This is a legal agreement between You and Telebrands India.com (hereinafter referred to as "Telebrands India" or "we" or "us"). If Telebrands India accepts your Account Registration, you will become a "User" having access to the Site and Services only under the policies, terms and conditions below.
For convenience, we will refer to Telebrands India website, "Mail" (any email you send from your User account to another User), "Chat" (any live chats conducted between you and another User), and any other content therein as the "Site." We will refer to any advice, information, entertainment and other products or services you may receive from other Users or their listings on the Site as the "Services." All Users, whether they access the Site or provide or receive Services from other Users, will be referred to as "Users."
To the extent that there are any conflicts between the terms or conditions in such policies and this User Agreement, the terms and conditions of the User Agreement shall govern.
The policies, terms and conditions below limit Telebrands India's liability and obligations to you, and Telebrands India may change, suspend or terminate your access to and use of the Site and Services at any time at Telebrands India's sole discretion if you violate any terms and conditions of this User Agreement and Telebrands India's policies. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. The following policies and rules are incorporated into this User Agreement by reference and provide additional terms and conditions:
Privacy Policy
User Service Rules Policy.
Refund Policy.
Payment Policy.
Modification & Termination Policy.
Telebrands India Role Policy.
Content Policy (Anti-spam, sexually oriented content, defamation & libel).
User Agreement Policy.
Telebrands India Disclaimer & Warranty Ploicy.
Telebrands India IPR Poliy.
Links to other websites.
User Consent Policy.
Telebrands India Assignment Policy.
Independent Parties to Contract Policy.
Disputes Resolution Policy.
Miscellaneous.
By creating an account or otherwise using the site (as defined below) and any services (as defined below), you are agreeing to be bound by this user agreement. If you do not agree to accept this user agreement in its entirety, you should not access or use the site or services.
You own all of the content and information you post on Telebrands India.com, and you can control how it is shared through your privacy and application settings. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Telebrands India (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.
When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Telebrands India, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Telebrands India, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
1. Eligibility to use the Site and Services is limited.
The Site and Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Services are not available to Users who do not have a valid User Agreement in effect, or who Telebrands India has suspended from use of the Site or Services. Also, you shall also not use this Site or Services if your use is prohibited by the laws of the land or any other country.
2. You consult with Users or provide Services at your own risk.
a. Telebrands India does not evaluate, provide, produce or control the Services, or information or exchanges between Users, in any manner. Although User listings may contain verified credentials, the verification services are provided by third parties. Telebrands India does not itself provide any advice, information or entertainment services or verify, guarantee or make any representations regarding the credentials, identity or qualifications of any User. Telebrands India will not be held responsible for any User's failure to comply with laws or regulations concerning the content of listings. Telebrands India provides a technology service that allows Users to share advice, information and other products or Services among themselves. Although Telebrands India helps its Users connect with each other, it does not monitor the advice exchanged, and, as a result, Telebrands India does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Users, including without limitation any information contained in User listings or made available through this Site.
The Site is not intended for use as a payment service to exchange goods. Telebrands India is not responsible for the use or exchange of any information, files or goods between Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services, in evaluating the qualifications of, and statements made by Users in listings or through the User feedback system, and in disclosing personal information to other Users. Telebrands India prohibits any User from requesting that another User disclose personal contact information. If you voluntarily disclose your own personal contact information to another User, you do so at your own risk.
Placement of a User in a particular category does not mean that they are qualified in any such area or category. Telebrands India assumes no responsibility for monitoring any User feedback or otherwise policing its Users in any way. If you ever believe that a User has violated the law or is defrauding, threatening or endangering anyone, Telebrands India urges you to immediately contact the law enforcement, welfare services or other appropriate authorities directly for help. In addition, Telebrands India prohibits Users from using the Site or Services to solicit other Users to meet with them in person. If you do meet with other Users, you do so at your own risk.
b. Telebrands India does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information, entertainment services or other products or services provided by Users, or any specific User or Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any User or group of Users by Telebrands India. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Services. Users who initiate, receive and/or discontinue use of the Services do so entirely at their own risk, and Telebrands India bears no responsibility in this regard. In accordance with its Privacy Policy, Telebrands India does not monitor live telephone conversations between Users. However, Telebrands India reserves the right to monitor pre-recorded calls, review Mail and Chat and to contact Users in order to evaluate compliance with the rules and policies set forth in this User Agreement and to take other action as set forth in the Privacy Policy. Therefore, we urge you to review and understand the Privacy Policy. As part of this User Agreement you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by its terms.
c. If you have a dispute with another User, or suffer any harm arising out of or connected with any Services provided by another User, you hereby waive all claims against and release Telebrands India (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such other User or his/her Services or with regard to disputes relating thereto.
Telebrands India may modify this User Agreement, or suspend or terminate your use of the Site or Services, at any time.
Telebrands India may modify this User Agreement, or suspend or terminate your use of the Site or Services, at any time. Any User with an existing Account will be asked to confirm acceptance of the new terms upon his/her first visit to use the Site or Services after posting of the change as a condition of continuing to use the Site or Services. If a returning User does not agree to the new terms, such User may cease using the Site and Services and cancel his/her Account as the User's sole remedy.
Without limiting other remedies, Telebrands India may at any time suspend or terminate your right to use the Site or Services for any inappropriate activity as determined by Telebrands India in Telebrands India's absolute and sole discretion. In addition, Telebrands India may /or authorities or take any actions it deems appropriate or as required by law if Telebrands India: (i) suspects that you have failed to comply with any provision of this User Agreement or any policies or rules established by Telebrands India; (ii) suspects that your actions may be illegal or cause liability, harm or disruption for you, other Users, Telebrands India or the Site. You have the right to cancel your User Agreement at any time by selecting "Cancel Account" in the subject line.
Telebrands India acts only as an interface to facilitate communications initiated between Users. As a User, you are not an employee, agent or contractor of Telebrands India, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Services, obtaining any licensing required to provide Services or use the Site. Telebrands India accepts no responsibility for reporting to law enforcement agencies any threats made by Users to harm themselves or third parties or take any illegal action. Any such responsibility lies with the User alone.
We do our best to keep Telebrands India safe, but we cannot guarantee it. We need your help to keep Telebrands India safe, which includes the following commitments by you, in using or accessing the Site or Services, you agree to comply with the following:
a. You are solely responsible for the content provided and the content on listings created under your User account.
b. You will not post unauthorized commercial communications (such as spam) on Telebrands India.
c. You will not collect users' content or information, or otherwise access Telebrands India, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
d. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Telebrands India.
e. You will not upload viruses or other malicious code.
f. You will not solicit login information or access an account belonging to someone else.
g. You will not bully, intimidate, or harass any user.
h. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
i. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
j. You will not use Telebrands India to do anything unlawful, misleading, malicious, or discriminatory.
k. You will not do anything that could disable, overburden, or impair the proper working or appearance of Telebrands India, such as a denial of service attack or interference with page rendering or other Telebrands India functionality.
l. You will not facilitate or encourage any violations of this Statement or our policies.
m. You will not record or otherwise copy or store any live or pre-recorded voice call or Chat that you receive through the Site, including any Paid Mail. You will not record or otherwise store any voice call you conduct with a User. Notwithstanding the foregoing, Users may record and store their own pre-recorded voice calls (each, a "Recorded Listing" as described further on the Help page of the Site) to User in accordance with the User Service Rules Policy.
;n. You will not "frame," "mirror" or otherwise copy any portion of the Site without Telebrands India's express written authorization.
o. You will not use the Site for any purpose that is, or depict any content that is, unlawful, fraudulent or contrary to this User Agreement and the policies of Telebrands India, and you will cooperate fully with Telebrands India to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Telebrands India representatives access to any password-protected portions of your User account.
p. You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
q. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
r. You will not create obscene, offensive, tasteless, defamatory or hateful Usernames or content for listings.
s. You will adhere to all applicable laws and regulations governing your actions in connection with the Site and for the provision of Services, including for meeting the requirements of applicable professional licenses and applicable advertising laws, regulations and guidelines.
t. You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the User Agreement and Telebrands India policies.
In using the services, you agree that:
a. Telebrands India shall own all right, title and interest in Services and the Site, its entire contents and functionality, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, phone numbers, toll free numbers and number extensions together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto, created by or derived from the Site. Except as noted below, you are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Telebrands India or any third party.
b. You understand and agree that (i) you will have no right, title and interest to any of the toll free numbers, phone numbers or extension numbers assigned to you (ii) that Telebrands India may change your toll free number, phone numbers and/or extension number at any time in its sole and absolute discretion (iii) you will have no right, title and interest to any User listing name and (iv) that phone numbers, toll free numbers, extensions and User listing names may be recycled by Telebrands India to other Users if you are not actively using them or your User account has been terminated. Further, you hereby grant to Telebrands India, its distribution partners, affiliates, and similar third party website/media providers of Telebrands India's choice, the non-exclusive right and license to do the following with any information you post for public display via the Site or Services, all as part of delivering its Services and for related advertising of the Site and Services: use, copy, distribute, display or reference in any media form, whether now existing or later developed, your listing information, including without limitation, your listing name, tags, descriptions, photos, Telebrands India buttons, phone numbers and extensions, or your User information, including without limitation, your user name, registration date, conversation lengths, and submitted ratings and/or written feedback for Services.
c. As a User, you are granted a nonexclusive, nontransferable, revocable and limited license to access and use the Site and Services in accordance with this User Agreement. Telebrands India may terminate this license at any time for any reason whatsoever. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site or any portion thereof.
The site and any services or goods obtained through the site are provided "as is" with no warranty of any kind. Telebrands India and its suppliers expressly disclaim all warranties, express or implied, regarding the site, services and all communications between users made through the site, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. In addition, Telebrands India makes no representation or warranty that the operation of the site will be error free. Such warranty is enforceable to the fullest extent of the law. To the extent that any jurisdiction limits this warranty, it is only limited to the extent required by such law, and any remaining portion of the warranty shall remain valid and in effect.
Telebrands India prohibits the unauthorized use of copyrighted materials and trademarks.
You shall not use the Site or Services to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks, or otherwise violates or promotes the violation of the intellectual property rights of any third party. "Telebrands India" and all related names, logos, product and service names, designs and slogans are trademarks of Telebrands India or its affiliates or licensors. You must not use such marks without the prior written permission of Telebrands India. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to legal@Telebrands India.com.
Your physical or electronic signature.
Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive Infringement Notices is: Telebrands India.com
Plot No. 168-A, Road No. 25,
MIDC, Wagle Estate,
Thane 400 604.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat copyright infringers.
The Site may provide links to websites operated by third parties. Telebrands India is not responsible for the content, terms and conditions and/or policies on such websites. If you decide to visit any linked website, you do so at your own risk. Telebrands India makes no warranties, either express or implied, concerning the content of any linked website, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Telebrands India warrant that such website or content is free from any claims of copyright, trademark or other infringement or that such website of content is free from viruses or other contamination.
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. You hereby consent to give us the permission to use/sell your content/information to advertisers.
You consent to the use of (a) electronic means to complete this User Agreement, to use the Site and Services and to provide you with any notices given pursuant to this User Agreement, and (b) electronic records to store information related to this User Agreement or your use of the Site. You understand and agree that this User Agreement and any notices given pursuant to this User Agreement are enforceable in electronic format.
You shall not assign this User Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Telebrands India, which may be withheld in its sole discretion. Any such purported assignment or delegation by you without the appropriate prior written consent of Telebrands India will be null and void and of no force or effect. Telebrands India may assign this Agreement or any rights hereunder without your consent.
Relationship of the parties.
Notwithstanding any provision hereof, for all purposes of this User Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
If anyone brings a claim against us related to your actions, content or information on Telebrands India, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Telebrands India and are not responsible for the content or information users transmit or share on Telebrands India. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Telebrands India. We are not responsible for the conduct, whether online or offline, of any user of Telebrands India.
We try to keep Telebrands India up, bug-free, and safe, but you use it at your own risk. We are providing Telebrands India as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Telebrands India will always be safe, secure or error-free or that Telebrands India will always function without disruptions, delays or imperfections. Telebrands India is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to Telebrands India through Arbitration under Arbitration and Conciliation Act, 1996 and the Award of the Arbitrator shall be final in this regard.
This agreement shall be subject to exclusive jurisdiction at Courts in Thane, Maharashtra.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Telebrands India's failure to act with respect to a breach by you or others does not waive Telebrands India's right to act with respect to subsequent or similar breaches. The failure of Telebrands India to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This User Agreement and any dispute arising between you and Telebrands India shall be governed by and interpreted in accordance with the laws of the land. You agree that this User Agreement and the policies incorporated herein, and Telebrands India's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Telebrands India. This User Agreement, together with the rules and policies of Telebrands India, constitutes the entire agreement between Telebrands India and you with respect to the subject matter hereof.
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