Agreement, sets forth the terms and conditions that apply to use of this
site (http://www.Videocon.com) by a User. ďUserĒ 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
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
Companyís permission, ďmirrorĒ any material contained on the Site on any
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.
Company shall have the right at any time to change or modify, revise the
terms and conditions applicable to Userís 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
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.
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.
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.
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.
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 Userís 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 Userís 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.
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.
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
User expressly agrees that use of Site is at Userís 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.
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 Userís 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.
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
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.
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.
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.
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.
MOBILE SERVICES, Videocon and/or any other trademarks and trade names
being displayed or used on the site are the Companyís 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
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, Userís 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.
many instances, the content available through the Site represents the
opinions and judgments of the respective information provider, Userís,
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.
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.