Terms & Conditions
www.mphone.in (hereinafter referred to as ‘Website’ or “Service”) is developed and operated by mPhone Electronics and Technologies Pvt. Ltd, a company incorporated under the Companies Act, having its office at
- By accessing this web site/service, you agree to be bound by these terms & conditions (Hereinafter referred to as “terms”). We recommend that you read these Terms and Conditions prior to using our Website/service and thereafter regularly review any changes and you are responsible for doing so. If you do not accept these Terms and Conditions you must immediately stop using the website/service and access to the website/service may be denied.
- At the time of registering to use or using our website/service you may be asked to enter your name, your age, gender, e-mail address, phone number or other information.
- To access and view the website/service, you must be at least 18 years old. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors are not authorized to use the website.
The contents of this website/service do not constitute advice and should not be relied upon in making or refraining from making, any.
- We communicate information provided and created by advertisers, listing agencies, publishers, users, resellers, third parties. We have no control over the accuracy, legality, legitimacy, validity or reliability of such information on the Site, which may also include technical inaccuracies or typographical errors.
- We make no guarantee, nor do we take any responsibility for the Content, including its quality, copyright compliance or legality, or any resulting loss or damage. The Content not limited to the availability of any product or service or any feature thereof, is subject to change without notice.
- We reserve the right, at our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site.
REVIEWS, RATINGS & COMMENTS BY USERS:
- You are solely responsible for the content of any transmissions you make to the Website or any transmissions you make to any mediums offered by the Website and any materials you add to the Website or add to any mediums offered by the Website, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the "Communications"). We do not endorse or accept any of your Communication as representative of our views. By transmitting any public Communication to the Website, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
- You confirm and warrant that you have the right to grant these rights to use. You hereby waive and grant to us all rights, including intellectual property rights and also "moral rights" in your Communications, posted on our Website through any of the mediums of the Website. We are free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also, we reserve the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
- We have the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. We cannot review all Communications made on and through any of the mediums provided by us. We reserve the right, but have no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which we in our sole discretion, deem inappropriate, offensive or contrary to any Website’s policy, or that violate these terms.
- We reserve the right not to upload or distribute to, or otherwise publish through the Website or Forums any Communication which is (a)obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive; (b)constitutes or contains false or misleading indications of origin or statements of fact; (c)slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party; (d)causes injury of any kind to any person or entity; (e)infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party; (f)violates any applicable laws, rules, or regulations; (g)contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h)impersonates another person or entity, or that collects or uses any information about Website visitors.
- It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then We reserve the right to take appropriate legal action against you. Further, you shall indemnify and protect us against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments. We take no responsibility and assume no liability for any content posted by you or any third party on the Website.
- You further acknowledge that conduct prohibited in connection with your use of the Website includes, but is not limited to, breaching or attempting to breach the security of the Website.
THIRD PARTY LINKS, WEBSITE'S AND SERVICES:
The Website/Service may include links to third party website's, advertisers, services, special offers, or other events or activities that are not controlled and maintained by us. Any link to such third party websites is not an endorsement of such website, advertisers, services, special offers, or other events or activities and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
PROPRIETARY RIGHTS AND LICENSE:
- All trademarks, copyright, database rights and other intellectual property rights of any nature in the Website/Services together with the underlying software code are owned either directly by us or our licensors.
- We hereby grant you a worldwide, non-exclusive, royalty-free revocable license to use the Website/Service for your personal use in accordance with these terms.
CONDITIONS OF USE:
- You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website; or (iii) create derivative works of the Website of any kind whatsoever.
- The Website/Service wherever made available to you free of charge is for your personal, non-commercial use. We reserve the right to amend or withdraw the Website, or charge for the Website or service provided to you in accordance with these terms, at any time and for any reason.
- You acknowledge that the terms of the agreement with your respective network provider (‘Service Provider’) will continue to apply when using the Website/Services. As a result, you may be charged by the Service Provider for access to network connection services for the duration of the connection while accessing the Website or any such third party charges as may arise. You accept responsibility for any such charges that arise.
- We may terminate use of the Website/Service at any time by giving notice of termination to you.
- Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Website/Service.
LIMITATION OF LIABILITY:
- You expressly acknowledge and agree that use of the service and the website is at your sole risk. The service and the website are provided on an "as is" and "as available" basis.
- In no event shall we be liable to any user on account of any use, misuse or reliance on the site for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if we are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the site. We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, content, product, services, or processes disclosed on the site or any other material or information accessible from the site.
- You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service or website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
In the event that any provision of these terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, We shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from these terms and the remaining provisions of this Agreement shall remain in full force and effect.
The user is not entitled to assign any of its rights or obligations under this terms and conditions to any third party without our prior written consent.
GOVERNING LAW, JURISDICTION AND ARBITRATION:
These Terms and Conditions shall be construed in accordance with the laws of India. Courts in Kerala shall have exclusive jurisdiction. Any dispute, arising out of these Terms shall be settled by arbitration in accordance with the Rules of Arbitration and Conciliation Act, 1996 in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The venue and seat of arbitration shall be Cochin, Kerala and the proceedings shall be conducted in English language.
These terms and conditions, together with any documents expressly referred herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous oral or written communications between the parties relating in any way to the subject matter hereof.