Videocon

Term & Condition

 

General

This Agreement, sets forth the terms and conditions that apply to use of this site (http://www.Videocon.com) by a User. "User" means each person who accesses and uses the Site.

This Site offered to the User is conditioned upon User acceptance without modification of all the terms, conditions, and notices set forth below. By accessing or using this Site in any manner, User agrees to be bound to the terms and conditions stated herein. Please read the Agreement carefully. If User does not accept all of these terms and conditions, please do not use this Site. Be sure to return to this page periodically to review the most current version.

Restrictions on use

This Site and its contents owned and operated by Videocon Telecommunications Limited and contains material/product and services which is derived in whole or in part from material supplied by the Company, various news agencies and other sources, and is protected by international copyright and trademark laws and as per the unified access service license of the Company granted by the Department of Telecommunications, Government of India. The restrictions on use of the material and content on this Site by the User are specified below. Except where specifically authorized, the User may not (i) own , operate, license, modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software;(ii) remove, change or obscure in any way anything on the Site;(iii) reverse engineer or decompile (whether in whole or in part) any software used in the Site(iv) remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material. The User may also not, without the Company's permission, "mirror" any material contained on the Site on any other server.

By entering the Site (other than to read this Agreement for the first time), you accept and are bound by this Agreement without limitation, qualification or change. You may not use the Site in any way that involves failure to abide by any term or condition of this Agreement. The right to use the Site is personal to the User and is not transferable to any other person or entity. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use.

Changed Terms

The Company shall have the right at any time to change or modify, revise the terms and conditions applicable to User's use of the Site, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use and/or the Site. Such changes, modifications, additions or deletions shall be effective immediately upon or prior notice thereof, which may be given by means including but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any continuous use of the Site by User shall be deemed to constitute acceptance by User of such changes, modifications, revisions or additions.

Equipment

User shall be responsible for obtaining and maintaining all compatible mobile, telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.

User Conduct

The following shall be applicable on the conduct of the User for usage of the Site:

a) User shall use the Site for lawful purposes only and in accordance to the terms and conditions stipulated herein.

b) User shall not post or transmit through the Site any electronic content (including viruses) which may cause harm to computer system or any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without the Company's express prior approval, contains advertising or any solicitation with respect to products or services. User hereby grants the Company the right to edit, copy, publish and distribute any material made available on Site by User.

c) Any conduct by a User that in the Company's discretion restricts or inhibits any other User from using or enjoying Site will not be permitted.

d) User shall not circumvent User authentication or security of any host, network or account (referred to as "cracking " or "hacking") nor interfere with service to any user, host or network, nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Videocon's legitimate web pages ("page-jacking") or use the Site or the Services for any other unlawful or objectionable conduct.

e) User shall not use Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become User's of other on-line information services competitive with the Site. User shall not hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using the Site.

f) The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of Site are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or its affiliates own or have acquired a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

g) User shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User . User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

h) By submitting material to any public area of the Site, User automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

i) The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

j) Payment:

Charges. For each availing services or products that User submits, User agrees to pay Company a Process fee (the "Process Fee") Additional charges may apply. Payment is due at the time User submit User Transaction.

Payment. In order for Company to collect payment from User , User authorizes the Company to access, charge, or debit funds from any of the payment instruments of the User provide Company in connection with User use of the Service (each, a "Payment Instrument" including, for example, User credit card, debit card,). If User payment fails or is insufficient, User authorizes Company to re-try one or more times using the same or a different Payment Instrument.

Other Charges. Company is not responsible for any fees or charges that may be imposed by the financial institutions associated with User Payment Instruments. For example (without limitation), some credit card issuers may treat the use of User credit card to use the Service as a "cash advance" rather than a purchase transaction, and may impose additional fees and interest rates for the transaction. Company is not responsible for any insufficient funds charges, or other, similar charges that might be imposed on User by User bank, credit card issuer, or other provider.

Disclaimer of Warranty: Limitation of Liability

The User expressly agrees that use of Site is at User's sole risk and shall be liable for any wrong information provided to the Company by the User. Neither the Company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Site.

Site is provided on an "as-is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

This disclaimer of liability applies to any damages or injury, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other User's or third-parties in cases including but not limited to any interactive communication on or through the site and that the risk of injury from the foregoing rests entirely with User (s).

In no event will the Company, or any person or entity involved in creating, producing or distributing Site or the Site software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Site. The User hereby acknowledges that the provisions of this section shall apply to all content on the Site.

In addition to the terms set forth above neither, the Company, not its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticated information contained within the Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. The Company, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, the Company, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information.

ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION



Monitoring

The Company shall have the right, but not the obligation, to monitor the content of the Site, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

The Company may monitor and/or record your calls, emails, text messages or other communications in accordance with the law, and for Videocon's business purposes, such as for quality control and training and to prevent unauthorized use of telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

Indemnification

The User agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of the use of Site by User.

Termination

The permission granted herein under this Agreement by Videocon to the User shall automatically terminate in case of breach of any of the terms or other terms and conditions applicable to the Site.

Trademarks

VIDEOCON MOBILE SERVICES, Videocon and/or any other trademarks and trade names being displayed or used on the site are the Company's registered and unregistered trademark the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, without our written permission.. The name of VIDEOCON, VIDEOCON MOBILE SERVICES, Videocon or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without prior written permission. User is not authorized to use the logo as a hyperlink to the Site unless prior written permission is obtained advance by the User from the Company.

Third Party Content

The Company is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, the Company has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, User's or any other user of the Site, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through the Site represents the opinions and judgments of the respective information provider, User's, or other user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Site by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a User's reliance on information obtained through the Site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Miscellaneous

This Agreement and any operating rules for the Site established by the Company constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the Parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India and courts in Delhi shall have the exclusive jurisdiction to entertain and try any dispute arising out of or in relation to this Contract. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.