This agreement (the “Agreement”) is entered into by and among the person (or the entity upon whose behalf the person is acting) agreeing to the terms and conditions of this Agreement by clicking “I Agree” (“Developer”) and Vodafone Idea Limited, Suman Tower, Plot No 18, Sector No 11, Gandhinagar 382011, Gujarat, India. T +91 79 6671 4000, F +91 79 2323 2251, Website: www.vodafoneidea.com (hereinafter “Vodafone Idea”)
The date of this Agreement (the “Effective Date”) is the date Developer indicates its acceptance of the terms and conditions of this Agreement. Developer may be referred to herein each as a “Party” and collectively as the “Parties”. By so clicking “I accept” or by accessing the Portal (the portal to be named), Developer (i) represents that the person accepting this Agreement or accessing the Portal has the requisite authority to accept this Agreement on behalf of Developer, and (ii) agrees to be bound by the terms and conditions contained in this Agreement as of the date of acceptance.
“Portal” is a platform being provided by Vodafone Idea for the Developers to register and test the future viability of their software codes, applications and other similar services. It is pertinent to be mentioned that Vodafone Idea, in no case, is liable for any damages sustained by the Developer in due course of the agreed activity.
“Service/s” may mean and include but not limited to the access of Vodafone Idea’s test case Application Programming Interface (API) that may be provided by Vodafone Idea to the Developers at time of their registration on the Portal for ensuring that the Developer get a feel of the API’s performance for Developer’s application.
“Content” means any of the information and materials that is made available or provided by Vodafone Idea or through a licensed third party with regards to the Service/s provided herein.
Developer will be required to open an account (the “Account”) on the Portal in order to access the Service via the Portal, subject to the payment of any or all applicable fees. Only Developer who have registered or have requisite details as may be required may access the Account. Developer shall be responsible for all activities taking place within the Account. Developer must keep the Account in good standing, which includes, without limitation, paying the appropriate fees in a timely manner in case applicable, complying with the terms and conditions of this Agreement, keeping Developer’s information current and providing only true, complete and accurate information in connection with such Developer’s details in the Account. Vodafone Idea may verify the information’s submitted or registered by Developer, which verification may include providing Developer’s information to third-party verification services. Without limiting the generality of the foregoing, Vodafone Idea may conduct such investigations and take such other steps as it deems necessary, in its sole discretion, to satisfy itself of any concerns that it may have in respect of providing Developer with access to the Portal or Service based on any information made available to Vodafone Idea from any source. Developer hereby acknowledges, agrees and consents to Vodafone Idea’s collection, use and disclosure of information provided by Developer (including any personal information as such term is defined under Applicable Laws) for such purposes. Failure by Developer to keep its account in good standing may, among other things; result in possible revocation of the Account.
In order to access certain features of the Services you (the Developer) must register to create an Account and become a "User".âÂÂÂÂ€¨During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Vodafone Idea reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. Vodafone Idea reserve the right to reclaim public placemarks and usernames on behalf of businesses or individuals that hold a legal claim or trademark on those public placemarks or usernames.
Developer as a user of this Service would ensure that there wouldn't be any misuse of our Services. Developer may use the Services only as permitted by law and during use of Services, Developers are prohibited from any UNLAWFUL, HARASSING, LIBELOUS, OFFENSIVE OR VULGAR behavior, Developers are not allowed to insult or harm any person, organization, religion or community through the Portal.
Developers are not allowed to upload or add to the Portal or Services, any content or material that is either: (i) is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable; or (ii) might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; (iii) contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements.
For any or all contents and/or materials made available by Developer on this application having any form of intellectual property rights, an unlimited worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license has been granted to Vodafone Idea for any form of use or improvement that Vodafone Idea may deem appropriate including but not limited to (publishing, advertising, hosting, translating, and distribute of this content and/or material).
Developer agrees not to do any of the following while using the Services, Portal or Content:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Use, display, mirror, frame or utilize framing techniques to enclose the Portal, or any individual element or materials within the Portal, Vodafone Idea's name, any Vodafone Idea’s trademark, logo or other proprietary information, the Content of any text or the layout and design of any page or form contained on a page, without Vodafone Idea's express written consent;
Access, tamper with, or use non-public areas of the Portal, Vodafone Idea computer systems, or the technical delivery systems of Vodafone Idea's providers; Attempt to probe, scan, or test the vulnerability of any Vodafone Idea system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Vodafone Idea or any of Vodafone Idea's providers or any other third party (including another user) to protect the Services, Site or Content;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Avoid using, sharing or disclosing any user information with any third party without taking prior written consent from Vodafone Idea.
Use any Meta tags or other hidden text or metadata utilizing a Vodafone Idea trademark, logo URL or product name without our express written consent;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Portal or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Portal, Services or Content.
Interfere with, or attempt to interfere with, the access of any user / Developer, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Portal;
Collect or store any personally identifiable information from the Portal or Services from other users / Developer of the Portal or Services without their express permission; impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
You (Developer/user) are solely responsible for all of your communications and interactions with other users of the Portal or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services. You understand that Vodafone Idea does not screen or inquire into the background of any users of the Portal or Services, nor does Vodafone Idea make any attempt to verify the statements of users of the Portal or Services. Vodafone Idea makes no representations or warranties as to the conduct of users of the Portal or Services or their compatibility with any current or future users of the Portal or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Portal or Services and with other persons with whom you communicate or interact as a result of your use of the Portal or Services, particularly if you decide to meet offline or in person. No advice or information, whether oral or written, obtained from Vodafone Idea or through the Portal, Services or Content, will create any warranty not expressly made herein.
YOU (Developer/user) ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PORTAL REMAINS WITH YOU. NEITHER Vodafone Idea NOR ANY OTHER party involved in creating, producing, or delivering the Portal, Services or Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF USER CONTENT OR arising out of or in connection with THESE TERMS or from the use OF or inability to use the Portal, Services, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the PORTAL OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PORTAL OR SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not Vodafone Idea has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Vodafone Idea IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, Vodafone Idea WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE PORTAL OR THROUGH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE PORTAL, OR WITH ANY OF THESE TERMS, OR FEEL THAT Vodafone Idea HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PORTAL AND THE SERVICES.
In no event will Vodafone Idea's aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PORTAL, SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO Vodafone Idea FOR USE OF THE PORTAL, SERVICES IN THE TWLEVE (12) MONTH TIME PERIOD PRECIDING THE INCIDENT GIVING RISE TO THE ALLEGED CLAIM OR ONE THOUSAND RUPEES (Rs. 1000). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Vodafone Idea AND YOU. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. YOU SPECIFICALLY ACKNOWLEDGE THAT Vodafone Idea SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
All genuine and legal contents and material published on this Portal will be the property of Vodafone Idea and you don't have the right to reuse, publish online or offline, any of content or material from our Portal, website and Services in any way without a formal written permission from Vodafone Idea (this may include but not limited to Vodafone Idea or any of its affiliates logo, slogans, meta tags, graphics, software's, web pages, scripts).
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Portal by the user contained herein or any other section or pages of the Portal shall be deemed to constitute a partnership between user and Vodafone Idea and no party shall have any authority to bind or shall be deemed to be the agent of the other in anyway.
This Terms and Conditions set forth Vodafone Idea’s entire liability and the Developer’s exclusive remedy with respect to the Service. You (Developer/user) acknowledge that the Terms and Conditions is a complete understanding between you and Vodafone Idea with respect to the Service, and that there are no other prior or contemporaneous understandings, promises, representations or descriptions with respect to the Service. If any provision of this Terms and Conditions is invalid or unenforceable under applicable law it is deemed omitted and the remaining provisions will continue in full force and effect.