The use of this web site at www.mdefence.in and or the mobile application mDEFENCE is subject to these terms and conditions of use Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE AGREEING TO SUCH TERMS AND CONDITIONS AND USING THE SITE AND/OR MOBILE APP.
By using the website, and/or the mobile application, you indicate your agreement to these TOU, including Privacy Statement. Please read this page carefully. If you do not accept the TOU stated here, do not use the website and/or application. Since the TOU may change over time and without any advance notification you should also occasionally visit this page to review any modifications to the TOU because they are binding on you.
For website users
This is a Trial Version of Application based upon the policy changes the user will be notified interms of features, commercials, policies etc. Company shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any person who accesses or uses this website or utilizing any service offered on this website/mobile application or relying on any information contained on this website or the services offered thereof for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
- Errors or discrepancies in the information provided
- Any unauthorized access of this website by third parties
- Any breakdown or failure of any equipment or medium of access to this website
- Any failure or unavailability of any of Company's or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website.
- Any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.
The Company's Site may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, or completeness of any of its content. Company is not responsible for a customer's failure to use or complete necessary steps in using the service. By registering for the service you acknowledge that you are fully aware of all charges involved and usage of the service. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people who misrepresent themselves online. When you use our Sites you assume all risks associated with dealing with other users with whom you come in contact through our Sites. By its very nature, other people's information may be offensive, harmful, inaccurate, or untrue. Please be careful when using our, and other online, sites.
User authentication on the Internet is impossible and therefore the Company does not warrant that each user is who they claim to be. Since the Company is not, and cannot be involved in user-to-user dealings or control the behavior of the participants on any Site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims and damages (whether actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Company may vary the Content or the technical specification of the Content from time to time.
Company may withdraw or change the Content at any time for technical, commercial, public interest or operational reasons. In the event that Company permanently withdraw the Content, this will be advertised with as much notice as possible prior to the withdrawal of the Content. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice.
You acknowledge and agree that you are solely responsible to:
- Provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data");
- Maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete;
- Maintain the security of your password and identification;
- Notify Company immediately of any unauthorised use of your account or other breach of security;
- Accept all responsibility for any and all activities that occur under your account; and
- Accept all risks of unauthorised access to the Registration Data and any other information you may provide.
You are specifically prohibited from:
- Downloading, copying, or re-transmitting any or all of the Service or the website Content without, or in violation of, a written license or agreement with Company;
- Registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party from the website
- Using the Service or the website Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including, with out limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
Permitted Uses Of Our Sites
You agree to use this Service together with Company for the solely personal purposes for which you were licensed,. All content is the property of the Company, and all content is protected by applicable trademark laws, both Indian and foreign. You are not allowed to sell or modify the Sites' content for any public or commercial use. In case of any violation, Company shall have the right to take any action permitted under law. The use of the Sites' content on any other web site or in a networked computer environment for any purpose is also expressly prohibited.
the security of any Site by engaging in the following: (a) accessing data not intended for such user or logging into an account which the user is not authorized to access; (b) attempting to test the vulnerability of a system or to breach any security or authentication measures; or c) attempting to overload, spam, or crash any Site by means of a "virus" or other software "attack" upon the Sites' integrity. Any attempted Site violations may result in civil or criminal liability, and the Company will prosecute users who are involved in such violations.
Users may not use any Sites in order to transmit, or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) in a manner which jeopardizes India's national security, contributes to social unrest, or sectarian violence.
All users agree not to engage in any activity which seeks to take advantage of or exploit other users of the Sites, or of the Sites themselves. This prohibited behavior includes, but is not limited to, the following: (a) offering business or sales opportunities; (b) offering jobs from competitors of the Company, (c) posting any inaccurate or misleading content on the Sites; (d) sending any unsolicited offer to Site users; (e) deleting any content or posting of other users; (f) engaging in any behavior which has the effect of degrading the performance of the Sites; (g) reverse engineering any portion of the Sites; (h) using or inserting a personal or corporate URL, web link, or email address, into any portion of the Sites (except where specifically requested by the Sites) and (i) duplicating, posting, or linking any Site content to other sites not belonging to the Company.
Company has areas on the Site where you can submit feedback. Any feedback you submit in these areas becomes our property, and Company can use such feedback (such as success stories) for marketing purposes or to contact you for further information.
You acknowledge, give your unconditional consent and authorize the Company to send you promotional SMS and voice call alerts on your registered mobile number as and when Company deem necessary.
1. Choices regarding the disclosure of personal information to others.
Company discloses information to third parties if you consent to such disclosure. Company use data Company have about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities, products or services of a particular third-party.
Company disclose information if legally required to do so, if requested to do so by a governmental entity or if Company believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
Company discloses and transfer information to a third party who acquires all or a substantial portion of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event Company become the subject of a bankruptcy proceeding, whether voluntary or involuntary, Company or our trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court. You will be notified of sale of all or a substantial portion of our business to a third party via email or through a prominent notice posted on the Monster Sites.
If You Send unsolicited ideas Company Has The Right To Use Them Without Compensation.
You are always welcome to provide Company with your opinion as to the quality of Company services, however, please do not send us any creative ideas, suggestions or other materials. Unfortunately, in the past other companies have been sued for patent infringement by individuals who provided the company with unsolicited ideas which the company later adopted. Therefore, it is our stated policy that Company will not accept or consider creative ideas provided by our users. If you do provide Company with such materials, please be advised that all such ideas will become the property of the Company, and Company will Company incur no obligation to you, and can use all such ideas without compensation.
What To Do If You Suspect Copyright Infringement
If you believe that your copyrighted work is on any of our Sites in an infringing manner please provide Company with the following:
- Identify the material on the Site that you claim is infringing, with enough detail so that Company may locate it.
- Identify the material on the Site that you claim is infringing, with enough detail so that Company may locate it.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
YOU ACKNOWLEDGE AND WARRANT THAT THE COMPANY HAS NOT INSTIGATED AND/ OR FORCED YOU TO DEPOSIT MONEY IN THE COMPANY ACCOUNT IN RETURN OF JOB GUARANTEE OR ASSURED PLACEMENT.
Company aim to provide you with the Service at all times. However Company as a service provider contract third parties for facilities and components to enable the provision of the Service to you. Company can make no promises or warranties, express or implied as to the Service, including without limitation, speed, access, its accuracy, relevance or quality and cannot be held responsible for network connectivity problems including, but not limited to, mobile phones and the internet, which may occur and are outside our control.
Therefore the Service is provided on an "as is" and "as available" basis and Company make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of availability, speed, completeness, accuracy, satisfactory quality and fitness for a particular purpose.
You acknowledge that:
- The service is designed to locate the phone of a person. For the service to work, the phone has to be switched on and within network coverage.
- This mobile application when launched, tracks user's movement through GPS (Global Positioning System) and sends location information to the server. It also displays user's current location on the Google map. User can send SOS alert to server by pressing panic button of the mobile application.
- it is technically impossible to provide the Service free of faults and that Company do not undertake to do so;
- faults may lead to temporary unavailability, a malfunction of the Service;
- the results that may be obtained from the use of the Service may include inaccuracies or typographical errors.
- the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our service, and between us and other systems and networks.
- that some of the information, is supplied to us by third parties and accordingly Company offer no warranty of whatever nature in relation to such information.
- that the Service may, from time to time, be adversely affected by events outside our control, including, but not limited to, congestion, network coverage and dropped connections. These adversely affected events may result in a message or instruction not being received by us or by your contacts. In no event shall Company be liable for any loss, damages, consequence or cost as a result of us, or your contacts, not receiving a message
- Company do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable. Under no circumstances will Company be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.
- that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that location positions and/or messages or other content will be retained by the Service ,
- that the Service will only operate if (i) your phone's caller line identification (CLI) is recognized (in other words, that the "Own number sending" option is enabled on your phone) and (ii) that you are able to make a call on the phone in question (in other words, that you have enough credit on your mobile phone account to initiate a call).
- that if you replace your mobile phone and your phone number changes, you must register the change on the website to enable the use of the Service from your new phone.
- that Company is obtaining your location from the relevant Network Provider. Accordingly, by registering you authorize the relevant Network Provider to release and deliver location information to Company in accordance with the provisions of the Data Protection Act 1988.
- Your location will be used to provide, map and text location information to your list of contacts or the requestor identifying the location of your mobile phone or location device.
- Company is not responsible for any failure to deliver Content to you if your mobile phone is not switched on or is not configured correctly, your answer is not in the correct format, your mobile phone is not within coverage or for any other reason cannot be reached, you have a bar on text/WAP/Java services, you are a prepaid subscriber and you have run out of calling credit, your message mail box or phone memory is full or for any other reason which is out of our control or out of the control of any third party delivering the Content.
- that access to and delivery of the Content and performance and message transmission response times are subject to the enabling technology on which the Content is based and may be adversely affected by network performance and other operational factors beyond our control, including, without limitation, congestion, network coverage, dropped connections and the performance of wireless enabled devices.
Company reserves the right to refuse membership to particular mobile phone numbers or users without reason.
To sign up to access all areas of the Web site, you must complete the registration process by providing us with true, accurate, current and complete information about yourself as prompted by the Registration Form. You will then be send a password to your specified e-mail address and to your mobile phone.
Information you supply will be stored in our database, and the information is not released to any third party unless previously authorized by you. Our database resides behind firewalls in order to protect against the loss, misuse and alteration of the information under our control. We have taken preventive measures to restrict access to sensitive data, as well as to detect and prohibit certain connections and operations by unauthorized users. While our measures are in line with industry standards, no claim is made as to the impenetrability of the system or its resilience to future attacks.
As a Member, you agree that:
- You will not use your account (or permit any other party to) in an unauthorised, unlawful, improper or fraudulent way or for criminal activities or to send nuisance, abusive, deliberate hoax, indecent, racist, defamatory or otherwise objectionable or unlawful messages.
- You will use the mobile application service in a manner consistent with any and all applicable laws and regulations.
- You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service.
- You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a host or another user.
- You will not transmit, upload or post any material which is defamatory, offensive, racist, vulgar, llibellous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.
- You will not use the services as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users.
- You are solely responsible for your interactions with your contacts and other members.
- It is your responsibility to obtain permission from your contact to add them as contacts and to obtain their permission to be contacted in the event of activation of the service by you.
- You will comply with any instruction Company give you in the use of the Service. Company cannot be responsible for the delivery of the service if you have not followed such instructions.
- You will only use the Service in accordance with these Terms and Conditions
- It is your responsibility to keep your details up to date including but not limited to your contact list, alarm messages and address details. (Company recommend that you test the service periodically in accordance with our test procedure)
- It is also your responsibility to ensure that contact details of your contact list is accurate. In no event will Company be liable for any direct, incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the usage of inaccurate data.
- You are entirely responsible for maintaining the confidentiality of your password and account.
- You are entirely responsible for any and all activities that occur under your account. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, AFFILIATES, ITS OR ITS SUPPLIER'S SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY OF THE COMPANY'S SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY OF THE COMPANY'S SITES AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE ENTIRE LIABILITY OF COMPANY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE LESSER OF THE REGISTRATION FEES PAID OR CAUSE OF ACTION OR ONE HUNDRED RUPEES FIFTY ONLY (RS. 50/-).
Be sure to refer to the TOU regularly, since they change, and they do govern your relationship to the Company. The TOU constitute the entire agreement between you and the Company and govern your use of the Service. The TOU and the relationship between you and the Company shall be governed by the laws of the country of India without regard to its conflict of law provisions. The failure of the Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.