NOTICE TO THE END USER:
Terms of Service – SMS2.0 / SMS+ Service
NOTICE TO THE END USER:
PLEASE READ THE FOLLOWING TERMS & CONDITIONS (“T&Cs”) CAREFULLY WHICH ARE APPLICABLE TO THE SMS2.0 / SMS+ SERVICE LAUNCHED BY YOUR NETWORK OPERATOR IN ASSOCIATION WITH AFFLE INDIA PVT. LTD. (“LICENSED MATERIALS”). BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE “LICENSED MATERIALS” YOU ACCEPT ALL THE T&Cs. IF YOU DO NOT AGREE WITH THEM, PLEASE DO NOT USE THE LICENSED MATERIALS. CLICK OK TO ACCEPT AND OR CANCEL TO EXIT
These T&Cs are subject to the notifications/ directives of TRAI and DoT and shall be in addition to the T&Cs of the Subscriber Enrolment Form of your Network Operator.
In order to install any Licensed Materials, you must agree to these T&Cs.
The detailed T&Cs, together with those governing your contract with your network operator, constitute the Terms of Service governing your use of the Licensed Materials.
Installation and use of the Licensed Materials is voluntary. For uninstallation, please go to the application installer on your phone and uninstall the application.
Your network operator may modify or discontinue your right to access or use the Licensed Materials at any time and for any reason whatsoever.
There are no charges for using this application. However, any content downloads or browsing done through clicking on the options would attract applicable charges if any. Advertising messages may be displayed from time to time through Licensed Material. Frequent communication via SMS and Email may also be sent to communicate product attributes and gather feedback.
1. Ownership and Authority to Bind Users of Subscribers' Computers
This is a third party application and all the intellectual property in the Licensed Materials is owned by Affle (India) Pvt. Ltd., 102, WELLINGTONE, BUSINESS PARK1, MAROL, ANDHERI EAST, MUMBAI, MAHARASHTRA, Pin Code: 400059.
It is assumed that you are the owner of the mobile phone on which the Licensed Materials will be installed, or you must be authorized by the owner of the mobile phone to install it.
2. Scope of License and License Restrictions
The Licensed Materials are provided solely for your personal and non-commercial purposes. The Licensed Materials are merely licensed and not sold to you and user rights with regard to the Licensed Materials are granted hereunder. You shall not modify, adapt, translate, reverse-engineer, decompile, disassemble, or otherwise discover the Licensed Materials. All communications between us and the Licensed Materials and the content stored on our servers and in the Licensed Materials includes confidential information and you shall not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as may be performed by the Licensed Materials in the ordinary course of operation. You shall not have the right to create derivative works of Licensed Materials.
The Licensed materials may allow you to access third party websites. Your access and use of any such third party websites, including any goods, services and/or information made available by such sites, is governed by such the T&Cs found at each third party website, if any.
Any access of third party websites (as already stated in the agreement will apply here) will be entirely at your risk. Third party websites are not under the control of Affle and the end user will be bound by their privacy policy and agreement, if any. Affle accepts no responsibility and/or liability for any personal information rendered by you on the third party websites.
3. Interference
Use of any robot, spider, other automatic or non-automatic manual device or process intended to interfere or attempt to interfere with the proper working of the Licensed Materials is prohibited.
4. Updates
Occasionally, the Licensed Materials may be automatically, or through other means, updated, upgraded, or patched. Your license to an existing version of Licensed Materials may, at our discretion, expire when new versions of Licensed Materials are released.
As per the current business model, the application can be downloadable free of cost. Updates/upgrades are also planned to be free of cost (however we may plan to introduce premium add-on features that would be chargeable, there are no current plans for the same.)
The application is currently compatible with Nokia S60, S40 and J2ME mobile handsets, if a customer with a non-compatible handset attempts to download it, he/she is notified that his/her handset is not compatible and given information on compatible handsets
Notwithstanding the foregoing, the Network Operator/ AFFLE have no obligation to make available to you any subsequent versions of Licensed Materials. Any subsequent versions made available to you would require the end user to freshly accept the T&Cs contained with the modified version.
5. DISCLAIMER OF WARRANTY
USE OF THE LICENSED MATERIALS IS AT YOUR OWN RISK. WE PROVIDE THE LICENSED MATERIALS ON AN "AS IS," "WHERE IS" BASIS MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. NOTWITHSTANDING THE FOREGOING YOU AGREE THE USE OF THE LICENSED MATERIALS BY YOU IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE ALSO DISCLAIM ALL LIABILITY WITH REGARD TO YOUR VIEWING OF ANY WEB PAGES THAT MAY BE AVAILABLE BY LINK OR OTHERWISE FROM SEARCH RESULTS OR OTHER INFORMATION YOU RECEIVE WHEN USING THE LICENSED MATERIALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. WE MAKE NO WARRANTY THAT INFORMATION PROVIDED BY THE LICENSED MATERIALS IS ACCURATE, RELIABLE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OTHERWISE WILL MEET YOUR EXPECTATIONS.
Disclaimer Of Warranty shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
6. Modification of terms
The above T&Cs set forth the entire understanding between you and your network operator with respect to the service. Except as described herein, you shall not assign these Terms without prior consent. Your network operator/AFFLE may at anytime with or without notice change these terms. In such case, and when appropriate, consent will be sought to the new terms from the end user.
7. Applicable Law and Jurisdiction
The laws of the Singapore will govern these Terms. This agreement will not be governed by the conflict of law principles. The courts of Singapore shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and the end user hereby consent to the jurisdiction of such courts.
8.Severability
If any provision of this agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9. General
All captions and heading in this agreement are for convenience only and shall not in any manner affect the construction and interpretation of any of the provisions contained herein. Any waiver of any default or breach hereunder shall not constitute a waiver of any provision of this agreement.
This is the entire agreement between Affle and the end user relating to the Licensed Materials and it supersedes any prior representations, discussions, undertakings, communications, advertisements, public relations exercises, all made in relation to the Licensed Materials.