|
|
 |
|
| |
|
|
|
Login Id :
|
|
|
|
|
|
|
|
|
|
|
Email Id : |
|
|
|
|
OR |
|
|
|
Google Talk ID :
|
|
|
|
TERMS & CONDITIONS |
| |
These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you on this internet site ("Site") (whether accessed by you on the web, by WAP or on a PDA) (collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Cellebrum Technologies Ltd, (hereinafter referred to as "we", "us", "our" or "Cellebrum"). Any reference to "you" and "yours" refers to you, the user of the Service.
Your contract with us :
|
|
Your contract with us shall begin upon the earlier of you:
completing our registration process and confirming that you have read and accepted these Terms; or viewing, accessing or using any Service offered by us which does not require registration.
We suggest that you print out and keep a copy of these Terms for your records. These Terms shall apply to all of the Services.
In addition to these Terms, there may be additional terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.
This user agreement is a contract between you and Cellebrum Technologies Ltd and applies to your use of the Cellebrum payment service and related products and services available through www.sms56300.com (collectively the “Service”). If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access our Services.
|
General : |
-
We may delay enforcing our rights under these Terms without losing them.
-
You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice.
-
You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.
-
We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.
-
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.
-
The Contracts (Rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms.
-
These Terms (and, where applicable, the relevant additional terms that you accept as part of the registration process for a Service and the Provider terms and conditions) form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.
-
If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
-
Cellebrum reserves the right at all times to disclose any information as Cellebrum deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
-
These Terms shall be governed and interpreted in accordance with Indian law and you and we both consent to the non-exclusive jurisdiction of the Indian courts at New Delhi .
|
Help : |
If you have any enquiries or problems concerning this Service, please contact Cellebrum customer care at sms56300@cellebrum.com.Monitoring or recording of your communications may take place in accordance with the law, and in particular for Cellebrum's business purposes, such as for quality control and training, to prevent unauthorised use of Cellebrum's systems and to ensure effective systems operation and in order to prevent or detect crime. |
Distance selling regulations
|
|
-
You agree that the provision of Services or Content will start as soon as you have completed any necessary registration requirements and you acknowledge that you cannot have recourse to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 or any other prevailing law and/or regulation to cancel such Content and/or Services once it has been delivered to you.
-
This paragraph sets out those items required pursuant to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002.
-
Identity. Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased pursuant to these Terms is: Cellebrum Technologies Ltd. with registered office at D-4, Okhla, Phase I, Industrial Area, New Delhi and principal place of business at First Floor, Himuda Commercial Complex, Opposite Hotel Shiwalik, NH 22, Parwanoo, District: Solan (H.P.)
-
Description of products and services. The products and services sold or provided pursuant to these Terms comprise items either selected from those available on our Site or created by us to your order.
-
Price. The price of products and services purchased via the Site shall be the price advertised on the Site at the time of purchase or in any additional terms and conditions and shall include Value Added Tax and any other applicable tax at prevailing rates from time to time.
-
Payment. Payment for any product and service to these Terms must be made as specified in advance.
-
Price Validity. The price of any Content, product and service is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.
-
Duration of Contract. Unless otherwise expressly stated, the right and licence to use an item sold pursuant to these Terms is perpetual, non-exclusive and irrevocable but limited to use on the mobile phone to which the item is initially transmitted and the other limitations set out in these Terms.
-
Availability of Terms: We will make the current edition of the Terms available on the website for so long as the product and Service is available (subject to any temporary or unavoidable disruptions to the availability of the website).
-
Language - This contract can only be concluded in the English language.
|
Usernames & Passwords : |
You agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Service. Following registration, you will be issued with a password to access the Service and any pages for which registration is required. You are responsible for all actions that take place as a result of access to the Service via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Service. A breach of these Terms by anyone to whom you disclose your password will be treated as a breach by you.
In the event that your password becomes known to any unauthorised user you will immediately notify us of such failure or error. We reserve the right to change your password and account name at any time in our sole and absolute discretion. You agree to notify us immediately of any changes to or mistakes in your registration details by amending them using the given option.
For certain Products and Services you may be required to choose a user name and a password. For any of the Services:
- The user name you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory, against public policy or in violation of any intellectual property or proprietary rights of any third party; and
- If we consider in our sole and absolute discretion that the user name selected by you is inappropriate, we reserve the right to reject and prevent your use of such user name at any time with or without notice to you.
We may change your password and username from time to time and we will notify you of any changes by using the contact details that you have provided to us. .
|
Identify Authentification : |
We use many techniques to identify our users when they register on our site. Verification of users is only an indication of increased likelihood that a user's identity is correct. You authorise Cellebrum directly or through third parties, to make any queries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Cellebrum cannot and does not guarantee any user's identity. |
Your use of the Services : |
All copyright, trade marks, patents and other intellectual property rights in any material, product, service or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services ("Content") is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved.
We grant you a non-exclusive, non-transferable right to view and use the product and Service and the Content via your PC, mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with these Terms. You may copy the Content in an unchanged form for private use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of the Service, product or the Content and such copying is permitted by the copyright owner. |
You shall not be entitled in respect of any Content, product and/or services (wholly or partly):
|
- To pass it on to third parties or to allow third parties to access it unless and to the extent expressly permitted; or
- To change, edit, modify, reformat or adapt it in any other way.
You should notify us immediately if you become aware of any unauthorised use or copying of any Content, product or any part of the Services or any unauthorised access to or other unauthorised activity in connection with the Services. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Service as we see fit and without notice to you, unless you have indicated otherwise in such communication. |
Release |
In the event that you have a dispute with one or more users, you release Cellebrum (and our officers, directors, agents, subsidiaries, vendors, clients, joint ventures, and employees from and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute. |
Prohibited use of the service and/ or the content : |
You, and any persons you allow to use the Service, product or the Content through your access to the Service, are not allowed to:
- copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the Content and/or the Service or any part thereof except as set out in these Terms;
- include or create links (including deep-links) to or from the Content and/or the Service;
- replicate the Cellebrum homepage or create a separate border around any part of the Service, product or Content (also known as "framing");
- use the Service, product or the Content for any commercial purpose;
- use the Service, product or content and anything available from it for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;
- use the Service, product or content to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;
- harass, stalk, threaten, impersonate or otherwise violate the rights of others including rights of privacy;
- hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Service or any other website;
- collect and process others' personal data except in accordance with applicable data protection law;
- advertise or offer to sell products, content or services;
- infringe any other person's intellectual property rights, including copyright;
- use the Service, product or content to harvest or collect information about users of the Service, product or content or to post or otherwise distribute unauthorized or unsolicited advertising, junk or bulk email (also known as "spam");
- use the Service, product or the Content in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our brand and reputation or otherwise unacceptable.
You are responsible for any misuse of the Service, product or the Content even if it is by another person using your access to the Service.
We reserve the right to remove, edit or refuse to post any material that you or other third parties place or attempt to place on the Service, to block or suspend your access to the Service and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these Terms. If you wish to notify us of any Content or third party material or activity on the Service that you reasonably believe is in breach of these Terms then you can do so. We are not responsible for any failure to remove, or delay in removing, any Content or third party material from the Service or for any good faith but wrongful removal of third party material.
We will also (in accordance with our Privacy Policy) co-operate with law enforcement and other relevant authorities with respect to any investigation or violation of network security and reserve the right to disclose any information (including personal data) derived from you as required by law or in the good faith belief that failure to comply with a legitimate request from a law enforcement agency would be likely to prejudice the prevention or detection of crime or the apprehension or detection of offenders.
|
Your Information : |
Our usage of your personal information is governed by our Privacy Policy, which forms part of these Terms. PLEASE READ THE PRIVACY POLICY CAREFULLY - it deals with your rights and our obligations in relation to your personal data, including what we can do with it and to whom we may give it in certain situations. |
Payment and Charges:
|
Where any of our Services requires payment by you, the following conditions apply.
- You must make such payment as and when required by these Terms: if you do not do so, we reserve the right to terminate your access to the Service immediately following any missed, rejected or refused payment.
- If payment is not paid on time, your payment is rejected or refused (including if you do not have sufficient credit in your account), or you default in payment, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the Services to you until payment is received or until your credit has been topped up.
- All amounts payable by you shall be paid in full in Indian Rupees without any deductions or set-offs.
- You will need to provide, if applicable, all equipment necessary to access the Service and be liable for payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use this Service.
- Your network operator may charge you additional sums for their delivery of the Services to you and, if you are using or receiving Services whilst abroad, additional roaming charges. Any such additional charges imposed by your network operator are additional to our charges, are outside our control and non-refundable by us. In all cases, you should check with your network operator for details.
- You shall be paying for the services, products or contents by Net Banking,ITZ cash,PayPal,Demand Draft(Minimum 500rs) as instructed.
- For 500 - 2000 credits, CLIs can be two.
- For 2000 - 10,000 credits, CLIs can be four.
- For 10,000 and more credits, CLIs can be six.
|
Download Content : |
Where any of our Services enable you to download Content to a mobile phone, personal computer, personal digital assistant or other access device you must comply with the following conditions.
- You may save such Content on your access device but (unless expressly permitted) you are strictly prohibited from saving such Content elsewhere; editing or modifying the Content; copying, distributing or forwarding the Content to one or more third parties or allowing third parties to access it.
- You should adjust the personal settings on your access device to ensure that you receive the Content that you have selected. By registering for Services you confirm that your access device can support the downloading of the relevant Content. If you are unsure whether this is the case you should check the information on this Site, consult your handbook or contact the manufacturer of your access device. We cannot be held responsible should you attempt to download Content onto an incompatible access device and you will be charged regardless.
- Without limitation, we shall not be liable in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:
(a) you have provided an incorrect phone number or other incorrect information before ordering the Content;
(b) your message mail box is full and cannot receive additional messages;
(c) your phone is switched off, out of range or for some other reason cannot be reached; or
(d) any other reason outside our reasonable control.
|
Disclaimer and limitations of liability: |
The Service is supplied, product or content to you on an "as is" basis and we make no warranties, express or implied, with respect to the Service, product and/or the Content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these Terms.
We use our reasonable endeavours to ensure that the information within the Service is accurate at the time of its inclusion, but your access to the Service and any action you carry out on the basis of data or information you obtain from or via the Service (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. The inclusion of links on the Service to third party sites not controlled by us does not imply any endorsement by us of such sites. The Service is provided to you through a variety of telecommunications systems and we are unable to guarantee error-free use or transmission of, or access to, any part of the Service.
Accordingly, we shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:
- your use of, reliance upon or inability to use our Service, product and/or Content;
- the deletion with or without notice or cause of any of your data or information stored on the Service;
- any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time; or
- the removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with these Terms.
If you are dissatisfied with any part of the Service or with any of these Terms, your sole and exclusive remedy is to discontinue using this Service. The amount incurred by you shall not be refunded in any case.You will not be entitled to a refund where we have suspended or terminated your access to the Service as a result of breach of these Terms by you. Nothing in these Terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these Terms affects the statutory rights of the consumer.
|
The Internet and third party web sites-Discalimer: |
You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other web sites, resources and/or communications networks. We accept no responsibility for their content or services, or otherwise in respect of these. We endeavour to ensure the security of your communications; however your communications pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your PC or mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service. |
Indemnity by you :
|
You irrevocably agree to indemnify us, our associates, employees, directors and our Providers fully against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses the Service via your password) in breach or non-observance of these Terms. We shall notify you of any claim that we or our Providers receive and you hereby provide us and/or our Providers with full authority to defend, compromise or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense. |
|
Anti-Spam End User Agreement :
-
Spam (sometimes called cell phone spam ) is any unsolicited (and generally unwanted) message delivered to a mobile phone. It is hereby declared and undertaken by you that the message sent through our connectivity shall not contain any statement, word(s), phrase, matter in and violation to:
any religious sentiments, communal harmony, provocative in nature, National security, shall not be defamatory to any person/individual or group and/or such message shall not be in contrary to any Law of Land of any Country and entire responsibility likely to arise from the violation shall be entirely yours. The violation of such spam shall render you liable to compensate us to the tune of Rs 5,00,000/- on first instance, Rs. 10,00,000/- on second instance and Rs. 25,00,000/- thereafter for indirect losses suffered by us on happening of such spamming activity, which compensation shall be without prejudice to all other claims and remedies available with us due to such violation.
-
You must ensure that the content sent from you does not include the sending of SMS messages or spam to recipients who have made clear that they do not wish to receive SMS messages or advertisements via SMS or other mode and that it is only sent to those that have accepted to receive such messages.
-
For any domestic message, as per the statutory guidelines, Regulatory authority guidelines (TRAI guidelines) or any other State or Central Government guidelines, you can only allow messaging with pre configured Alpha CLI and pre configured short code numeric CLI from us. The approved CLI by us shall not be tampered and the responsibility attached thereto shall be that of you. Peer to Peer messaging will not be allowed via our gateway. Violation of any such condition shall entirely be your responsibility and you hereby agree to indemnify and keep us indemnified for and against such violation. Any and/or all claims, damages, risks, liabilities, consequences (Legal and/or Moral) arisen or likely to arise from any violation by you as mentioned supra shall be solely defended and contested by you and you will keep us indemnified for the same.
-
You shall keep and provide the SMS/Message originating parties all information including but not limited to name, address, contact number, IP address and provide the same to us in order to trace the originating party in the event of happening of any spam activity.
|
Trademarks:
|
The word or mark "Cellebrum" however represented, including stylised representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trade marks of Cellebrum or one of the Cellebrum Group companies or third parties (the "Trade Marks").
You shall only make fair use of the Trade Marks and will not use them:
- as or as part of your own trade marks;
- in a manner which is likely to cause confusion;
- to identify products, services or content to which they do not relate;
- to imply endorsement or otherwise of products, contents or services to which they do not relate; or
- in any manner which does or may cause damage to the reputation of any of the above-mentioned companies
|
Suspention and termination of service: |
|
We may suspend the operation of the Service:
- for repair or maintenance work; or
- in order to update or upgrade the contents, services and/or products or functionality of the Service from time to time;
- in the event that we believe that you are or may be in breach of these Terms.
If we suspend your access to the Service to investigate or prevent a potential breach of these Terms, these Terms shall continue to apply during such period of suspension and you shall remain liable for any charges payable by you during such period.
We may terminate your access to and use of all or any part of the Service:
If we terminate your access to the Service, we may delete all information, emails and data that you have stored on the Service. Therefore, we recommend that you save copies of all information that you wish to keep on another storage device apart from the Service.
If we terminate your access to the Service for material breach of these Terms (including non-payment of any sums due by you) then you shall remain liable for any such sums and for any other sums which you have contracted to pay prior to such termination, whether or not such charges relate to Services to be provided before or after such termination date and whether or not the charges are owed and/or payable to us or to our providers or collection agents.
Cellebrum may withdraw or change the Services generally, at any time for technical, commercial, public interest or operational reasons. In the event that the Services are being permanently withdrawn by Cellebrum, this will be advertised with as much notice as reasonably possible prior to the withdrawal of the Services. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice. Termination shall not affect the accrued rights and liabilities of either you or us.
You may end the Service at any time by following the instructions on the website or contacting us, at sms56300@cellebrum.com.as set out above. Termination of the Service will not affect your obligation to pay for Services used by you or any third party goods or services previously purchased using the Service.
|
| |
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|