- ELIGIBILITYYou must be 18 years of age or older to register, use the Services, or visit or use the Portal in any manner or you must have taken approval from your parents to use this service. By registering, visiting and using the Portal or accepting this Agreement, you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use the Portal and the Services available through the Portal, and agree to and abide by this Agreement. Any individual – legal or natural, who is “incompetent” to enter into a binding contract as per the Indian Contracts Act, 1872 e.g. an undischarged insolvent or a person whose age is less than 18 years, is not permitted to use the “services” at this site. Company reserves the right to terminate your membership, block your access to its services and report the matter to law enforcement agencies for investigation in case it comes across any information that leads us to believe that you have not complied with this clause
- GRANT OF LICENSE:We hereby grant you a personal, limited, non-exclusive, non-transferable license, revocable at any-time at the sole discretion of the company, to access and use the portal and / or the services being offered and as subscribed by you in accordance with the terms and conditions laid down in this policy.
- USE OF SERVICE BY USER
- You must create / register an online account with us if you desire to utilize certain online facilities and services provided through our Portal. You shall provide accurate information in the account and we shall not be responsible for the data maintained in the account.
- You are responsible to keep the password confidential and immediately notify us if you suspect any unauthorized use of your email address, User Name or Password or any breach of security, or if any authorized third party becomes aware of that password. You agree that if you disclose to any person your user name or password, they are authorized to act as your agent for the purposes of using the Services on our Portal. You are entirely responsible to maintain the confidentiality of your password. You also need to change it regularly as per the Industry best practices. If you come across any action / incident which you feel you have not initiated but has taken place under your username and password, you shall bring the matter to the notice of the Company immediately by writing to firstname.lastname@example.org
- We request all accounts to be registered with a regularly accessed, valid personal e-mail address, mobile number so that we can communicate with you. We reserve the right to close without any prior notice, any accounts which have been registered with third party’s e-mail address / mobile number or with temporary e-mail addresses / mobile number. Users may be required to re-validate their accounts if we believe they have been using an invalid e-mail address / mobile number.
- By creating an account, you agree to receive certain communications from us, including, but not limited to, alerts, reminders, announcements, administrative messages, commercial messages, response to your queries / complaints or as part of customer education, feature update, relevant news information from across the World, marketing material, offers and discounts on our services and renewal notices. Such communications shall be via mobile phone, SMS, e-mail or other method as determined by us and you provide express consent for the same.
- PAYMENT TERMS:
- We do not charge any payment for browsing the content of the website accessible without logging in and also for the content after registration on the website. Similarly the company does not charge any fee for installation of the Mobile Application on the digital devices of the persons being monitored.
- If the users want to avail the services at the portal, the same can be availed by way of subscription through the web-console or the Parent Application. The service in such a case would be a charged service after an initial trial period for which the charge/fees would be as per the Subscription plan to which you wish to subscribe. Duration of the trial period would be at our sole discretion. The company might alter the licensing /charging mechanism in future to include the charging for child application as well.
- All Valid Credit / Debit/ Cash Card/Online Bank Transfers / Wallet Payments and other payment instruments are processed using an appropriate payment gateway / system infrastructure and the terms for the same is governed by the terms and conditions agreed to between the Buyer and the respective Bank / payment instrument issuing organisation and the company does not have any role in it.
- INTELLECTUAL PROPERTY RIGHTS:
- The content on the Portal including the images are protected under the Copyright, Trademark and other Intellectual Property and you are not permitted to copy, print, save, reproduce or transmit the same for any purpose. We respect the proprietary rights of others and in case you feel that your right has been violated, kindly report the matter to email@example.com
- You hereby grant us the royalty free, perpetual and irrevocable right to use the information collected during providing services to you – including your feedbacks, and you provide express consent for the same.
- USER CONDUCT & RULES
- You agree and undertake to use the Portal strictly abiding by the following principles:
- You will not promote or try to gain unauthorized access or exceed the scope of authorized access to our Portal.
- You will not attempt to gain unauthorized access to any portion or feature of our Portal, or any other systems or networks connected thereto.
- You will not interfere with another user’s use of our Portal.
- You will not violate any law currently in force in India or outside.
- You will not attempt or otherwise impersonate another person during the use of our website, services, mobile application or it’s Portal.
- You will not probe, scan or breach the vulnerability of Portal or any assets being used by the company to provide the services nor breach the security or authentication measures on the Portal or any assets being used by the company to provide the services.
- You shall not engage in any activity that constitutes “denial of service” to other users or limits the ability of the company to provide services to other users.
- You shall not modify the content displayed on our website, mobile application or portal.
- You shall not develop / host or encourage others to develop /host any digital device / software that may obstruct normal functioning of the services of the company.
- You will not use any automatic device, program, or methodology including but not limited to “deep-link”, “page-scrape”, “robot”, “spider” or other such means, or any similar manual process, to access, acquire or copy any portion of the Portal or any content within the Portal.
- You will neither decompile, reverse engineer, disassembles or otherwise attempt to derive source code from the Portal whatsoever, nor attempt to gain access to the data of any other user of the Portal not owned by you through any means.
- You will not upload, publish, host, transmit, display, publish, transmit, modify, update or share any information that, in our sole discretion:
- Involves an illegal or unauthorized use of copyrighted work or infringes any patent, trademark, copyright or other proprietary rights of any party.
- Is not belonging to you or to which you have no rights.
- Refers to any Portal or URL that contains material that is inappropriate for our portal.
- Contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- 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;
- Harm minors in any way;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation
- Infringes any patent, trademark, copyright or other proprietary rights;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- violates any law for the time being in force;
- You will not engage in any activity that inflicts an unreasonable or abnormal load on the Portal or any systems or networks connected to the Portal.
- You shall not engage in any commercial activity without the express written consent from the legal department of the company that creates any liability on the company including creating a multilevel marketing channel for selling company services.
- You will provide feedback on our services based on facts and in totality and not over emphasize on one aspect of it – whether on this Portal or elsewhere, so that other users / potential users can make a fair assessment about our services.
- You will not violate any of the terms and conditions of this agreement or any other terms and conditions contained elsewhere within the Portal.
- If the company comes across any information that shows that above clause 3.1 have been violated by you then we have the unfettered right to:
- Block the access of the individual
- Terminate its membership
- Remove the content
- You agree and undertake to use the Portal strictly abiding by the following principles:
- REPRESENTATION AND WARRANTIES BY THE SUBSCRIBED USER:
By subscribing to our services, you affirm and acknowledge that:
- You have the necessary permissions wherever required to monitor the digital interactions and physical location of the individual you are going to monitor.
- The person whose digital interaction and physical location you are going to monitor is a minor and is your family member (son/daughter).
- In case you are monitoring the location of an adult, he/she has given you consent to do the same and is your family member.
- You are not going to publish the results of monitoring on any media – digital / physical, and will only be used for ensuring the protection of the individual from threats – digital or physical.
- You will not use the results of this monitoring service for any activity that is in contravention of the law of land.
- The device through which these digital interactions are happening is owned by you.
- You give your express consent to us to facilitate the monitoring and control of digital interactions of the person (including his voice calls, SMS, E-Mails, Chats, Website visited, time spent on various applications and websites, location, photos and video clicked or received by the person,etc.) you wish to monitor on your behalf, send alerts to you or your spouse if there are violations of the rules set by you and agree that you have all the rights and permissions –wherever required, for the same. You also allow us to programmatically read the content of the files stored on the digital device you are going to monitor, create a backup of the same for reporting purposes – wherever required, including databases created by applications like WhatsApp, Viber, Skype, KIK, snapchat and similar other applications or database of any other application installed on the digital device. You hereby expressly waive all privacy rights related to the same. You also agree to revalidate or take all such permissions statutory or otherwise, required in future as well- wherever required with respect to the use of services rendered by us. You release and agree to keep indemnified us and/or any of our officers and representatives from any cost, damage, liability or other consequence including attorney fees, of monitoring the digital interaction of the individual you are monitoring.
- RESERVATION OF RIGHTS
- We intend to provide services to maximum number of users; however we reserve the right to deny the services to any specific user at its sole discretion. If we decide to terminate the services to its user, it will refund the proportionate sum calculated on pro rata basis for the unutilised time of service.
- We reserve the right to change subscription charge and/or membership fees from the Users at any time as deemed appropriate by us for the Services provided through us.
- We reserve the rights to decline any new registration or to cancel any existing registration at any time without giving prior notice to the User. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the portal and services, your account details or any files or other content, which is contained in your account.
- WARRANTIES, REPRESENTATIONS AND LIMITATIONS
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Portal and/or the Services; what content you access via the Portal and/or the Services; what effects the content on the Portal and/or the Services may have on you; how you may interpret or use the content on the Portal and/or the Services; or what actions you may take as a result of having been exposed to the content on the Portal and/or the Services. You release us from all liability for you having acquired or not acquired content through the Portal and/or the Services. The Portal and/or the Services may contain, or direct you to Portals containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Portal and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Portal and/or the Services. We make no representations or warranties regarding suggestions or recommendations of Services or Services offered or purchased through the Portal and/or the Services. We provide the Portal and the Services “As Is”, “With All Faults” and “As Available.” We make no express or implied warranties or guarantees about the Services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Services and the Portal, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Services or any other data or information provided or received through the Services. Except as expressly set forth herein, we make no warranties about the information systems, software and functions made accessible through the Portal or any other security associated with the transmission of sensitive information. We does not warrant that the Portal or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Services, software or Portal are free of computer viruses, contaminants or other harmful items. You release and indemnify us and our officers and representatives from any cost, damage, liability or any other consequences arising by way of use of our services except a fair monetary compensation that is a percentage (< 100%) of the amount paid by you for such services. We will not be responsible for any “decline of payment” and/ or consequent unavailability of services, at its payment interface as it is a direct link between the user and its bank or the payment institution.
- You acknowledge and agree that we and / or our affiliates shall not be liable for any damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be at your own risk.
- You acknowledge and agree that we and / or our affiliates shall not be liable of the accuracy, quality, up-to-date, timeliness, reliability, truthfulness or completeness of the Portal or its Services.
- You further acknowledge and agree that we and / or our affiliates shall not be liable for any damages you may suffer on account of your access to, use of the Portal.
- You acknowledge and agree that we shall not be liable for any damages caused on your electronic device / equipment or other property on account of your access to, use of the Portal or your downloading of any materials, data, text, images, video, or audio from the Portal.
- You acknowledge and agree that you are solely responsible for procuring and maintaining at your own expense the necessary GPS, wireless connections, network connections, telecommunications links and system requirements of the electronic device. You further acknowledge and agree that we and / or our affiliates shall not be liable for any damages you may suffer arising from or relating to the carrier’s network connections or telecommunications links or caused by the internet.
- You agree and provide your consent to us that it shall have all rights necessary to enable users to sync their electronic devices with any information that is visible to them on the Portal.
- The content on this Portal may contain statements that do not describe historical or current facts; it may also include statements about our beliefs and expectations. These statements are based on current beliefs and expectations of our management and are subject to significant risks and uncertainties. The actual outcomes might be significantly different from the belief of our management. Kindly go through the content carefully and take decisions judiciously.
- You acknowledge and agree that we and / or our affiliates shall not be liable for any kind of legal issues arising between you and the person monitored through our services/mobile application for breach of privacy rights or any other legal rights of the person monitored and you shall indemnify us with regard to the same. You further acknowledge that we may investigate any violations of law and / or may cooperate with law enforcement authorities in prosecuting users in such violations.
- You acknowledge and agree to comply with all applicable local laws and regulations and these Terms and Conditions when using the Portal or its Services and you will be solely responsible for any violations of such laws and regulations.
- You acknowledge and agree that we and / or our affiliates shall not be liable for any kind of legal issues arising between you and the Government Authorities for breach of local laws and regulations by you using the Portal. You further acknowledge that we may investigate any violations of law and / or may cooperate with law enforcement authorities in prosecuting users in such violations.
- Electronic Contracting;
- International Users
- Entire Agreement
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
- Amendments To The Services
We may terminate, change, suspend or discontinue any aspect of this Portal, including the availability of any features of the Portal or scheme at any time and without notice. We also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. We may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Portal after any changes to these terms are posted will be considered acceptance of those changes.
- Force Majeure
We shall not be liable to the User or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
- act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- import or export regulations or embargoes;
- interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving our employees or of a third party);
- interruption of Service or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
- power failure or breakdown in machinery.
- upon the happening of any one of the events set out in Condition (a) We may at our option:-
- Fully or partially suspend delivery/performance while such event or circumstances continues;
- Terminate any Contract so affected with immediate effect by notifying the User and we shall not be liable for any loss or damage suffered by the User as a result thereof.
- Breaches Of These Terms And Conditions
Without prejudice to the user’s other rights under these terms and conditions, if you breach any of these terms and conditions in anyway, we may take such action as deemed appropriate to deal with the breach, including seeking of legal remedy, suspending your access to the Portal, prohibiting you from accessing the Portal, blocking electronic devices using your IP address from accessing the Portal and / or contacting your internet service provider to request that they block your access to the Portal.
In the event of any dispute or difference between the Parties hereto, whether arising during the currency or after the completion of this Agreement, or after the determination thereof (whether for breach or for any other reason) in regard to any matter or thing of whatsoever nature arising out of this Agreement or in connection therewith, then either Party shall give to the other notice, in writing, of such dispute or difference and the same shall be settled by arbitration in Mumbai, India in accordance with the Arbitration and Conciliation Act, 1996, or any statutory modification or substitution thereof.
- Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.The company has in compliance with IT Act 2000 appointed Grievance Officer who can be contacted at Grievance Officer, MyValuePack Retail Pvt. Ltd., 2nd Floor, Thomas Villa, 118, Road No 27, Sion (E), Mumbai – 400022. He can be reached via E-Mail [firstname.lastname@example.org] between 10 AM and 6 PM from Monday to Friday excluding the bank and national holidays.
- Electronic Contracting;