Terms of use

Terms of Use

MOBIPROM

Welcome

THIS IS A LEGAL AGREEMENT BETWEEN YOU WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY ("USER" OR "YOU") AND PROM TELESOFT PRIVATE LIMITED (MOBIPROM) AND ITS AFFILIATED COMPANIES (COLLECTIVELY, THE "MOBIPROM" OR "WE" OR "US" OR "OUR") STATING THE TERMS THAT GOVERN YOUR USE OF THE MOBIPROM SOLUTIONS AND SERVICES THROUGH MOBIPROM OFFICIAL WEBISTE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF MOBIPROM’S WEBSITE POLICIES - COLLECTIVELY CONSTITUTES THE "AGREEMENT" BETWEEN YOU AND MOBIPROM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND MOBIPROM MAY REFUSE ACCESS TO THE MOBIPROM WEBSITE FOR NON COMPLIANCE WITH ANY PART OF THIS AGREEMENT.

Your MOBIPROM account and use of the website

If you create an account on the Website or vice versa provided an account for MOBIPROM Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MOBIPROM may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause MOBIPROM liability. You must immediately notify MOBIPROM of any unauthorised uses of your outline, your account or any other breaches of security. MOBIPROM will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

MOBIPROM may from time to time set storage limits for your Data, or take any other measures MOBIPROM considers appropriate to manage the Website. MOBIPROM will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the screen you see when you log in to your MOBIPROM account or via email at your Registered Email ID. If you exceed the storage limits, MOBIPROM may require you to reduce the storage you are using or pay an appropriate fee. MOBIPROM may post blog entries about its policy changes, and you may wish to check your application for MOBIPROM’s announcements about any such changes.

Responsibility of Users

If you operate an account, contribute to an account, post material to the Website, post links on the Website, or otherwise makes material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MOBIPROM or otherwise. If you delete Content, MOBIPROM will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, MOBIPROM has the right (though not the obligation) to, in MOBIPROM’s sole discretion (i) refuse or remove any content that, in MOBIPROM’s reasonable opinion, violates any MOBIPROM policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MOBIPROM’s sole discretion. MOBIPROM will have no obligation to provide any refund of any amounts previously paid.

Fees and Payment

In consideration of using the Services you shall pay the MOBIPROM such fees or charges as applicable to you. In the case of any disagreement on payments to be made to MOBIPROM, the accounts of the Service as applicable to you and as maintained by MOBIPROM shall be final and binding on you.

Responsibility of Website Visitors

MOBIPROM has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MOBIPROM does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MOBIPROM disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which MOBIPROM’S links, and that link to MOBIPRON.COM. MOBIPROM does not have any control over those non-MOBIPROM websites and webpages, and is not responsible for their contents or their use. By linking to a non-MOBIPROM website or webpage, MOBIPROM does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MOBIPROM disclaims any responsibility for any harm resulting from your use of non-MOBIPROM websites and Web pages.

Copyright Infringement

As MOBIPROM requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MOBIPROM’S Site violates your copyright, you are encouraged to notify MOBIPROM. MOBIPROM will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MOBIPROM or others, MOBIPROM may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MOBIPROM will have no obligation to provide a refund of any amounts previously paid to MOBIPROM to any person in respect of any such termination.

Trademarks

MOBIPROM, MOBIPROM.COM, PROM TELESOFT PVT LTD, the MOBIPROM logo, and all other trademarks, service marks, graphics and logos used in connection with MOBIPROM.COM, or the Website are trademarks or registered trademarks of MOBIPROM or MOBIPROM’s licensors. All other trademarks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners. Any rights not expressly granted herein are reserved. Your use of the Website grants you no right or license to reproduce or otherwise use any MOBIPROM or third-party trademarks.

Changes

The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of MOBIPROM and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

Limitation of warranties of MOBIPROM, its suppliers and its licensors

Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", and MOBIPROM, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that MOBIPROM, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services.

Limitation of liability of MOBIPROM, its suppliers and its licensors

Except as otherwise expressly stated, in no event will MOBIPROM, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if MOBIPROM, its suppliers or its licensors were expressly advised of the possibility of such damages. In the event fees are paid for the use of the MOBIPROM site pursuant to paragraph 3, in no event will the aggregate liability for any and all of your claims against MOBIPROM, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to MOBIPROM during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.

User General Representation and Warranty

You represent and warrant that your use of the site will be in accordance with the MOBIPROM Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from India or the country in which you reside, and with any other applicable policy or terms and conditions.

Indemnification

You agree to defend, indemnify and hold harmless MOBIPROM, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website and Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

Governing Law / Dispute Resolution

a) Governing Law

The rights and obligations of the Parties under the Agreement shall be governed by the laws of India. All disputes between the Parties relating to issues arising under this Agreement or the Service shall be resolved solely through proceedings instituted before the Court in Kolkata, India.

b) Dispute Resolution

In the event that any dispute arises between the Parties in connection with this User Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this User Agreement, the parties shall conduct negotiations in good faith to solve such dispute. If mutual resolution cannot be reached within sixty (60) days after the commencement of such negotiations, the same shall be referred to an independent arbitrator who will be appointed by MOBIPROM Technologies Private Limited and his decision shall be final and binding on the parties hereto .The venue of arbitration shall be Kolkata. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the Parties. During pendency of any arbitration proceedings, performance of the services and all other obligations under this User Agreement issued under this Agreement by MOBIPROM shall continue uninterrupted.

Miscellaneous

These Terms of Service constitute the entire agreement between you and MOBIPROM and govern your use of the Service, superseding any prior agreements between you and MOBIPROM. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software or affiliate services. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MOBIPROM's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. MOBIPROM will not be responsible for failures to fulfill any obligations due to causes beyond its control.