- The User hereby declares and agrees that (i) all information (including personal information) provided by the User during Registration is true, genuine and accurate and that the User shall ensure that all such information is current, complete, and true at all times; (ii) the User shall maintain and update the User’s registration data, in order to keep such data current, complete and true (iii) the User represents that he/she is of legal age (if the User is an individual) and has the requisite legal standing to form a binding contract with Fonetool and is not a person barred from receiving Services under the laws of India or other applicable jurisdiction.
- Upon Registration, the User will be provided a private account (User Account) and a username and password for such User Account. The User shall be solely responsible for the use and activities conducted through such User Account. The User acknowledges that, in order to regulate access to the Service, his/her authentication depends on the verification of the correct username and password. The User acknowledges and accepts that the User is solely responsible for safeguarding the confidentiality of his/her User Account information (including password(s) and user name(s)) and for any use or misuse of his/her User Account and/or the Site resulting from any third party using a password or user name issued to such User. The User agrees to notify Fonetool immediately of any known or suspected unauthorized access to or use of the User’s Account, or any other breach of security or misuse of the Site known to or suspected by the User and that Fonetool is not responsible for fraud of any person or of other Users of the User’s Account.
- The User accepts and acknowledges that usage of Credits, if any, granted free of charge by Fonetool to the User at the time of Registration or at any other time shall also be subject to the all the terms and conditions of the ToS and other Service Agreements.
General Conditions of Service
- User acknowledges that the Services provided herein are restricted to India territory and to the recipients in India only.
- The User acknowledges and accepts that Fonetool may, at its sole discretion, deactivate the User’s password and/or User Account, or suspend the User’s access to any Service without notice at any time. Further, Fonetool reserves the right to remove or cancel any of the Content or prevent the distribution of any Content, without notice and without being obliged to provide any explanation for the same. The User hereby authorizes Fonetool to rely on any data, notice, instruction or request furnished by the User to Foetool, or that Fonetool reasonably believes to have been furnished by such User.
- The User acknowledges and agrees that Fonetool acts merely as a facilitator in respect of the Services and shall not be liable or responsible in any manner whatsoever for the Content or any other aspect of such Service.
- The User agrees that Fonetool reserves the right to refuse, deny or otherwise restrict the use of the Services by any User, including the right to terminate the use of any Services by any User without notice at any time for any reason as Fonetool in its sole discretion may deem sufficient, or without reason. Fonetool shall not be liable in any manner whatsoever for such refusal, restriction or termination of the use of any Services by a User at any time.
- The User agrees that unless otherwise indicated, any modification of the Services which alter the way in which the Service can be used and/or the launch of new Services will be subject to, and therefore regulated by the ToS and other relevant Service Agreements.
- The User acknowledges and agrees that his/her access to and use of the Site, and any and/or all of the Services of, is at the User’s own risk. The User acknowledges that the Service is dependent on telecommunications companies and mobile network providers (Operators) and Fonetool makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Site network, or Services. Without limiting the foregoing, Fonetool does not make any representations or warranties about the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the information, Software, Services and materials contained on the Site for any purpose. All such information, Software, Services and materials are provided “as is” without warranty of any kind. Fonetool hereby disclaims all representations, warranties and conditions, express or implied, with regard to this information, Software, Services or materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- The User acknowledges that Fonetool does not assume any implicit or explicit responsibility for the Content stored and/or published by the User through the Site. The User further accepts and agrees that all declarations and opinions expressed by the User are the sole declarations and opinions of such User and do not necessarily represent Fonetool opinions. Any person who believes that any Content stored and/or published on the Site or distributed through the Site by any User infringes any law, is kindly requested to contact Fonetool at the following email address email@example.com
- The User acknowledges and agrees that all software utilized in connection with the Services (Software) is owned by Fonetool(fonetool) and is protected by the applicable Intellectual Property Laws of India and laws of any other jurisdiction in which such Software is used as may be in force from time to time. The User agrees that it shall not, directly or indirectly, copy, modify, create derivative works, and in any way try to discover the source codes of the Software, sell license or transfer to the third parties any right on the Software. Further the User shall not have any rights over the Software in any manner. The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Software, services or benefits obtained from the Site, except as expressly provided herein. The User further agrees that the User shall not reproduce or redistribute any Software and that the User shall not copy or reproduce the Software to any other server or location for further reproduction or redistribution. The User agrees that it shall not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Site or in any product, Service or Software provided through the Site.
- The right to use any Service is limited only to the User. Where the User is a Company, such right shall include its employees, provided that any contraventions by the employees of such Company of the provisions of the ToS or any Service Agreement shall be deemed to be violations by the Company and accordingly for the purposes of the ToS and/or any Service Agreements, the Company shall be liable to Fonetool for all such contraventions.
- The User agrees that the User shall not use a name in connection with using any of the Services that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to its identity. The User further agrees that the User shall not restrict or inhibit any other User from using and enjoying such other User’s rights in the Site or in respect to any Service and should not interfere with or disrupt the Site or servers or any network connected to the Site.
- The User agrees and accepts that the User shall not use any of the Services through or in connection with the Site to:
- rent, lease, license, grant a security interest in, or otherwise transfer the User’s rights hereunder to any third party unless otherwise expressly agreed by Fonetool;
- defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
- conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, unauthorized promotional materials, unsolicited e-mail ( including “spamming”) or multi-level or illegal marketing campaigns;
- harm minors in any way;
- publish, post, distribute, disseminate, advertise or link to any content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content;
- software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless the User owns, or controls such rights or has received all necessary consents for the publication, distribution, or linking of such software and other materials;
- software, content, or other material that constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
- harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
- violate any applicable government laws or regulations.
- The User agrees that the Services are provided by Fonetool without any implicit or explicit warranty and no advise, suggestion, help, written or verbally, provided by Fonetool to the User, shall imply any warranty from Fonetool. Fonetool cannot be held responsible of any harm coming from the inability to access or use any of the Services, or for the loss of any Content of the User or for any other loss suffered by the User as a result of using the Services. The User agrees and acknowledges that it shall be the sole responsibility of the User to keep a copy of the Content. Fonetool declines any responsibility whatsoever for any harm coming from the inability to access the Services, viruses, damaged files, errors, interruption of any of the Service, network problems, non-authorized access, modification of data, merchantability and fitness for a particular purpose or for any other claim whatsoever of a similar nature. Fonetool reserves the right to modify any and/or all the Services at any time, even without notice to the User.
- The User accepts and acknowledges that Fonetool may change any of the Services at any time and from time to time without notice, including terminating the offering of any Service altogether. The User agrees that the User may at any time be barred from accessing any of the Services or from using the Site or from receiving any services or benefits from the Site, if Fonetool determines the User to have violated the ToS or any other Service Agreements, if any representation or warranty made by the User is untrue in any respect or if Fonetool receives a court order or other legal action relating to the User Account. In addition the User agrees that, if the User violates any of these ToS or any applicable Service Agreement the User shall forfeit all Credits accrued to the User in connection with the Site and there will be no refund of any fees prepaid by the User to Fonetool.
- The User acknowledges and agrees that links (if any) within the Site may let the User leave the Site and that the linked sites are not under the control of Fonetool and that Fonetool is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site.
- The User acknowledges and accepts that Fonetool shall not in any event be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation: damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the Site or any of the Services, or with the delay or inability to use the Site or any Service and related graphics obtained through the Site; or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Fonetool or any of its suppliers has been advised of the possibility of damages. The User acknowledges that if the User is dissatisfied with any portion of the Site, or with any of the ToS or any other Service Agreement, the User’s sole and exclusive remedy is to discontinue using the Site and its related Services. It is clarified that in the event of such discontinuation, the User shall not be entitled to receive any refund of monies paid by such User to Fonetool or make any other claims whatsoever against Fonetool.
- The User confirms and declares that the Services are being availed by the User for itself and the User is not an intermediary acting for and on behalf of a third party.
- Fonetool reserves the right to suspend the services anytime with or without notice in case of any order/direction by a Statutory Body (State or Central) or Judiciary.
- You agree to receive promotional, transactional and commercial communications from Fonetool through email or SMS.
- The User shall be responsible for all Content uploaded, displayed, transmitted or otherwise used on this Site or published and/or distributed through this Site by such User and Fonetool shall have no responsibility or liability whatsoever in respect of such Content. Fonetool reserves the right, but is not obligated, to monitor or to review the Content of the User and to monitor User’s compliance with the ToS. Fonetool reserves the right in its sole discretion to edit, refuse to post or remove any Content which, in the opinion of Fonetool violates the ToS or that Fonetool for any other reason may deem unfit or improper to be used on the Site, at any time without notice to the User.
- The User represents and warrants that all Content uploaded or distributed/transmitted through the Site by it is owned by such User, or that such User is otherwise well entitled to display, sell, market or otherwise use such Content. Fonetool shall not be liable or responsible in any manner whatsoever in respect of any dispute as to the ownership of such Content or in respect of any other dispute, claim, etc. of any nature whatsoever in respect of such Content. The User further agrees to indemnify and continue to hold indemnified Fonetool against any claims of any nature whatsoever in respect of the ownership and use of all such Content.
- All Content uploaded or otherwise used on this site must conform to the content rules, if any, provided by Fonetool from time to time.
- The User acknowledges that Fonetool does not sell the Content, but rather provides a Service to transfer the Content supplied by the User from the web to mobile and other devices. Fonetool does not operate any control, monitor, validation or verification over the Content of the User, and therefore cannot be held responsible for the type of Content which can be found on its platform or transmitted through the platform. However, Fonetool shall not be responsible or liable in any manner whatsoever for the authenticity, ownership, accuracy or for any other claim whatsoever in respect of such Content.
- The User agrees that Fonetool reserves the right to charge the User for use of any Services at the rate and in the manner as may be decided by Fonetool from time to time (Consideration). The User acknowledges and agrees that Fonetool shall have no obligation to justify the amount of Consideration charged for any Service or be responsible or liable in any manner whatsoever to the User in respect of such Consideration.
- The User shall pay Consideration for all Services through use of Credit Card, net banking or offline mode by cheque or demand drafts against which Credits will be issued which shall be utilized for availing Services subject to the terms and conditions for the use of such Credits. The User shall pay Consideration in advance for the use of any Services.
- Fonetool shall not under any circumstances, be liable to refund or otherwise return any money paid by a User for use of the Services, whether by way of purchase of Credits or otherwise, except as specifically provided in these ToS.
- The Commercials mentioned here are subject to change/modification from time to time depending on the change in commercials offered by Network Operator(s) and or Statutory Body. Such changes shall be communicated to the registered e-mail ID with Fonetool or the same shall be communicated on the home page of Fonetool website.
- “Credit” means one (1) standard short message (SMS) of 160 characters which shall be reflected in the User Account of the relevant User, and “Credits” shall be construed accordingly. A standard text message is 160 characters long (SMS sent using the GSM 3.38 Character set). Users can send longer SMS of upto 918 characters which are split into smaller SMS and later joined at the receiving end which is a mobile. In this scenario, SMS length is calculated for 153 characters as 7 characters are used to concatenate the message when it is delivered to the handset.Unicode allows the support of a much wider character set, and includes most character sets in the world, the standard length of a Unicode message is 63 characters (compared to 160 for GSM). Long messages are supported for Unicode messages as well, and they are in multiples of 63 (compared to 153 for GSM).
- Any Credit once bought cannot be refunded, encashed or otherwise redeemed by the User except for the use of Services unless specifically stated otherwise in these ToS. If the User opts to close his User Account all Credits accumulated in such User Account will immediately thereafter expire and cease to be valid. If the User Account is closed by Fonetool in accordance with the rights granted to Fonetool under the ToS or any of the Service Agreements, all Credits accumulated in the User Account of such User shall stand forfeited immediately. Fonetool shall not under any circumstances incur any monetary or other liability to the User or any other person in respect of Credits expiration/forfeited as a result of closure of the User Account.
- Credits may not be transferred between Users or from one User Account to another User Account of the same User.
- Fonetool reserves the right to refuse and/or cancel the sale of Credits to any User based on its sole discretion.
- Fonetool reserves the right to withhold the Credits of any User, and/or to not permit such User to use such Credits for such period of time as Fonetool may in its sole discretion deem fit, in case if Fonetool observes that the User is misusing the Services (which includes but not limits to spamming, phishing etc). User shall not use the services for any unlawful activity (including but not limited to fraudulent transactions, fraudulent communications, phishing, communication to an individual or a group of individuals with an intention to commit any fraud or deceive them).
- Fonetool reserves the right to confiscate any Credits of a User in accordance with the provisions of this Agreement (Confiscated Credits). All Confiscated Credits shall stand forfeited immediately and the User shall not have any further monetary or other claim or right and Fonetool shall have no liability whatsoever in respect of such Confiscated Credits. Fonetool also reserves the right to amend the number of Credits based on the amendment in the cost of each Credit due to change in commercials by Operator/Statutory Body with or without intimation to the User.
Governing Law and Jurisdiction
- The User and Fonetool agree that these ToS shall be governed by the laws of India. The User and Fonetool agree that all disputes that may arise from or in connection with theToS shall be subject to the jurisdiction of the Courts of 602, 6th Floor, D Mall, Netaji Subhash Place, Delhi – 110034.
In addition to the General Conditions of Service any User of API Services shall be bound by the following terms and conditions:
- The User acknowledges and undertakes that the User shall not have rights over any API offered by Fonetool for the User to enhance the options for utilization of Services and such API shall belong to Fonetool. Fonetool has disclosed the API only for the purpose for utilization of Services by the User. The User undertakes and agrees that it shall not, except with the prior written consent of Fonetool: (i) allow or in any manner facilitate or permit the utilization of any APIs by any person other than the User; (ii) develop/create/build any product or service using one or more of the APIs to be used except by the User; (ii) redistribute or reuse any APIs or distribute or sell any products or services developed using any APIs. The User acknowledges and accepts that if it wishes to undertake any of the actions stipulated in (i), (ii) or (iii) above, the same would be subject to the prior written consent of Fonetool and subject to specific additional terms and conditions stipulated by Fonetool, in its sole discretion, in this regard.
- The User acknowledges and agrees that it shall be solely liable, directly or indirectly, for all damage or loss caused or alleged to be caused to Fonetool, by or in connection with any misuse of the API or due to use of any API other than in accordance with the terms specified herein.
- The User hereby agrees to defend, indemnify and hold harmless and agrees to continue to keep indemnified Fonetool, its affiliates, directors, officers, employees etc. without any demur or protest, against any/all losses, damages, actions, proceedings including but not limited to legal expenses with respect to any action taken by any Statutory Body or the Operator with respect to the misuse of the API including but not limited to.