ACL Wireless Limited (hereinafter referred to as ACL) and the User (here in after referred to as User), mutually agree to the following terms and conditions and enter into an agreement ("User Agreement") for messaging over the SMS
(The User must have a valid Mobile connection and SMS compatible handset to avail the services.)
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| Acceptance |
By using Services, User agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any ACL Network web site or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
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| Registration |
User agrees to comply with all formalities required in respect of the registration and other requirements as may be prescribed by ACL authorized software provider of chatZone, from time to time. All the registration shall be made through the valid Mobile connection using the SMS service. Only one registration will be made available on one mobile number. However in case User does not avail the service for two consecutive months, ACL reserves the right to cancel the registration. By completing the registration process, the User agrees to be bound by these terms of use.
The Services may require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various ACL Network registration forms ("Registration Data") and (b) User will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provide any information that is untrue, inaccurate, not current or incomplete or ACL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ACL has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
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| Account and access |
User Name and Password - User will be assigned a password and ACL Network ID, variously referred to as User Name, and/or User ID simply ID. User is responsible for maintaining the confidentiality of the password and ID, and is fully responsible for all activities that occur under its password or ID. User agrees to immediately notify ACL of any unauthorized use of password or account or any other breach of security. The ACL Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. At any given point of time, only one User ID would be made available through one mobile connection.
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| Prohibited Acts |
Listed below are some, though not all, violations, which may result in termination the Users account. The User hereby agrees not to do any of the following actions while using chatZone:
User agrees that he will not use ACL Services to:
Harass, threaten, embarrass or cause distress or discomfort upon another chatZone participant, user, or other individual or entity;
Transmit via chatZone any information, data, text files, links, software, chat communication or other materials ("Content") that ACL considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
Impersonate in chatZone any person, including but not limited to, an ACL official, forum leader, guide or host;
Disrupt the normal flow of dialogue in the chatZone service or otherwise act in a manner that negatively affects other participants;
Post or transmit any advertising, promotional materials or any other forms of solicitation at chatZone website or via chatZone service;
Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing chatZone or in connection with the use of chatZone in any manner.
ACL reserves the right to terminate any User's account at its sole discretion, if ACL learns or it becomes aware and determine that such User has provided ACL with false or misleading registration information and such User is violating any of the foregoing guidelines.
ACL, the authorized software provider of chatZone, ACL, shall not be responsible for any loss, misuse of the password of the User's account for chatZone services, in any manner whatsoever.
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| Software License |
ACL, authorized provider of chatZone Software, provides users with a limited non-exclusive, non-transferable license of its software (the "ACL Software"), subject to the terms and conditions of this User Agreement (the "Agreement"). Any new features, changes or updates to the ACL Software shall be subject to this Agreement unless explicitly stated otherwise. It is specifically agreed by User that it will not modify, copy, distribute, transmit, displace, reproduce, publish, license, transfer or otherwise attempt to change the function of the ACL Software. In addition, User shall not decompile, disassemble, analyze or otherwise reverse engineer the ACL Software.
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| Consideration |
The User agrees to pay for all charges/tariff as applicable from time to time in respect of the chatZone services over SMS.
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| Permission |
The User hereby grants unqualified and unconditional permission to ACL and/or ACL's authorized software provider of chatZone, ACL, to access, redirect and/or otherwise obtain or transmit through any means data (information and any other material that may be proprietary to the User) forming part of other service including internet enabled services such as e-mails, instant messaging etc, that the User subscribes to and wishes to receive and/or transmit via chatZone services. By submitting Login Ids, Content to any messenger services and or services, you automatically grant - or warrant that the owner of the user ID and Content has expressly granted - ACL and or ACL's authorized software provider of chatZone, ACL, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, perform and display such Content to the user through SMS. However in case ACL or its service provider shall not be responsible in any manner in case of change in policy of any other messenger service provider.
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| Representation |
ACL and or ACL's authorized software provider of chatZone, ACL, shall make reasonable efforts to enable the User to avail the chatZone service. Due to any technical or non-technical reasons, the service availability/reliability may be affected. ACL and/or ACL is entitled, without any liability to refuse, limit, suspend, vary and/ or interrupt service at any time at its discretion without any notice, for any reason whatsoever. ACL will not be liable to refund and/or pay damages, etc. in case of disruption of services for any reason whatsoever. This User Agreement is subject to Force Majeure circumstances.
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| Changes |
ACL reserves the right to add or change/ modify the terms contained herein. Any changes shall be posted to the ACL website and it is the sole responsibility of the Customer as a user to refer to the terms for accessing the service. Any access to the service is the deemed acceptance of the revised (if any) terms of use of the chatZone service.
ACL reserves the right to extend, withdraw, cancel, discontinue, change, alter or modify this service or any part there of (including and not limited to tariff, rates and other charges as applicable for the service) at its sole discretion, as may be required and/or statutory changes and the same shall be binding on the Customer. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
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| Disclaimer of Warranties |
ACL and /or ACL's authorized software provider of chatZone, ACL, expressly disclaim all warranties of any kind, express or implied, including without limitation any warrant of regarding the Messenger service. ACL and or ACL's authorized software provider of chatZone, ACL, does not make any warranty to meet the User's requirements, or that the chatZone service will be uninterrupted, timely, secure, or error free; nor does ACL and or authorized software provider of chatZone, make any warranty as to the result that may be obtained from the use of messenger services or as to the accuracy or reliability of any information obtained through messenger services. The User understands and agrees that any material and /or data transmitted, downloaded or otherwise obtained through the use of chatZone service is at the User's own discretion and risk and that the User will be solely responsible for any damage to the User's handset or loss of data that results from the transmission or download of such material and/or data and any damage suffered as a result of the use of such material and /or data transmitted or downloaded from the chatZone service. No advice or information, whether oral or written, obtained by the User with regard to chatZone service shall create any warranty not expressly made herein.
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| Limitation of Liability |
ACL and its parent, affiliates and associates including authorized software providers, shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use chatZone service or messages received/transmitted or transactions entered into using chatZone service or resulting from unauthorized access to or alteration of the User's transmissions/download or any other data, including but not limited to, damages for loss of profits, use, data or other intangible, even if ACL and its parent, affiliates, associates and or ACL, has been advised of the possibility of such damages.
The content for Messenger services are being provided through various parties. ACL and/or ACL's partners shall neither be responsible nor liable for any defect/deficiency of services provided by the content providers and shall not be liable for any loss/ damage / claim arising there from. |
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| Intellectual Property |
The User agrees not to upload or transmit any Content to or via the chatZone service that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. Unless otherwise stated, copy right and all intellectual property rights in all material presented and /or appearing on the ACL website (including but not limited to text, audio, video or graphic images), trademarks and logos are the property of ACL and / or ACL's parent, affiliates and associates and are protected under applicable international laws. Any infringement shall be vigorously prosecuted and pursued to the fullest extent permitted by law.
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| Indemnification |
The User agrees to indemnify and hold ACL, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, both direct as well as indirect including legal costs, made by any third party due to or arising out of User's use of chatZone service, the violation of this User Agreement or the terms of use, stated herein by the User or the infringement by the User or any other user of User's account, of any intellectual property or other right of any person or entity.
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| Non Waiver and Separability |
ACL's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions 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 agree that the other provisions of these Terms and Conditions remain in full force and effect.
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| Applicable law |
Any and all disputes arising out of or in relation to the chatZone service, and /or the use of SMS services or in relation to the terms and conditions of use stated in this User Agreement or any other User Agreement Form are governed by the laws amenable to the exclusive jurisdiction of the courts of law in Delhi, India Only.
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