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Terms of use
 
These terms of use (Terms) constitute a legally binding agreement between you and the Company regarding your use of the web site i.e www.callmenow.activeconnect.in(the Site) and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service"). By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account . You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number..

"User" or "You": means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.



1. Access to CallMeNow

CallMeNow is a platform which provides the opportunity to Enterprises to setup interaction platform (SMS & Voice) with their clients. For this, a formal agreement may be required to sign as per the company policy.

2. Consent to Use of Data

User agrees that the terms set forth in TIL's Privacy Policy found at http://www.callmnow.in/privacy.aspx apply to User’s use of the Services. In addition, notwithstanding anything to the contrary, the following apply to use of data and Content gathered, provided or otherwise obtained by the Services:

User agrees that TIL may collect and use technical data and related information, including but not limited to technical information about User’s device, system and application software, and peripherals, as well as User’s caller ID and other call information such as length of call and commands accessed during a call that is gathered to facilitate the provision of software updates, product support and other services to User (if any) related to the Services. TIL may use this information, as long as it is in a form that does not personally identify User, to improve its products or to provide services or technologies to User. User agrees that all data used to register for the Services will be used by TIL for its own internal business purposes as well as to facilitate User’s use of the Services, which may include allowing TIL to personalize the Services for User’s use (for example, welcoming User by name). User further agrees that TIL may use Content User provide to enable User to post and/or retrieve Content or materials from third party sites as specified in the Services (for example, to enable User to post or retrieve material from User’s Facebook/ Orkut account and/ or such third party services).

User agrees that any Content User provides using the Service shall be recorded and TIL may use such recorded Content (i) to facilitate User’s use of the Services; (ii) to play such Content to anyone accessing it via Third Party Materials (defined below); and (iii) for TIL's testing, analytical and internal business purposes. TIL makes no guarantees that recordings will be available for any given time, and they may be deleted without notice.

User grants TIL the right to access User’s accounts with third parties via the information User provide (as well as via any tokens received from such parties), to post Content to such accounts at User’s direction, to play Content to third parties who access User’s accounts, and to retrieve and play Third Party Materials (defined below) from User’s accounts. User represents and warrants that User are the legitimate account holder of such accounts and that User have the rights to grant TIL the rights herein.

3. User License to TIL

In addition to any other licenses or permitted uses set forth in the Terms: (a) User grants TIL a royalty-free right and license to store, display, transmit, copy and use any Content User submit for the purposes of User’s use of the Services and User grants TIL a perpetual, royalty-free right and license to use in any manner any data or Content received by TIL through User registration or through User’s use of the Services so long as such use is consistent with TIL's privacy policy; and (b) User grants TIL a royalty-free right and license during the term to use User’s user name, password, and any other credentials User provide to TIL to access User’s accounts on Third Party Material providers such as Facebook and any others User provides to TIL.

4. Third Party Materials

The Services may enable access to third party services and web sites including but not limited to content, data, information, applications or materials from third parties, or provide links to certain third party web sites (collectively and individually, "Third Party Materials"). Use of the Third Party Materials may require Internet access and that User accepts additional terms of service.

User understands that by using any of the Third Party Materials, User may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, User agrees to use the Third Party Materials at User’s sole risk and that TIL shall not have any liability to User for content that may be found to be offensive, indecent, or objectionable.

By using the Services, User acknowledges and agrees that TIL is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. TIL does not warrant or endorse and does not assume and will not have any liability or responsibility to User or any other person for any Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials are provided solely as a convenience to User.

User understands that TIL is not affiliated with or related to any Third Party Materials, and User’s ability to access Third Party Materials does not imply a relationship or endorsement between such third party and TIL.

5. Users Rights and Obligations

User shall not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, hateful, threatening or harassing messages, affect national interest, incites violence, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
User shall not send or otherwise post unauthorized commercial communications, containing alcohol-related or other mature content (including advertisements)) on CallMeNow.
User shall not upload, post, or transmit any Content containing alcohol-related or other mature content (including advertisements).
User shall not offer any contest, giveaway, or promotion on CallMeNow without our prior written consent of TIL.
User shall not use CallMeNow to do anything unlawful, misleading, malicious, or discriminatory.
User shall not facilitate or encourage any violations of the Terms mentioned herein.
User shall be responsible for taking all necessary steps to back up of User data and TIL shall not responsible for loss of data for any reason whatsoever.

6. TIL's Rights and Obligation

TIL may, at its own discretion, vary, alter or amend any terms and conditions due to regulatory, administrative and/or commercial compulsions or for any other reasons considered necessary in the interest of business operations which shall be published by TIL on its website from time to time.

TIL shall also have the right to amend the Terms if this is necessary for the proper provisioning and conduct of the services or in public interest or is mandated by any change in applicable Law or regulation. Such changes will be posted to http://www.callmenow.in/privacy.aspx for User's reference and convenience so as to enable the User to understand their responsibility as a User. TIL have the rights to modify, amend or delete any Content posted by User on the receipt of any complaint, that the Contents are in violation to Clause 8. TIL shall endeavour to use the best industry practice of weeding out all such Content and undertakes to withdraw all such data within 72 hours of receipt of such complaint. All complaint should be addresses by email at mobilecs@indiatimes.co.in or intimated by phone at 0120- 6636959.

TIL shall have the right to transfer/ assign and/ or delegate all/ any parts of its obligations, rights and/ or duties under this agreement to any party. Such transfer/ assignment shall release TIL from all liabilities under these Terms. TIL makes no express or implied warranties, guarantees, representations, or undertakings, whatsoever, regarding the service, except those expressly mentioned in these Terms.

TIL shall not be liable for any incidental, indirect, special punitive, exemplary or consequential damages, and any lost profits or lost data, claims arising out of these Terms, even if User has been advised of the possibility of such damages. The aggregate liability of TIL (if there is any) under this Terms shall be limited to not exceeding Subscription Fee paid by User for three months prior to cause of action arose under these Terms.

7. Prohibited Activities

You agree that, You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -
  1. belongs to another person and to which you do not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

8. Grievance Redressal

Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to mobilecs@timesinternet.in or Mr. Sumit Chugh ("Grievance Officer")

Mr. Sumit Chugh
Grievance Officer
www.callmenow.in
Times Internet Limited
Times Center, FC - 6, First Floor,
Sector 16-A, Film City, Noida - 201301, India
Ph: 0120 – 6636959

The company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.

9. Notice of Copyright Infringement

TIL is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Any complaints or concerns with regards to content or to report any abuse of laws or breach of these terms may be taken up with the designated grievance redressal officer as mentioned.

We request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party.
(e)A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

10. Indemnity

Any misuse of CallMeNow shall under no circumstances be attributed to TIL and the User shall be solely responsible for all such acts. User shall indemnify and hold harmless TIL and its officials/ agents from all suits, costs, damages or claims of any kind arising out of any act or omission or misuse of the CallMeNow by the User or any other person with/without consent of the User from User's mobile/ account.

11. Termination of Account

TIL reserves its right to refuse service, restrict, suspend, terminate User account; terminate this agreement; terminate or suspend User access to CallMeNow; Remove for any reason any Content that User submit on or through the CallMeNow; Deactivate or delete User accounts and all related information and files in User account; Establish general practices and limits concerning use of CallMeNow at any time in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms. Upon such termination or suspension, User's right to use CallMeNow will immediately cease. User can also terminate his/her account at any time and upon termination of his/her account by User or TIL for any reason, TIL may delete User data permanently from its servers. However TIL shall not be responsible if User information/ Content remains stored in archive on its servers or User's CallMeNow account even after the deletion or the termination of User account.

12. Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between User and TIL and User shall have no authority to bind TIL in any manner, whatsoever. This Agreement is solely for User and TIL benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this Agreement.

13. Force Majeure

TIL shall have no liability to User for any interruption or delay, to access CallMeNow irrespective of the cause. TIL shall not be, directly or indirectly, responsible for the break or disruption of services on account of force majeure circumstances, such as riots, strike and lockouts either in the works and office of TIL or general strike in the city or in the country, civil disobedience, act of war, flood, tempest, fire, earthquake or any act of God or policy of the Government, systems failure, any external network or any cause of whatsoever nature beyond the control of TIL, making it impossible to render the services to the User. However the User shall continue to pay all Charges as per the Terms notwithstanding the force majeure conditions.

14. Applicable Law

This agreement shall be governed by the Laws of India. The courts of law at New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.

15. Right to Remove Inappropriate Messages

TIL reserve the right to remove any messages it deem to be inappropriate, including but not limited to, racist, sexist or threatening messages. Messages using inappropriate language will also be removed. Though TIL do not wish to be censors, but the forums must remain civilized and respect the rights of others.

16. Survival

Rights and obligations under this User Agreement, which by their nature should survive will remain in full effect after termination or expiration of the User Agreement.

17. Non Waiver

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

18. Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
 
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