Description of services
This website has been created and is being maintained and operated for “Virgin Mobile” branded services/products offered by Tata Teleservices Limited / Tata Teleservices (Maharashtra) Limited (collectively “TTL”). This website is maintained by Virgin Mobile India Pvt Ltd. (“VMI”/we/us/our”) and through this website, VMI provides you with information on TTL’s Virgin Mobile branded services and other information and services such as access to a variety of value added services (VAS), products and content information offered by TTL under Virgin Mobile brand. Through this website, you may view, access, test, download and/or purchase certain services, including without limitation any content such as text, audio, video, graphics, mobile applications, mobile software and other applications, infotainment services, self-services such as ‘do yourself’ or alike as well information on various mobile phone handsets, mobile accessories as may be offered by VMI and/or TTL and other related information, as TTL and/or VMI may offer from time to time (collectively referred to as “Services”). The Services may be modified, amended, altered updated or removed or waived at any time at the sole discretion of TTL and/or VMI.
Personal and non-commercial use limitation
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Privacy and protection of personal / other information
You use of this website will be subject to our Privacy Policy relating to the collection and use of your information.
Disclaimer
You agree that in relation to any material or content (including any text, graphics, audio, video etc.) displayed or offered and/or Services offered on this website (“Content”), VMI does not, nor does any other party who provides Content to this site, make any warranty as to the accuracy, completeness or currency of the Content.
As a user of this website, you should make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content.
To the extent permitted by law, VMI and/or TTL and their respective directors, employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.
To the extent that VMI is prohibited at law from excluding its liability, VMI and each party providing Content limits its liability to the extent permitted by law, to the re-supply of the Content.
VMI does not accept responsibility for any liability in respect of access to other content through the use of this website.
No warranty
All Content and Services including all documents and related graphics are displayed / provided on this website are on an "as is" basis without any warranty of any kind whatsoever. VMI and/or TTL hereby disclaim all warranties and conditions with regard to such product, content, documents and related graphics, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose or use, title and non-infringement. In no event shall VMI and/or TTL be liable for any special, direct, indirect or consequential loss, damage or any damages whatsoever resulting from loss of data or profits or otherwise, whether in an action of contract, negligence or any other action be it of civil or criminal nature, arising out of or in connection with the use, performance or any failure of such product, content, documents and related graphics available, connected, associated or resulting from the Services.
Member account, password, and security
Use of some of the Services may require you to register yourself as a registered user and for this purpose you must complete the registration process by providing us with current, complete and accurate information and accepting the terms and conditions as may be applicable and required on this website for registration / creation of your account. You may also be required to choose a password and a user name for this purpose. You are entirely responsible for maintaining the confidentiality of your user name and/or password and your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify VMI immediately of any unauthorized use of your account or any other breach of security. VMI shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, in the event VMI or any other party incurs any liability as a result of your account or password being used / misused by any one, you may be held liable for such losses. You may not use anyone else's account at any time, without the express consent of the account holder.
Notice specific to any content available on this web site
Any Content that may be made available for download is the copyrighted work of VMI and/or its suppliers/licensors. Use of the Software would be governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user shall not install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software may be made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of any such Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
No unlawful or prohibited use
As a condition of your use of the Content, you will not use the Content for any purpose that is illegal, unlawful or prohibited by this Conditions or which in any manner contravenes the law governing the use of the Content or the use of this website. You may not use the Content in any manner that could damage, disable, overburden, or impair any or interfere with any other party's use and enjoyment of any Content. You shall not attempt to gain unauthorized access to any Content, other accounts, computer systems or networks connected to any of the Content, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Content.
By way of example, and not limited to the instances hereunder, you agree that when using the Content, you will not:
Use the Content in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Content in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or Content for any purpose.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from accessing this website or using the Content.
Harvest or otherwise collect information about others, including e-mail addresses, telephone numbers, etc.
Violate any applicable laws or regulations.
Act in any manner that is offensive, immoral, against public morality or public policy.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Content or other user or usage information or any portion thereof.
VMI has no obligation to monitor this website or the Content. However, VMI reserves the right to review materials posted, if any, on this website and to remove any materials in its sole discretion. VMI reserves the right to terminate your access to any or all of the VMI Content at any time, without notice, for any reason whatsoever.
VMI reserves the right at all times to disclose any information as VMI deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VMI sole discretion.
Indemnification
You agree to indemnify and hold harmless VMI and TTL (including their affiliates) and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorney's fees on account thereof) due to or arising out of your use of our websites in violation of this Agreement or if any of the content that you post on or transmit through our websites causes VMI to be liable to any other person or entity, whether based in contract or tort (including strict liability) and regardless of the form of action.
This indemnification obligation will survive these terms and your use of our websites.
Links to third party sites
Any link to any third website shall let you leave this website. Such third party websites are not under the control of VMI and VMI is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. VMI is not responsible for webcasting or any other form of transmission received from any linked site. VMI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VMI any such website.
Policy regarding copyright and trademark
See the statement on Copyright and Trademark Policy.
Unsolicited idea submission policy
See the statement on Unsolicited Idea Submission Policy.
Entire agreement, updates and modifications
These terms and any linked or referenced policies constitute the entire agreement between VMI and you pertaining to your use of this website or any part thereof. VMI may, from time to time, at its sole discretion, make changes to these terms based on your comments and our need to accurately reflect our legal obligations and our practices. If we make any substantial changes, we may notify you by posting a prominent announcement on this website. By continuing to use this website and VMI Content, you agree to be bound by the latest version of these terms, which may be viewed anytime by clicking on the “Legal Stuff” link at the foot of this website.
Governing laws
You agree that your use of this website and any disputes relating thereto shall be governed in all respects by the laws of India. Any dispute relating to this Agreement shall be resolved solely in the Courts at Mumbai. Any legal action concerning these terms or this website must be brought within one year after the claim or cause of action first arises failing which you would deemed to have waived your right to such claim/ legal action.
International users
VMI makes no claims that any of the content on this website or any part thereof is appropriate or may be downloaded outside of India. Access to the information and content on this website may not be legal in certain countries or for certain persons. If you access our websites from outside of India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable information and content.
General
Any rights not expressly granted herein are reserved. |
