The user shall upload the relevant information on the APP which may include among others personal, individual, familial and income related information. Such information uploaded by user may also for certain extended time be stored on the server and/or other devices belonging to the user or the APP developer.
The information uploaded by the users shall be kept confidential and not disclosed by any device, mechanism or arrangement to any third party. In this regard, it is hereby clarified that the APP developer shall be entitled to make available such information, in confidence, only to such employees and agents of the developer who need to know of such information for the specified purpose, and developer shall ensure and procure that such employees /agents are also be put under corresponding confidentiality obligation.
Notwithstanding the aforesaid, the confidentiality obligation shall not apply to the following disclosures:-
The developer has in developing and shall while operating and maintaining, from time to time, adhere to, exhibit and comply with Good Industry Practice [as defined below] besides other obligations as expressly set out in this policy and as put upon by prevailing applicable laws. The APP developer’s liability shall be limited to any actual damage, loss suffered by any user as a direct consequence of any non-performance/non-observance/breach by developer of any of its obligations set out herein and/or put by applicable laws. It is hereby clearly understood that developer shall not in any case be liable for: (i) any indirect and/or remote damage/loss (alleged or actual) suffered by user; and (ii) any loss/damage suffered or threatened to any user on account of user’s negligence, act or omission or resulting from any event/circumstances out of reasonable control of the APP developer.
For the purposes of this policy the capitalized term “Good Industry Practice” shall mean that degree of skill, diligence, efficiency, reliability and prudence and those practices, methods, specifications and standards of safety, services and performance, as may change from time to time and which would reasonably and ordinarily be expected to be used by a skilled and experienced software developer engaged in designing, operation and maintenance of similar software APP.