These Terms of Service (ToS) are an agreement between TeKfinity Solutions (“Pbxdrive”, which term shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its affiliates, subsidiaries, successors and permitted assigns) and any Person who is a user/browser/accessed to the Site, (User), whether or not registered, of any of the services available on the this website (Site). The term 'Person' shall mean and include any individual, corporation, partnership, limited liability company, trust, joint stock company, business, limited liability partnership, trust, unincorporated association, Hindu undivided family, joint venture, organization similar to the foregoing, governmental authority or other entity of any nature whatsoever.
(b) 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 Pbxdrive and is not a person barred from receiving Services under the laws of India or other applicable jurisdiction.
(d) 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 Pbxdrive 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 Pbxdrive is not responsible for fraud of any person or of other Users of the User's Account.
(e) The User accepts and acknowledges that usage of Credits, if any, granted free of charge by Pbxdrive 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.
A. General Conditions of Service
1. General Terms
(a) User acknowledges that the Services provided herein are restricted to India territory and to the recipients in India only.
(b) The User acknowledges and accepts that Pbxdrive 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, Pbxdrive 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 Pbxdrive to rely on any data, notice, instruction or request furnished by the User to Pbxdrive, or that Pbxdrive reasonably believes to have been furnished by such User.
(c) The User acknowledges and agrees that Pbxdrive 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.
(d) The User agrees that Pbxdrive 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 Pbxdrive in its sole discretion may deem sufficient, or without reason. Pbxdrive 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.
(e) 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.
(f) 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 Pbxdrive makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Site network, or Services. Without limiting the foregoing, Pbxdrive 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. Pbxdrive 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.
(g) The User acknowledges and agrees that it shall be solely responsible for ensuring all compliances with the Telecom Regulatory Authority of India's (TRAI) Telecom Commercial Communications Customer Preference Regulations, 2010 (TRAI Regulations) and any and all other regulations, statutes, orders, decisions or law in force from time to time which may be applicable to the use of any of the Services (Law). 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 Pbxdrive, by or in connection with any misuse of the Services provided by the Company with respect to pushing any unsolicited commercial communications to subscribers and for any and all other violations of the provisions of the TRAI Regulations or Law.
(h) The User hereby agrees to defend, indemnify and hold harmless and agrees to continue to keep indemnified Pbxdrive, 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 violation of these ToS, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights) and also in respect to any action taken by any regulatory body or the Operator or any third party with respect to the misuse of the Services availed from the Company including but not limited to, for the breach of any of the provisions of the TRAI Regulations or breach of Law or for any other reason whatsoever. The User acknowledges and agrees that these obligations will be binding on the User during the entire term of the use of any and/or all of the Services and shall survive any termination of the User's relationship with Pbxdrive or use of the Site.
(i) The User acknowledges that Pbxdrive 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 Pbxdrives’ 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 Pbxdrive at the following email address support@Pbxdrive.in.
(j) The User acknowledges and agrees that all software utilized in connection with the Services (Software) is owned by IMI Mobile Private Limited (and its group companies) 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.
(k) 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 Pbxdrive for all such contraventions.
(l) 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.
(m) The User agrees and accepts that the User shall not use any of the Services through or in connection with the Site to:
(i) 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 Pbxdrive;
(ii) 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;
(iii) 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;
(iv) harm minors in any way;
(v) 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;
(vi) 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;
(vii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs including any hardware or Software of Pbxdrive;
(viii) 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;
(ix) sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; registered or unregistered securities; goods or services that the User cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any of the Services site would cause Pbxdrive to violate any law, statute or regulation; or any other illegal activity;
(x) harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
(xi) violate any applicable government laws or regulations.
(n) The User agrees that the Services are provided by Pbxdrive without any implicit or explicit warranty and no advise, suggestion, help, written or verbally, provided by Pbxdrive to the User, shall imply any warranty from Pbxdrive. Pbxdrive 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. Pbxdrive 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. Pbxdrive reserves the right to modify any and/or all the Services at any time, even without notice to the User.
(o) The User accepts and acknowledges that Pbxdrive 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 Pbxdrive 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 Pbxdrive 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 Pbxdrive.
(p) 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 Pbxdrive and that Pbxdrive 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.
(q) The User acknowledges and accepts that Pbxdrive 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 Pbxdrive 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 Pbxdrive or make any other claims whatsoever against Pbxdrive.
(r) 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.
(s) Pbxdrive 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.
(t) You agree to receive promotional, transactional and commercial communications from Pbxdrive through email or SMS.
(a) 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 Pbxdrive shall have no responsibility or liability whatsoever in respect of such Content. Pbxdrive 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. Pbxdrive reserves the right in its sole discretion to edit, refuse to post or remove any Content which, in the opinion of Pbxdrive violates the ToS or that Pbxdrive for any other reason may deem unfit or improper to be used on the Site, at any time without notice to the User.
(b) 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. Pbxdrive 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 Pbxdrive against any claims of any nature whatsoever in respect of the ownership and use of all such Content.
(c) All Content uploaded or otherwise used on this site must conform to the content rules, if any, provided by Pbxdrive from time to time.
(d) The User acknowledges that Pbxdrive 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. Pbxdrive 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, Pbxdrive 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.
3. Payment Terms
(a) The User agrees that Pbxdrive reserves the right to charge the User for use of any Services at the rate and in the manner as may be decided by Pbxdrive from time to time (Consideration). The User acknowledges and agrees that Pbxdrive 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.
(b) 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.
(c) Pbxdrive 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.
(d) 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 Pbxdrive or the same shall be communicated on the home page of Pbxdrive website.