Terms of Use


These Terms of Use (the “Terms”) are entered into by and between you and vMobo Mobile Private Limited (vMobo). These Terms govern your use of (1) the vMobo websites, which are comprised of various URLs and web pages operated by vMobo, including without limitation vmobo.com (collectively, the “Site”), and (2) any other services, products, software and applications provided by vMobo, and any other services accessible using a mobile device (collectively, the “Services”). By using the Site and the Services, you acknowledge that you have read and understood all of the Terms, and you agree to be bound by these Terms. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The Site and the Services are not permitted for use by anyone under the age of thirteen. If you do not agree to these terms, do not use the site or the services.


vMobo reserves the right to change the Terms under which the Site and the Services are offered in its sole and absolute discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Site or the Services. All changes to the Terms are effective from the date posted. Unless otherwise amended these Terms shall apply to any modified version or upgrade of the Site or the Services.


Please read these terms carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved. Please note that vmobo does not provide warranties for the site or the services. These terms also limit vmobo’s liability, as further set forth in sections 5 and 6. Please read them carefully.

Description of the Services

vMobo enables users to submit search queries or questions by accessing the Site or the Services via the Internet browser of the user’s choice and/or by using a mobile device and service. Users are responsible for obtaining access to the Site and the Services, and that access may involve third party fees, costs, or expenses (such as those incurred in association with Internet access, wireless telephone access, text messaging, or other access and communication services fees). vMobo may provide the Site and/or the Services with or without the assistance of a human assistant (a “Guide”).

Standard telecommunication rates, text messaging rates, and other rates may also apply depending on your telecommunications provider and service plan. Please check your plan or call your telecommunications provider to be sure of all costs associated with the use of your wireless device.

You can gain access to the Services available using a mobile device by entering your telephone number and wireless carrier information via the web form found at http://www.vMobo.com, by texting a search query or question to the short code 5667755 for more information. Text search queries or questions must be no more than the length of a single text message (i.e., 160 characters). Your access to the Services may be restricted or limited by vMobo or by your telecommunications provider and service plan.

The Site and the Services may contain links to third party web sites or programs that are not controlled by vMobo. vMobo is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant’s refusal to honor any offer. Your dealings with third parties are solely between you and the applicable third party.

Limited use of the Services

vMobo reserves the right to restrict the use of certain features of the Site and the Services. Although vMobo hopes you will find the information that you obtain via the Site or the Services to be useful, vMobo does not guarantee that the information will (a) be accurate, complete or useful in any way whatsoever, (b) include all of the information available relating to a topic or query, or satisfactorily address your query. Information provided by the Site or the Services is not and cannot be used as a substitute for the advice of a qualified doctor, psychiatrist, psychologist, accountant, attorney, financial analyst, or other professional. Accordingly, if you need advice regarding a regulated or specialized field or industry, you must seek a professional who is licensed, qualified or knowledgeable in that area. The Guides who assist vMobo in providing the Site and the Services are independent contractors who operate under a separate agreement with vMobo. vMobo is not in any manner legally responsible for any content provided, or actions taken, by Guides, including any content or actions which may be taken as offensive, defamatory, harassing, fraudulent, inaccurate, or otherwise objectionable. You may report any concerns to vMobo by use of the Contact link provided herein, as well as the Contact link located on the vMobo homepage.

Your use of the Site and the Services, including any communication by, with or to vMobo, may be recorded. By using the Site and the Services, you consent to such recording.

The Site and the Services are provided on an “as-is” basis and should not be relied upon for any purposes whatsoever. No commercial use or use that could be construed as commercial use is permitted without the express written consent of vMobo. Any rights, not expressly granted under these Terms are reserved by vMobo. vMobo grants you a personal, nonexclusive ability to use the Site and the Services only as authorized in these Terms.

You may use the Site and the Services only for legal and appropriate uses. vMobo reserves the right to make changes to the Site and the Services at any time and without notice. Your access to the Site and the Services is completely at the discretion of vMobo, and your access to the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:

When you visit the Site, use the Services, or contact vMobo by other means, you consent to receive communications from vMobo. vMobo may contact you electronically or by other means vMobo chooses. You agree that all agreements, notices, disclosures, and other communications that vMobo provides to you via text message, email, or other form of electronic communication shall satisfy any legal requirement that such communications be in writing.

By accepting these Terms and submitting a query or request to vMobo via voice, text, or internet, you expressly agree that we may send a response to your queries to your wireless device or email via an SMS text message or email or WAP Push Message or MMS message. You are granting express permission to receive our response even if you are registered on a Do-Not-Call registry (NDNC). You expressly agree that, as part of the Services provided by vMobo, you may receive promotional communications, alerts, and third party advertising materials from vMobo via text message. You may stop receiving such text messages by emailing your request to opt-out, along with your wireless telephone number, to vClusive@support.in , or following any opt-out instructions in the relevant text message.

When you register on the Site, or sign up for the Services, you expressly agree to these Terms, whether such registration or sign up is completed directly with vMobo or one of our partners, through online or offline means.

You may cancel your access to the Services accessible using a mobile device by sending an email to vMobo at vClusive@support.in

Unintended parties may receive communications which are directed to vMobo by you or which are directed to you by vMobo. vMobo is not responsible for any communications which are lost, intercepted or misdirected. Your telephone number and communications may be intercepted by third parties without your or vMobo’s knowledge or permission. vMobo is not responsible for information sent using text, voice, or other communication services.

In connection with your use of the Site or the Services, you may be required to register with vMobo by providing certain personally identifiable information about yourself, including, but not limited to, your name, age, gender, zip code, email address and mobile telephone number. In consideration for vMobo granting you access to the Site or the Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and as necessary for vMobo’s provision of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if vMobo has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, vMobo has the absolute right to suspend or terminate your use of the Site or the Services at any time and refuse you any and all current or future use of the Site or the Services. You may receive a registration key/password in order to access the Site or the Services. You are solely responsible for maintaining the confidentiality of the registration key/password, and are solely responsible for all activities that occur under your registration key/password, and vMobo may rely upon the authority of anyone using your account or password. In the event that the confidentiality of your account or password is compromised in any manner, you should notify vMobo immediately. vMobo reserves the right to take any and all action it deems necessary to ensure the integrity of the Site, the Services and your account, including but not limited to terminating your account, changing your password, or requesting additional information in order to access your account. In no event and under no circumstances will vMobo be held liable to you for any liability or damages resulting or arising from any action or inaction of vMobo under this provision, any compromise of the confidentiality of your account or password, and any unauthorized access to your account or use of your password. Any unauthorized use of the Site or the Services will terminate any permission or license granted under these Terms and may violate applicable laws and statutes including trademark laws, copyright laws, and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.

Your use of the Site and the Services are governed by the vMobo Privacy Policy. By using the Site and the Services you agree and acknowledge that your use of the Site and the Services are also subject to the VMobo Privacy Policy.

You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Site or the Services.

Intellectual Property

vMobo is the owner or licensee of all copyrights in and to the content, designs, information, text, software, HTML code, data, images and materials displayed on, or used in connection with, the Site and the Services (“Content”). You expressly assign to vMobo any intellectual property rights that may result from your use of the Site or the Services, including but not limited to any copyright interest that you obtain in the work product that results from any communication that may take place between you and vMobo through your use of the Site or the Services (“Work Product”). By making any Content or Work Product available through the Site or the Services, vMobo does not grant any license or other authorization to copy, use, reproduce, perform, display, or distribute its copyrightable material, or other intellectual property, except as provided herein. For purpose of clarification but not limitation, you may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any Content and/or Work Product, unless you first obtain the written permission of vMobo. If you make use of any Content and/or Work Product other than as authorized herein, you may be in violation of copyright laws and other laws of India and other countries, as well as applicable state laws.

Other than Work Product and Content, vMobo does not claim ownership of any other correspondence, materials, and information that you submit to vMobo, or that you post on the Site (“Your Materials”). Nevertheless, you automatically grant to vMobo an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, copy, adapt, modify, translate, publish, perform, display, distribute, make available, and store Your Materials, and to prepare derivative works based on Your Materials. Additionally, you agree that vMobo may sublicense and/or assign its rights in Your Materials. No compensation will be paid with respect to this use of Your Materials. You also grant vMobo the right to use your name in connection with Your Materials, for testimonial and similar purposes. vMobo is under no obligation to post or use any of Your Materials, is under no obligation to maintain Your Materials and may remove Your Materials at any time in vMobo’s sole discretion. You agree that you shall have no recourse against vMobo for any alleged or actual infringement of any proprietary rights in Your Materials, and that the submission of such materials to vMobo, irrevocably waives any and all “moral rights” in Your Materials including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all rights to Your Materials, and that the content is accurate, will not cause harm to any person or entity, that the use of Your Materials does not violate these Terms, and that you indemnify vMobo for all claims resulting in any way from the use of Your Materials.

VMOBO, the VMOBO logo, the vClusive logo, 5667755 as well as other trademarks and logos and other names of vMobo’s products and services referenced on the Site are exclusively owned by vMobo. All other products, services, and company names mentioned on the Site are the trademarks of their respective owners. By placing them on the Site or within the Services, vMobo does not grant to you any license or other authorization to copy, reproduce, or use the trademarks or logos, except as provided herein.

If you believe that any material on the Site infringes on any copyright that you own or control, please follow the procedures outlined in our Notice to Copyright Owners.

vMobo is the owner, licensee, or assignee of all legal right, title and interest in and to the Site and the Services, including any intellectual property relating to the Site and the Services which may include any registered or unregistered rights or any patent pending technology.

Links

The Site and the Services may contain advertisements, promotions, and links to external websites. Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Site and the Services are solely between you and such parties. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that vMobo is not responsible or liable for any loss or damage incurred as the result of any such dealings. vMobo does not endorse, and vMobo is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of the Site. vMobo is not responsible for the privacy practices or the content of other websites. For your protection, please refer to the terms of service and privacy policies of the respective websites. You acknowledge, understand and agree that vMobo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other websites. vMobo shall not be liable for any errors or delays in the content, goods or services available on such other websites, or for any actions taken or not taken in reliance thereon.

Disclaimerof Warranties

To the extent permitted by applicable law, the site and the services are provided “as is,” “with all faults,” “as available” and without warranty of any kind, either express or implied. Vmobo does not guarantee, represent, or warrant that your use of the site or the services will be uninterrupted, error free, or virus free, or that the site or the services will meet your requirements. Any information provided by or otherwise obtained through the site or the services has not been verified, and neither vmobo nor any guide guarantees, represents, or warrants that such information is accurate, complete, reliable, or otherwise valid. Vmobo does not endorse or recommend, and expressly disclaims liability for, any product, manufacturer, distributor, service or service provider mentioned in any query or response.

Vmobo disclaims all warranties, express or implied, including, but not limited to any warranty of title, non-infringement, merchantability, fitness for a particular purpose, workmanlike effort, or any warranty arising from a course of dealing, trade usage, or trade practice. These disclaimers apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of vmobo’s records or information, whether for breach of contract, tortious behavior, negligence, or any other cause of action.

Limitation of Liability

You acknowledge and agree that use of the site and the services are at your sole risk. You acknowledge that information transmitted through the internet, the services or otherwise, is not secure.

Neither vmobo, nor any of vmobo’s guides, employees, subsidiaries, affiliates, agents, representatives, or licensors (collectively, “vmobo associates”) shall be liable to you or any third party for any compensatory, direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or attorneys’ fees, or for lost data or lost profit, arising out of your use of the site or the services or inability to gain access to or use the site or the services or out of any breach of any warranty, even if vmobo or a vmobo associate has been advised of the possibility of such damages or such damages were foreseeable.

Your sole right and remedy with respect to any dispute with vmobo or any vmobo associate is to stop using the site or the services. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or special damages, in such states and jurisdictions liability is limited to the greatest extent as permitted by law. If the foregoing limitations are unenforceable, you agree that vmobo’s liability to you under these terms shall not exceed inr three (rs 3.00).

The site and the services are controlled, operated and administered by vmobo from its offices within the united states. Vmobo makes no warranty or representation that material available through the site or the services is legal, appropriate, or available for use outside the united states. If you access the site or the services from a location outside the united states, you are responsible for compliance with all applicable laws, and vmobo accepts no responsibility for such access.

You agree to defend, indemnify, and hold harmless vmobo and the vmobo associates, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys’ fees, arising in connection with use of the site and the services by you, or in connection with a violation or breach of these terms by you, including without limitation, your violation of any laws governing communications or intellectual property.

You acknowledge and agree that any and all disclaimers in these terms and the provisions of these terms reflect a fair and reasonable allocation of risk between vmobo and you.

Dispute Resolution

These Terms and the relationship between you and vMobo shall be governed by the laws of India, without regard to any conflict of law or choice of law provisions of any state to the contrary. To the extent you have in any manner violated or threatened to violate vMobo’s intellectual property rights or your obligations with respect to vMobo’s confidential information, vMobo may file an action seeking injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to the personal jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the courts located within Mumbai, India. in the event of any dispute, and waive any future right to object to this designation of jurisdiction and venue and waive any right to a jury trial in connection with any such action. You agree that any claim or cause of action arising out of or related to use of the Site or the Services or these Terms must be brought within one (1) year after such claim or cause of action accrues or be forever barred. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you, your successors and permitted assigns.

Miscellaneous

The failure of vMobo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. Nothing in these Terms shall be construed to establish a partnership, joint venture, agency, employment, or other business relationship between you and vMobo.

You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. vMobo shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.

These Terms, including any documents referenced herein, represent the entire understanding between you and vMobo regarding your relationship with vMobo and your use of the Site and the Services. These Terms shall not be construed against any party by reason of their preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms supersede all previous written or oral agreements between you and vMobo with respect to such subject matter. Where vMobo has provided you with a translation of an English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with vMobo. If there is any contradiction between what the English language version of the Terms say and what a translation says, the English language version shall take precedence. Notwithstanding any provisions of these Terms, vMobo has available all remedies at law or equity to enforce these Terms.

Updated: 10 March, 2011

Terms and Conditions of Website Use


This page states the Terms and Conditions under which you (Visitor) may visit this Web site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. vMobo Inc. (vMobo), any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries (around the world) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

Use of Content

All logos, brands, marks headings, labels, names, signatures, on this site are properties owned, by vMobo and / or its associate entities who feature on this website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.

Acceptable Site Use

Security Rules

Visitors are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Web site, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. vMobo and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Indemnity

You agree to defend, indemnify, and hold harmless vMobo and/ or its associate entities, their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website material or your breach of these terms and conditions of Website use.

Liability

While all reasonable care has been taken in providing the content on this Website, vMobo shall not be responsible or liable as to the completeness or correctness of such information and any or all consequential liabilities arising out of use of any information or contents on this Website.

No warranty is given that the Website will operate error-free or that this website and its server are free of computer viruses or other harmful mechanisms.

The web site is provided on an 'as is' basis without any warranties either express or implied whatsoever. vMobo and / or its associate entities, to the fullest extent permitted by law, disclaims all warranties, including non-infringement of third parties rights, and the warranty of fitness for a particular purpose and makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.

Disclaimer of Consequential Damages

In no event shall vMobo, or any parties, organisations or entities associated with the corporate brand name vMobo, vClusive or otherwise, mentioned at this website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the website and the website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisations or entities were advised of the possibility of such damages.