By accessing these applications / portals / platforms :- MyTelfon and other as may be launched from time to time(hereinafter referred to as “Website”, “Platform” and/or “Application”, which shall mean and be used interchangeably having the same meaning) is developed, operated and maintained by WebMob Technolgies Private Limited (“The Company”), a company / Proprietorship firm, partnership firm, LLP, having registered office at “111 N Market, Street #300 San Jose, CA 95113, United States”, you agree to be legally bound by following terms and conditions and other incidental or related aspects for use.

Before you use the platform, you must read all of the terms and conditions (“Terms”) herein and the Privacy Policy provided on the Website. Please also refer the additional legal information as may be applicable to you. You must be at least [18] years of age to use our platform / website; by using our platform and agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age; Audience less than 18 years of age should register with credentials of Parent(s) and/or Legal Guardian. Platform shall not be responsible to validate and authenticate your age, however, platform reserves the right to optionally / randomly conduct checks to verify the correctness of legal age of your’ s / your legal guardian’s age registering on platform on your behalf.  

“we”, “our” and “us” means “the company”; “you”, “user” and “your” means any person and/or the institutions / organizations etc., but not limited to, who accesses and uses this Platform along with updating their us​_ers on this platform;

It is strongly recommended to you to visit this page periodically to review the most current version of the Terms and Conditions. The company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this platform signifies your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the platform in any way, you should immediately terminate use of the platform.

PART A: GENERAL TERMS AND CONDITIONS OF USE

This Terms and Conditions/Agreement is an Electronic Record published in terms of Information Technology Act, 2000 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 issued under the aforesaid Act.

Before you further use this Platform, you must read all of the terms and conditions specified (all sections of this Platform including but not limited to the General Terms and Conditions of Use, the Special and Additional Terms and Conditions of use and Privacy Policy provided on this Platform) collectively hereinafter referred to as the Agreement.

By using these Products, Software, Services and the Platform (hereinafter referred to as Services), you hereby confirm to having accepted the Agreement, with immediate effect.

If you do not agree to the aforesaid paragraph, please do not proceed to further on this Platform.

If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.

A. GENERAL

To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts at Ahmedabad shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

Headings are for reference purposes only and do not limit the scope or extent of such section.

The failure of the company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The company does not guarantee it will take action against all breaches of this Agreement.

Except as otherwise expressly provided in this Agreement there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and the company and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the company with respect to the Platform and/or the Services.

B. DESCRIPTION OF SERVICES/ PURPOSE:

Telfon-Twilio Dialer Solution is a portal for unlimited calls and messages (SMS). It is an omni-channel communication tool that also allows WhatsApp, Record Calls, Chrome extensions, etc. and streamlines the internal and clientele communications. It is basically a B2B and B2C online solution that can help operate efficiently on the internal grounds as well as with the international clientele and team. Further details related to the services may be availed from the above mentioned website/s. 

The User shall be bound by the Terms of Use and all copyright policies and other applicable laws for any purpose regardless of whether the User is availing any paid services or not. Content hosted on the platform is licensed, and not sold to the User. Company reserves the right to introduce additional terms in future as may be mandated by compliant authorities and/or otherwise. User may use company’s Applications /portal only on Supported Devices (as may be conveyed from time to time by company) that are compatible with the software. To access the application, User may be required to download, install and run certain software, and updates and upgrades thereto, owned or controlled by company and/or its service provider(s). Such software shall be governed by the accompanying software or end-user license agreement, and User shall comply with the terms thereof, the terms of which are incorporated herein.

While using and accessing this platform, user provides consent to store various information of user like login information, name, address, email, phone number, user’s option to register through Gmail/Facebook, geographical location etc. User understands that some or all of these may be specified under personal information and user unconditionally provides Company their consent to store, use, process, transmit etc., this information. Additionally, user provides consent to company allowing company to use various analytics tools like google / web analytics etc., over such data of user. Company further collects and store other information that may include, users name, number email etc., but not limited to, to which user completely provides their consent hereof.

In course of providing user-friendly and hassle-free service/experience to the user and to provide end services, the company may be using third-party services. In such case, direct or indirect integrations will be made with such associated third-party service providers to render certain services.

Any data provided by you shall be used preliminary for this purpose or any other purpose connected to fulfill the above purpose or to enhance the user experience.

C. REGISTRATION:

Registration with the Platform is by way of creating user ID. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you as well as for authentication of all documents uploaded by you at the time of registration with the Platform and afterwards.

You hereby agree that the company may contact you either electronically, through phone or through its online and offline centers or associates, to understand your interest in the selected products and services and to fulfill your demand. You also agree that the company /the platform reserves the right to make your details available to its partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone, SMS and/or any other mode of communication. 

You hereby specifically grant a consent to receive, Transactional or Service Explicit/Implicit communications, promotional materials and/or special offers from the company through email, SMS and/or any other mode of communication.

D. USER ACCOUNT, PASSWORD, AND SECURITY:

If You use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

You agree to immediately notify us of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session

E. PROPRIETARY RIGHTS:

You acknowledge and agree that the company owns all legal rights, titles and interests in and to the Platform and the Services offered herein, including any intellectual property rights which subsist in the Platform, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). All the content displayed on the Site is the sole property and is in the exclusive right, title and ownership of the Company; it may be noted that the term “Company” in context and meaning to the preceding line shall means and be interpreted as the respective institutes, organizations, publications etc., shall continue retaining their respective IPR and proprietary rights of their respective IPRs being published, accessed, hosted etc., on the platform. The copyright exists in the content on the Site as well as the Site itself is and shall always remain in the sole custody, possession, control and ownership of the Company. Copyright for this purpose includes registered as well as any unregistered copyright. You further acknowledge that the Platform/Services may contain information which is designated confidential by the company and that you shall not disclose such information without the company’s prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform and/or the Services.

The trademarks, logos, designs and service marks (“Marks”) displayed on this Site are the property of the Company (and/or the respective institutes, organizations, publications etc., respectively) and shall always remain the sole property of the Company. Trademarks and domain name of the Site also vests with the Company. Trade marks that have been applied for registration and the unregistered trademarks shall also be the sole property of the Company. You do not have the right to use any of the company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Platform. You will not copy or transmit any of the Services, components of service, data, details or information. You are strictly prohibited to modify, copy, alter, change, distribute, display, publish, transform, transfigure and/or mutate any part of the Platform and/or the Services outside the platform and/or in any manner apart from the one permissible on the platform from time to time.

Company’s websites (current as well as any other launches of future) respect the intellectual property rights of our users, Content Providers, organizations, institutes, publications and other third parties and expects our users to do the same when using the Services. Users shall be equally bound by confidentiality clauses and all other applicable clauses towards maintaining the sanity of the meaning of the clauses mentioned in this agreement, not only towards the company but also towards the respective content providers, source code providers, service providers, 3rd party etc., but not limited to. 

F. LICENSE AND PLATFORM ACCESS/USAGE OF THE PLATFORM:

The company grants you a limited license to access and make use of the Platform, the Products/Services offered purely for commercial purpose only. 

This license does not include any copying of any kind of information or in any forms such as extract or reformatted for the benefit of another individual, vendor or any other third party who have not subscribed for the platform’s services; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party) outside the application; uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the company’s sole discretion) an unreasonable or disproportionately large load on the company’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.

You may not bypass any measures used by the company to prevent or restrict access to the Platform and/or the Services. Any unauthorized use by you shall terminate the permission or the limited license granted to you by the company and shall entail charges of compensation to be paid by you as may be determined by the company.

By using the Platform, you (user) agree not to:

1. Use this Platform or its contents for any purpose other than as defined in the Platform;
2. Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
3. Access, monitor or copy any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. Violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Platform;
5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

6. Deep link to any portion of this Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
7. “Frame”, “Mirror” or otherwise incorporate any part of this Platform into any other Platform without our prior written authorization.
8. Use, post etc., any content which is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force. Such act may constitute of criminal proceedings against the user at his/her own risk, damage and consequences. Notwithstanding the fact that recorded contents or other parties involved in creating, producing, or delivering the Site may monitor or review any links to the Site, company and such parties assume no responsibility or liability which may arise from the content thereof is harmful to child and/or impersonates any other person Infringes any patents, trademarks, copyrights, Proprietary rights and /or violates any law for the time being in force
9. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
10. Breach any restrictions, guidelines that may be imposed by competent authorities from time to time
11. Use Downloaded Content upon or after the expiration of the Use Period and acknowledge that any expired Download Content will be automatically deleted from User without further notice to user
12. Remove any proprietary notices or labels on the Site or Site Content.
13. Use the Site, Site Content or Service, or any portion thereof, for any purposes which are unlawful in any nation or jurisdiction in the world or for any commercial purpose whatsoever.
14. Use the Site, Site Content or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction

G. YOUR ACCOUNT

You represent and warrant that you/ user on whose behalf this account is being created /to be created and used (Parent or Legal Guardian; shall be jointly, severally and interchangeably used as “You”, “Your” etc.), are of legal age and not a minor, competent to contract, having a sound mind, and under no coercion or undue influence of any person or substance or incapacitated in any manner whatsoever to form a binding contract and are not a competitor of the company or in any way or manner associated with competitor or potential competitor or a person barred from receiving the Services offered by the company under the laws of India or other applicable jurisdiction. You will use the Platform to make legitimate use for you or for any another person for whom you are legally authorized to act (and will inform such other persons about the Agreement and/or Privacy Policy) that apply to the use of the Platform and the Services on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as required by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the company has the right to refuse and/or deny access of any and all existing or future use by you of the Platform (or any portion thereof).

Notwithstanding the above, the company retains the right at its sole discretion to deny access to anyone to the Platform and/or the Services it offers, at any time and for any reason, including, but not limited to, for violation of the Agreement or Privacy Policy or any other policy that maybe in force with or without reason.

User shall be responsible for creation and saving of their own user Id and password (Strong password containing alpha numeric usage along with special character should be used) and company recommends the same to be changed at regular periodic intervals.

H. OUR PARTNERS & CONSENT

The company’s display on or through the Platform of any product options or by any other mode of communication (whether public or private) offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of the company of any such third parties or of their products. The company does not, through its Platform display, content or in any other manner, provide any recommendation, opinion or advice to you on the third parties or their products. You agree that the company and the Platform is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. It is specifically clarified that the only role that the company is playing through its Platform is as mentioned in the services / purpose and any interaction with such third party introduced through the Platform is at your own risk, and the company will have no liability or responsibility with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, non-performance, delays, defaults, any loss of business or profit or other damages or expenses resulting from your interactions with such third parties.

You hereby undertake and confirm that the information and data furnished by you to the platform is true and correct. Pursuant to this agreement, you acknowledge and confirm that you have consented to share sensitive data provided by you with platform as well as any partners of the platform in future. By registering and proceeding with the Application, you hereby authorize the platform and give your consent for the purposes as may be envisioned by platform from time to time.

While company takes the best in industry measures to safeguard user’s data, it clearly disclaims any obligation as may be imposable onto company. Company reserves the right to delete the entire data of user at any point of time wherein a breach to the stated terms is found, at sole discretion of the company. Company further reserves the rights to segment different user categories like patron users and others etc., and store the information in an archived manner and/or delete the same upon expiration of the subscription / license period. Company hereby confirms that upon request of user for deletion of his/her respective data, company upon evaluation and the then existing rules of retaining data, shall do the needful as requested by user. 

I. LOCAL LAWS

The company controls and operates this Platform from its headquarters in Ahmedabad (Gujarat), India and makes no representation that the Services offered on the Platform are appropriate or available for use in other locations or jurisdictions. If you use this Platform from other locations/jurisdiction, you are responsible for compliance with applicable local laws (including the taxation aspect, Fiscal and Economic Laws) and regulations including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Platform are solely directed to individuals, companies or other entities interested to getting on boarded onto platform for the services as may be enlisted therein from time to time. By agreeing to these terms and conditions of use, you confirm and undertake that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as more specifically set out herein and/or in Part B (Special and Additional Terms and Conditions) as the case maybe.

J. SUBMITTED CONTENT

The company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials (“Materials”) of any kind made available by you through the Platform; however, there are various institutions which may have been on-boarded as one of the key user group of this platform which has subscribed for various 3rd party contents. These contents are owned by respective 3rd party content providers, publishers etc., and platform in no way claims ownership, accuracy, veracity etc., of such content which may be subscribed or made available by institutions and/or by such 3rd party publishers. At the company’s sole discretion, such Materials may be included in the Services in whole or in part or in a modified form. With respect to such Materials, you submit or make available for inclusion on the Platform, you grant the company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials or any part thereof (as well as use the name that you submit in connection with such submitted content) unless specially agreed otherwise by the company. 

You hereby represent, warrant and covenant that any Material you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. In case any liability arises on the company then you shall be solely liable and shall indemnify the company. We take no responsibility and assume no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for genuineness, veracity and authentication of the Material and content you submit.

You are prohibited from posting or transmitting, including but not limited to the following, to or from this Platform:

1. Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services) unless specifically required by the company;
2. Any unauthenticated or manipulated data (in any form) leading to forgery or business deal failures.

Apart from the above four mentioned clauses, this section also includes all the clauses (related to uploading and usage of content on/to platform) mention under title “Platform-Provided Message Postings (Including Forum)” in the document below.

Any noncompliance/breach/infringement of the above shall entitle the company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.

K. LIMITATION OF LIABILITY

The company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers (hereinafter referred to ”The company’s Associates”) will not be responsible or liable for:

(a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:

1. any failure or delay (including without limitation the use of or inability to use any component of the Platform), or
2. any use of the Platform or content or Services, or
3. the performance or non-performance by us or the company’s Associates, even if we have been advised of the possibility of damages to such parties or any other party, or
4. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
5. user content or the defamatory, offensive, or illegal conduct of any third party

(b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service/content from the Platform.

(c) any unanticipated, unforeseen damages, risk and/or claims that may arise due to usage of this platform

In no event shall company, its affiliates, directors, employees, advisors, service providers and/or licensors etc., be liable to user for any claims, proceedings, liabilities, obligations, damages, losses and/or costs in an amount exceeding the amount user / client has paid to company hereunder.

L. INDEMNITY

You agree to indemnify, release and hold harmless the company and the company’s Associates, employees, advisors, third party service providers from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to breach of this Agreement, violation of any law or the rights of a third party, or use of the Platform/Services.

M. ELECTRONIC COMMUNICATION

When you use the Platform, you are communicating with the company electronically. You consent to receive communications from the company electronically. The company may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to visit our terms and condition & Privacy policy on company’s website periodically (at least once in a year) and in case you do not agree to the same, kindly cease the usage of the platform immediately.

N. PLATFORM-PROVIDED MESSAGE POSTINGS (INCLUDING FORUM)

The Platform may provide users with the ability to post messages on the Platform. The Company is under no obligation to validate in any manner to review any messages, information, data or content (“Postings”) posted on the Platform by users and assumes no responsibility or liability relating to any such Postings.

Notwithstanding the above, the Company may from time to time monitor the Postings on the Platform and may decline to accept and/or remove any Postings. You understand and agree not to use any functionality provided by the Platform to post content or initiate communications that contain:

1. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, terrorism, religious harmony, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
2. Advertisements or solicitations of any kind;
3. Impersonate others or provide any kind of false information;
4. Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.;
5. Messages by non-spokesperson employees of the company purporting to speak on behalf of the company or containing confidential information or expressing opinions concerning the company;
6. Messages that offer unauthorized downloads of any copyrighted or private information;
7. Multiple messages placed within individual folders by the same user restating the same point;
8. Chain letters of any kind; or
9. Identical (or substantially similar) messages to multiple recipients, advertising any product or service, expressing a political or other similar message(s), or any other type of unsolicited commercial message.

This prohibition includes but is not limited to:

1. Using the Platform to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
2. Using the Platform to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and/or
3. Sending messages to distribution lists, newsgroup aliases, or group aliases

O. BLOGS

The Company May post blogs on its Platform, which may be written by the Company or its contributing authors. The Company Blogs and their contents are made available for informational and educational purposes only, and do not provide any legal, business, professional or tax advice. You agree and understand that your use of the company’s Blogs does not create an attorney-client relationship, and the contents of the company’s Blogs do not constitute legal advice. Information provided through Blogs may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. The company and all contributing authors to Blogs expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of Blogs, and you agree that by visiting and viewing Blogs, the company, the company’s Associates and the contributing authors to Blogs are not liable or responsible for the contents of the blogs.

 The information provided and comments posted in Blogs are exclusively the personal views of the authors, unless otherwise attributed. Information and comments provided through Blogs do not necessarily represent the views of the company or Blog editors and should not be attributed to them unless expressly indicated. The posting of an item on Blogs does not mean that the company or Blog editors approve or disapprove of the selection or contents of that item.

The text, graphics, and their selection and arrangement on Blogs are the copyrighted works of the company and/or its licensors, as applicable. All rights are reserved.

No articles on the Blog may be reproduced without the express written permission of the company. If the company does grant permission to a Platform to reproduce a portion of an article, the text must be accompanied by a link to the full article on the Blog. The text must also be accompanied by a statement asserting that the text has been reproduced with the permission of the company. The company may terminate a grant of permission at any time if it determines that such grant is no longer in the best interests of the company. To obtain a permission to reproduce the article and/or in case of any queries pertaining to functioning of the platform, kindly write to the email id as may be mentioned in Contact us / Support Segment of Platform, from time to time.

P. LINKS AND BROWSER EXTENSION

The Platform or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. As the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such third party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third party content, advertisements, products or other materials on or available from such third party sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such third party site or resource. Company reserves the rights to store and process the browsing history as may be required for internal analysis purposes. 

Q. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.

R. MODIFICATION AND NOTIFICATION OF CHANGES

The company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, this Agreement (all sections) and the Privacy Policy at any time. If the company makes a material modification to this Agreement, you are advised to refer this Agreement from time to time. If you choose to continue using the Platform, you agree that by doing so you will be deemed to accept the Agreement.

S. SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.

T. YOUR TELEPHONE CALLS

Telephone calls that you make to our customer service help line on the numbers mentioned in the Contact Us section of the Platform or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our services to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the Contact Us section of the Platform. Your telecom provider will charge you at local rates for calls made to non-toll-free numbers. Any solicitation talks shall not be entertained and you as a user of the Platform are bound to maintain the dignity as a tele-talker. All rules and regulations as applicable to telephone calls/Tele Talks in this regard shall apply and you as a user are bound to comply with the same

U. FEEDBACK

Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future the company programs. Please do not reveal trade secrets or other confidential information in your messages to the company. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Platform to the extent possible.

V. ADDITIONAL TERMS AND CONDITIONS ON CERTAIN SECTIONS OF THE SITE

In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Platform for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/sections. By accessing these categories/ sections, you agree to be bound by any such special and additional terms and conditions. In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence.

PART B: SPECIAL AND ADDITIONAL TERMS AND CONDITIONS

[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to an service applicant. In Case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.] 

All registered users shall ensure compliance with the following terms and conditions at all times through the Platform of the company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires):

A. CONFIDENTIALITY

The provisions of this Section are in addition to the provisions of the Privacy Policy required to be accepted by the user. All information shared by the user as a registered account holder with the Platform and/or the company shall deem to be confidential information and the Platform has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected.

However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality of the same as per the applicable laws and shall be liable in case of any breach. 

The Platform shall have the right to share the user information with the 3rd parties, service provider, regulatory and/or statutory authorities and/or any other agency as maybe required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need to know basis.

All information shared by third parties with the user on the Platform shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the user’s end leading to any third party claims on the user, the company and/or the Platform shall be handled and settled by the user at its own cost and expense and the company shall not be responsible or liable for the same.

B. INDEMNITY

A breach or noncompliance of these Special Terms and Conditions by the user can cause severe and irreparable loss and damage to the company, the Platform and/or a third party. The company and the Platform reserve their right to recover all losses, costs and expenses incurred in case the users’ breaches or fails to comply with any of the provisions of this Part B.

C. DISPUTE RESOLUTION

Amicable Settlement

If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use, Part A, B and Disclaimers) the disputing Parties hereto shall endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.

Arbitration

If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.

The arbitration shall be conducted and managed by the Arbitration and Conciliation Act 1996 as amended by the Arbitration and Conciliation (Amendment) Act 2015 as in force. All disputes and questions whatsoever which shall arise either during the currency of this Agreement or afterwards, between the Parties concerning this Agreement to a single Arbitrator in case the Parties agree upon one. Otherwise each party will appoint one Arbitrator within fifteen (15) days and both the arbitrators shall jointly appoint the presiding arbitrator within a period of ten (10) days. The panel of the three arbitrators shall attempt to resolve the Dispute within a period of thirty (30) business days from reference. The decision of the arbitrators shall be final and binding on the Parties.

The place of arbitration shall be Ahmedabad (India) and all arbitration proceedings shall be conducted in the English language. Judgment upon any arbitral award rendered hereunder may be entered in court, having the above jurisdiction at Ahmedabad, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.

The Courts at Ahmedabad, India shall have sole and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing interpretation of these arbitration provisions.

Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a ZERO COMPLAIN (from any jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein.

D. GOVERNING LAWS AND JURISDICTION

This Agreement (Terms of Use-including part A and B) and the relationship between you and the company will be governed by the laws of the India without regard to its conflict of law provisions. Subject to the above, the courts located in Ahmedabad (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement.

Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a Zero Complain/ Zero FIR (from any Jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein and/or in the Special and Additional Terms and Conditions as the case maybe.

E. PURCHASES

MyTelfon, from time to time may offer products and services for purchase (“in app purchases”) through the App Store, Google Play Store, carrier billing, MyTelfon direct billing or other payment platforms authorized by MyTelfon. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as the Google Play Store or App Store (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize MyTelfon or the third party account, as applicable, to charge you. 

Auto-Renewal; Automatic Cart Payment: 

If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, your subscription will automatically continue for an indefinite period of time, at the price you agreed to when subscribing unless you cancel your subscription before the renewal date. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.

Objections to a payment already made should be directed to Customer support if you were billed directly by MyTelfon or the relevant third party account such as the App Store. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on MyTelfon or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts. 

If you want to change or terminate your subscription, it is easiest to log in to your third party account (or Settings on MyTelfon, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the MyTelfon application from your device. 

Deleting your account on MyTelfon or deleting the MyTelfon application from your device does not terminate or cancel your subscription; MyTelfon will retain all funds charged to your Payment Method until you terminate or cancel your subscription on MyTelfon or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. 

For our members who reside in Germany, you may terminate your subscription after it has renewed with a notice period of one-month, and your right to terminate for cause remains unaffected. 

Additional Terms that apply if you pay MyTelfon directly with your Payment Method: 

If you pay MyTelfon directly, MyTelfon may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, MyTelfon may terminate your account immediately in its sole discretion.

You may edit your Payment Method information by visiting MyTelfon and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to MyTelfon will be through MTCH Technology Services Limited. 

Virtual Items. 

From time to time, you may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items”, which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, “Virtual Items”). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when MyTelfon ceases providing the Service or your account is otherwise closed or terminated. MyTelfon, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. MyTelfon may manage, regulate, control, modify or eliminate Virtual Items at any time. MyTelfon shall have no liability to you or any third party in the event that MyTelfon exercises any such rights. Virtual Items may only be redeemed through the Service. 

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. 

The provision of Virtual Items for use in the Services is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. 

YOU ACKNOWLEDGE THAT MYTELFON IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.  

Pricing. 

MyTelfon operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options

F. WARRANTIES

The company reserves the right to discontinue or alter any or all of website services, and to stop publishing website, at any time at company’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

No warranty:  The company sites, services, and software are provided “as is,” with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The company disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the solutions & services, including information or advice obtained through the company.

Other than as expressly set out in these terms or additional, in no event shall Company, its officers, directors, employees, advisors, vendors, service providers and/ or agents, be liable to the user 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 users access to and use of our service, (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 servers, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via the Company’s client, whether based on warranty, contract, tort, or any other legal theory, and whether or not company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions may allow the prudence and enforceability of certain warranties, like the implied warranty of services fitness for a particular purpose etc.; however, to the extent permitted by law, company excludes all such warranties and strongly advises user to proceed with usage of the platform only if he/she agrees with the Terms and Conditions and Privacy Policy of the company as stated herein.

Although the Application may link to other websites (“External Sites”), company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless otherwise specifically stated herein. By accessing company’s portal/application/website, User acknowledge and agree that company has not reviewed the External Sites and is not responsible for the content contained on any External Site. User access and use of any External Site is at Users own risk, damages and consequences. The Site may contain information or advertising for third parties. Company expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site. Company shall not be deemed to have considered, reviewed, screened or approved any such third party communication.

G. TERMINATION

In addition to any other rights of the parties set forth herein, Company may in its sole discretion, restrict, suspend or terminate User access to the Content and Service, in whole or in part and without notice, even if the end client / customer continues to offer access to the services of portal Content and Service to its other members or representatives. If User terminates User access to the Application and/or Service based on a breach of any portion of these Terms, Company reserves the right to refuse to provide other services to User in the future, even if User subscribes to such services and offers the benefits of such subscription to its other members or representatives.

H. FORCE MAJUERE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

You hereby accept the above Special and Additional Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the company, the Platform and/or its representatives to take necessary action against me/us. You hereby declare that you are of major age and an individual or an entity legally capable and compatible to enter into this Agreement / contract.

You hereby confirm by clicking on “I Accept” [ ] for having read and understood the Agreement (Terms of Use, all sections – Part A & Part B, Privacy Policy, and Disclaimers, are construed to make total and complete agreement) and accept the same in its entirety. You agree to be bound by all the provisions and sections of this Agreement (as applicable to you). Any breach, violation or non-compliance of the same shall entitle the Company, its representative and/or the Platform to take necessary action including legal action against me/us.

You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.