ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
By signing up for the services provided through ‘www.telelookz.com'(“Website”) which are owned and operated by MS TELE CONSULTANCY & SERVICES, a company incorporated under the laws of India, you are agreeing to be bound by the following terms, conditions, disclaimers and limitations of liability (“Terms of Service”/”Terms”).
Company provides a web-based service which includes online templates, website design themes, and administrative web pages that allow Company’s customers to set up and run an online e-commerce store (“Service”).
In these Terms, references to “you”, “User” shall mean the end User accessing the Service and, its contents. “we”, “us”, ‘Company’ and “our” shall mean MS TELE CONSULTANCY & SERVICES, its affiliates and partners. Please read these Terms carefully. If Company undertakes any modifications to these Terms, we will highlight the same on our homepage and for any material change made, we will send you an email notification of the same. To continue using the Service post such changes or modifications you will be required to accept this Terms of Service once again by clicking on ‘Accept/Agree’ tab.
As a condition to use the Service, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by the Company or prohibited under law.
CONTENT & INFORMATION
You are herein provided a limited license to use any resource (including but not limited to themes, applications) from the Service, to personalize your store/website. If you download or use any resource, you are licensed to use it for a single store only. You are not permitted to transfer or sell any Company resource to any other person. Multiple stores require multiple downloads, paying the price each time. Company gives no assurance that a particular resource will remain available for additional downloads. You may modify your store by personalizing it.
If required and as determined by the Company, it may modify the theme where it contains: an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the theme in that condition. Company may modify the theme to reflect technical changes and updates as required.
You retain ownership over all content that you submit, upload, and transmit using the Service. Company does not pre-screen any content and it is in our sole discretion to refuse or remove any content that is available via the Service.
You are solely responsible for the confidentiality of any password and other account information that you create in order to use the Service. You agree to notify us immediately on any unauthorized use of your account, User name, or password. You also agree that we are not liable in any manner for any loss, additions, modification or deletions that you may incur as a result of any third party using your password, either with or without your knowledge. You are solely liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to mis-use of your account or password. Log-in to your account shall be used by one person. Multiple people are not permitted to share the same/single log-in.
PAYMENT, FEES AND TAXES
- You agree to pay all subscription fees and other fees applicable to your use of the Service and you shall not circumvent the fee structure.
- The Services will be billed as per the Company’s policy, subject to your choice of subscription plan. When you subscribe for the Services, Company shall send an invoice via email. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of taxes. Service tax is levied on every purchase.
- Each User / member is solely responsible for payment of all taxes, reporting, statutory registrations and legal compliances. Company is in no way responsible for any of the taxes except for its own personal income tax as per the laws of country.
- We consider the payment process to be complete only on receipt of the amount to our designated bank account.
- In the event a payment is not received by the due date set forth on an invoice, a late fee of one and a half percent (1.5%) shall be assessed against overdue amounts.
- Prices are subject to change as and when Company deems fit. All prices listed on the Website are subject to confirmation. Company will notify you by email if the confirmed price of a Service you have selected differs from the price listed on the Website or on your purchase order. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the Website unless we expressly state otherwise in a notice.
LIMITED LICENSE TO USE
Company grants you a non-exclusive, non-transferable, revocable license to access and use our Service, strictly in accordance with this Terms of Service. In return for this license, you agree to wholly abide by all terms herein, of which the violation of any is grounds for the immediate termination of your account with notice, as well as possible civil and criminal action.
You grant Company the exclusive, royalty free, perpetual license to use all the information generated by your usage of the Service for analytics and such other services, which may be shared with a third party (personally identifiable information will not be shared) for business development.
RESTRICTION ON USE
You may not:
- transfer your account;
- copy or reproduce the Service through a LAN or other network systems or through any computer subscriber system or computer network bulletin-board system;
- modify, adapt, or create derivative works based on the Service; or
- reverse engineer, decompile or disassemble the Service.
In using the Service provided by Company, you acknowledge that you are solely responsible for all content which you create and/or upload onto the Service to set up your web store (“User Content”). By using the Service you agree not to create, upload, transmit, distribute, store or otherwise publish any of the following:
- User Content that is unlawful, or in violation of local, state, national, or international laws, libelous, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise violate any local, state, national or international law, rule, or regulation.
- User Content that includes unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, “junk mail,” “Spam,” “chain letters,” or any unsolicited mass distribution of email infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- User Content that may be construed as stalking, harassing, or otherwise harming others Users
The above list is not exhaustive and Company may at it sole discretion may make additions to the same.
User consents herein to receive communications from Company concerning the Service electronically through email address provided during registration process. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the telephone number, email or postal address to which Company sends communications by notifying the Company by sending email to firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, IT’S HOLDING COMPANY OR SUBSIDIARIES, AND/OR AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, LOSS OF BUSINESS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE.
Further, Company shall not be held responsible for non-availability/delay during periodic maintenance operations or any unplanned suspension of access to the Service that may occur due to technical reasons or for any reason beyond Company’s control.
All right, title and interest in the Service and Company’s Website resides with the Company. Material on this Service and Company’s Website also comprises copyright material and trademarks which are the exclusive property of Company and/or third parties. Your usage of the Service and Website is exclusively for the purposes of browsing and using the Service of Company. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Service or Website without obtaining authorization from Company. All right, title, and interest in and to the Service are and will remain the exclusive property of the Company and its licensors, or the respective companies’ information represented therein. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the information you might have access to by browsing the Website or subscribing to the Service.
We may provide links or tools or applications for the Service on Website of other third party sites; however, we do not review or endorse the content of these sites or tools, and are not responsible for that content or the privacy policies of such third party sites. If you provide any information to such third parties, different rules regarding the collection and use of your personal information may apply. You acknowledge and agree that Company provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Company shall have no liability whatsoever arising from or relating to your use of any optional third party tools or accessing such third party sites.
These Terms of Service are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Mumbai, India.
DMCA ENFORCEMENT: The terms of our DMCA policy are set forth in Exhibit A below.
CANCELLATION BY US
We reserve the right not to provide the Service, to terminate membership accounts, and to remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms of Service herein, we will not be held liable for loss or damage arising from exercising of these rights. Such right can be exercised upon User’s failure to pay for the Service or when the Company has received any report of abuse in relation to User generated data on the platform by any other User. In the event of such report, Company shall remove such User generated data from the Website and Service, hence it is highly recommended that Users should prevent to upload or share any such content which is prohibited under law.
CANCELLATION BY YOU
You can also close your account with Company by notifying us in writing. On closure, we will remove your User Content from public view. We may retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. To request that we close your account and remove your information from the Service, please send your request to email@example.com.
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Website or Service. In addition, it may be impossible for us to completely delete all of your information because we periodically take back-up of information stored and available.
- If you cancel the Services in the middle of the month, you will receive a closing invoice via email. Once all outstanding invoices have been paid, you will not be charged again. Please note in case of failure to do so, Company shall charge a penalty in the form of interest to be charged on such due payment.
- Fraud: Without limiting any other remedies, Company may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise directly or indirectly) have engaged in fraudulent activity in connection with the Website or Service.
You agree to waive any and all claims that you now have or may have in the future against Company and its associates which relate to or are incidental to any transaction. You agree to indemnify, defend and hold Company, its affiliates, directors and other related personnel harmless from and against any and all claims, loss or expense that may be incurred by Company or its associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions, including all costs of defending itself against a claim by any other person or entity and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Company and its associates harmless from any claim made by any third party due to or arising out of your use of this Website and Service, the violation of these Terms and Conditions by you, or the infringement by you, or other Users of this Website and Service, of any intellectual property or other right of any person or entity.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a competent court, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions
As per these Terms, Users are solely responsible for every material or content uploaded on your website through use of Service. Company does not review the contents in any way before they appear on your website through use of such Service. Company does not verify, endorse or otherwise vouch for the contents generally posted or uploaded on to the Service. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to: firstname.lastname@example.org
MS-TELE CONSULTANCY SERVICES
32-B2 Vinayaga Apparament
Aziz nagar 1st street
Phone: +92821-09880 / 044- 65456545