowledges that he/she has read, understood and agree to be bound by its terms. This Agreement is a legal agreement between the user and company and all the terms stated hereunder apply to the user, whether the user is a registered user or a visitor visit downloading/installing or using the app. If the user does not agree with this Agreement, the user is adviced not to accept this agreement and not to download/install or use the app. So, please read this agreement carefully. If the user does not understand this policy or its any part, then user should not download the app.
    3. The app can be used on compatible mobile or device of user by a single click on the radio touch/button displayed on the screen/body of the device installed in the respective vehicle.
  3. No Warranty
    1. Active operation/Running the content on the app is subject to the online services on the place of user and company will not be responsible for the networking errors. The company does not warranty regarding the operation of app due to poor internet services. Running of app is not guaranteed in every country, but subject to the laws, policy and rules if any of the concerned Govt. of said State/country.
    2. Downloading of software of company is subject to the acceptance of terms and conditions of company’s privacy policy and this agreement. But, merely downloading of software is not license by the company to its users that said software/ application will work as per the mental satisfaction of user. The company will not be at fault due to non-downloading of the software and the company will not be responsible for the networking errors
  4. Consideration
      The user at its sole discretion may play either free or premium contents. While playing the contents, the user must be vigilant regarding the play of free or premium content. Said premium will be paid as per the terms of content owner. If, the user wants to listen a particular content, which is not listed or available in the app, user may recommend the same by sending a request via e-mail to the Podcast Support. Company will try, but not guarantee the availability of said content from the content owner/s through open platform.
  5. General Terms
    1. Since this agreement is written in simple English language, so, the company has no liability to translate into the any particular/specific language of user and while accepting the terms of this agreement, it will be believed that the user has accepted the terms of this agreement after going through it in his/her own language/vernacular.
    2. While clicking the button/displayed touch on the device first time under the title of the app, it shall be assumed that the user has gone through all the present terms http;// AND privacy policy of the company on http;// and has understood the same and is ready to play the app on his/her device. The first click after purchasing the vehicle will be considered the first click by the user.
    3. The company is not responsible towards the user or anybody else, if the content owner unregisters/deletes its content from the open platform.
    4. That the company cannot be sued or be involved in any litigation, dispute, claim, action of whatsoever nature initiated by the user or third party with regard to any concern, interest, piracy, title, copyright, trademark or violation of the law/s of any state/country. The company cannot be sued in any litigation, action, claim, dispute etc. of whatsoever nature between user or person authorized by or claim on behalf of them AND content owner/s, its subsidiaries, affiliates, predecessors in interest, successors etc. Company is not responsible between any communication of any nature between user and content owner.
    5. By using the services of company, the user has granted permission to the company to communicate the user via e-mail, contact number, contact sources or app push notification, other communication network whose information has been provided/shared by user or any other process as per the convenience of company.
    6. Company may change, add or remove features and functionality of app without notice of the user. Company reserves the right to discontinue some or all of the features of app either temporarily or permanently. The user is hereby agreed that that company shall not be liable to the user or to third party for any change, discontinuance of app either temporarily or permanently. In case of un-satisfaction of user, he/she may at his/her sole discretion to discontinue or terminate the use the app.
    7. To use the app, the user is strictly bound to provide the information as and if required by the company and it is made clear upon the user that every information provided by him/her will be deemed as correct information. The user is responsible for providing false information to the company and company then can take any action against such user. In case of false or incomplete information provided by the user, the Company apart from taking action can also blocked the services of said user and the user will be responsible for the losses and expenses, if occurred to the company due to providing false information to it.
    8. The user cannot delete the information provided by him/her to the company while agreeing the terms of this agreement nor will he/she ask to the company to do so, however, the company at its sole discretion can delete the same at any time without the consent or knowledge of user.
    9. Company takes certain precautions to protect their users’ information. However, there is unfortunately no way yet for the industry to guarantee that such information is entirely secure. Users are responsible for securing the confidentiality of their password and account, and are fully responsible for all activities that occur under their password or account.
    10. The user has agreed that he/she will comply with privacy policies and these terms of the company. The user is also agreed that he/she will comply with all the laws, rules and regulations in connection with use of app.
    11. User is agreed that company will not be responsible or liable for any injury, loss or damage incurred due to use of app.
    12. The user will never claim any royalty or benefit of any type from the company due to use of app services or increase of its users or the income, if any earned by the company from its service in any manner.
    13. The parties to this agreement may terminate this agreement at any time. Said Termination does not include the violation of terms by the user, but only means the un-installation of the application of software of company by quitting the app.
    14. xiv. The company may at its sole discretion change or modify any of these terms either wholly or partly.
    15. The company does not provide any warranty or guarantee on its any service or on all the services like uninterrupted, timely, secure, virus-free or error-free; nor does company make any warranty as to the accuracy or reliability of any information obtained through it.
    16. If user identifies any material on the app believing infringing his/her/its copyright, the user can complain to the company in detail explaining his/her complaint. If, the user believes that any content or part of content cannot be played without his/her permission by any reason other than copyright, then he/she may also report to the company in that regard. The user may make any request or contact to the company on email address copyright in this regard.
  6. Advertisements
      The company may also run any advertisement by displaying it on the app directly or through any third party or their agencies. The users while using the app may watch, check, verify and hide the same at its sole discretion. If any advertisement is appearing to the user as illegal or defective, he/she shall inform the company with immediate effect to remove the same permanently from the app. It is hereby informed that the advertisement on the app may not be in the control of company and it may be posted by third parties/ad agencies or its associates.
  7. Sharing & Security
    1. Company retains all the rights for the graphic, images, texts, title, Software, services, APIs, logos, copyrights and trademarks used on company website, app, social accounts or any other third party platform, referring to the app.
    2. The user is responsible for maintaining the confidentiality of its name, password and other information and for all activities that occur under his/her user name or account, In case of false information, the user agree to be notified immediately on account of illegal and unauthorized access of use of company services and for false information.
    3. The user may not use any content of the app for any purpose either commercially or otherwise.
    4. The user may not attempt to, nor assist, alter or temper with, authorise or encourage others to circumvent, disable or defeat any of the features, copyrights, logos or labels or components, such as digital rights management software or encryption that protect, obfuscate or otherwise restrict access to any content of app in any manner.
    5. The use of app is non-transferrable. The user shall not or shall not allow other person through his/her mobile to copy, modify, translate, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software of the company. Transferring the services of company by any user in any manner shall be deemed to an offence. Any use of the company services other than as specifically authorizes herein is strictly prohibited. Any right not expressly granted herein is reserved by company
    6. If the user violates the above terms, he/she may incur civil or criminal liability as per the Indian laws.
  8. Jurisdiction
      The dispute if any regarding the terms of this policy, shall be referred to the sole arbitrator having knowledge of Indian laws, who will be appointed by the company. The place of arbitrator shall be at Mohali, Punjab, India. The fee of arbitration shall be paid by the user/s or company who will raise the dispute. The proceedings of dispute from beginning to end shall be recorded in the English language.