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Terms of Use

 
     
 
Disclaimer :
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
ALSO PLEASE NOTE: YOU MUST BE AN INDIAN RESIDENT WITH AN ACTIVE MOBILE PHONE CONECTION IN ORDER TO PARTICIPATE ON OUR WEB SITE.
DEFINITIONS AND INTERPRETATION
 
‘Company’ means Guru SSR India Distributor Pvt. Ltd., a company registered under the Companies Act, 1956 having its registered office at ____________.
Www.gurussr.com website’ means the entire website means and includes any page, part or element thereof, which is owned and operated by Guru SSR India Distributor Pvt. Ltd. For the avoidance of doubt, 'we', 'us' and 'our' shall also mean www.gurussr.com website.
‘User’ means any person or entity that enters the www.gurussr.com website and/or uses www.gurussr.com website Products/Services at www.gurussr.com online or offline, notwithstanding the fact that such person only visits the home page of the website and/or downloads the Products. For the avoidance of doubt, 'you' and 'your' shall also refer to a User.
'IP address' means the unique identifier for your computer or such other device through which you access the www.gurussr.com website.
'Personal Data' means all data that identifies you and that is processed by us, for example, your name, city, email address, mobile number and any data that forms part of the Preferences Data, Location Data and/or Traffic Data that could be used to identify you.
'Preferences Data' means all data that we process regarding your preferences. This will include the preferences that you provide to us via the Website and/or the data that we collect through your responses to the Promotional Messages, your Traffic Data etc.
'Promotional Messages' means advertisement taglines appended as part of the SMS you send or receive and/or pure promotional SMS messages sent to the Users.
In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to one gender includes the other genders.
   
TERMS AND CONDITIONS
 
We maintain this web site as a service to our Users, and by using our web site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.
The following are the Terms and Conditions of this Agreement for the use of services offered by Guru SSR India Distribution Pvt. Ltd. through www. Gurussr.com to the User. Any User availing the Products and/or Services and/or any part thereof through this web site, shall bind himself by these Terms and Conditions.
The Products and/or Services offered under www.gurussr.com are provided by Guru SSR India Distribution Pvt. Ltd.
In accordance to the Information Technology Act, 2000 (Government of India), Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000, Telecom Tariff Order 1999 (Forty Fifth Amendment 2007) and the Indian Contract Act, 1872, these Terms and Conditions are valid, binding and enforceable in respect of all persons who access the www.gurussr.com website, the web pages, any links provided thereupon or any part thereof. Therefore if you do not agree to be bound by these Terms and Conditions, then you are not allowed to use, access the www.gurussr.com website and the contents thereof. By accessing and or reasonably using the www.gurussr.com website, the User shall automatically bind himself/ herself with the terms and conditions of this agreement.
That www.gurussr.com offers free SMS services to its Users so that they can send personal SMS messages to their known persons. The User by using our service undertakes that communication made by him/ her using our free SMS service, is with the known persons to him/ her. Www.gurussr.com website and its owner doesnot take any responsibility of the contents of message sent by you using our services. If any vulgar or obscene message is send by the user, using services of www.gurussr.com, the User shall be solely responsible as to the consequences thereof and if any harm or loss is caused to the www.gurussr.com website or its owner, the User shall make such loss good to the www.gurussr.com website or its owner.
You can not use www.gurussr.com website products and/or services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales.
During the registration process, the User has to provide his/her mobile number that acts as User’s identity while using www.gurussr.com products and/or services. By registering on www.gurussr.com website, user explicitly agrees to update the company whenever there is a change in the status of his/her mobile number.
Delivering contextual advertisements and related links is the key to provide our Users this free service. A standard SMS can be up to _______ characters. Users send free SMS up to _____ characters in length. Advertisers append a contextual advertisement to this SMS making up the rest of the _____ characters. Users get this free SMS text messaging service in exchange for opting in to have targeted ads appended to their messages. As a User, you opt in to carry advertisements in your personal SMS and in exchange you get to send SMS free.
Any individual who is 18 years of age is eligible to become our customer. You can do only one registration or 1 ID in one name.
Kindly read the Terms and Conditions mentioned in this brochure and in the order form before booking your product.
Do not lend money on interest or sell any valuable items from home for purchasing the company's any product. The company will not take responsibility in such cases if any one do such thing.
Person enters into this Agreement as Customer and Distributor. Nothing in this agreement shall establish an employment relationship, or any other labour relationship between the Customers and Company and nothing shall establish the Customers' position as procurer, broker, and commercial agent, contracting representative or other representative of company.
This Agreement between the Company and the Customers becomes effective from the date of product purchase.
It may be noted that you will get the booked product plus incentives and gifts only by adding new Customers to your down line. If you fail to continue the network it is your own responsibility. Neither company nor the introducer will refund your amount. This project is totally on your own will and wish. It is purely based on your efforts and ability.
Every Customer abides to comply with all the applicable laws; regulations and ordinances as in Force Company may terminate this agreement by giving a written notice for misconduct or breach of any of the terms and conditions of this agreement.
Company may reject this application for any reason at its discretion, including if the application contains incomplete, inaccurate, false, or misleading information. Any alteration or modification will be subject to verification.
Company reserves the right to employ such measures as it deems necessary to determine & ensure compliance with its policies & procedures.
Company reserves the right to make any amendments if necessary at any time to the terms & conditions, product, pricing and /or incentives programs without any prior notice.
Our ICICI ATM Card charges as applicable & deducted only once. Payout will be transfered to the ATM card provided Pan card no. is given otherwise payment will not be deliverd / transfered.
All Customers is personally responsible for all income taxes due to any earnings from selling company Products.
In any case amount paid is neither refunded nor adjusted for any other products for the same value.
All Products delivered to the Customers will bear VAT Tax & any other Taxes / levies whenever required & applicable from time to time.
Payment made by new Customers towards purchase of the products or services offered shall not be refunded under any circumstances.
The firm shall have the right to make any amendments if necessary. At any time alter the Terms & Conditions without any prior notice.
   
COMPANY PRODUCTS AND/OR SERVICES
 
The Products and/or Services offered on www.gurussr.com website consist of, but not limited to, sending free SMS of up to ______ characters. The Products and/or Services consist of an internet browser interface, WAP interface, J2ME application, data encryption, data transmission, data access, data storage and, if applicable, synchronisation software and/or application programming interface access.
The Users shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Products and/or Services, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Products and/or Services.
To access and use Company’s Products and/or Services, Users need to have a e-mail Account ("account") on companies website. For this account, the User needs to complete a simple one-time registration process by providing all current, complete and accurate information as prompted by the Registration Form. Entering inaccurate details might result in suspension or blockage of the account. The User has to choose his/her unique "username" (not less than three characters). Www.gurussr.com website shall send a "password" to the mobile number of the User as entered during the registration process which the user should use while logging in to his/ her account at our website. The User can then access the www.gurussr.com website using the combination of his/her “username” and “password”.
Account Tied to Mobile Number - The account you are opening by accepting this Agreement is tied to the mobile phone number you enter during the registration process. You explicitly agree to update the Company whenever there is a change in the status of your mobile number. Upon change in the status of your mobile number, if you do not inform us, then you will be solely liable for the consequences thereof.
On the first login, the User is prompted to change his password. The Users shall be entirely responsible for maintaining the confidentiality regarding their password and account information. The user shall understand their account with www.gurussr.com website is as confidential as their own mobile phone. In addition, the Users shall be entirely responsible for any and all activities that occur under their accounts. Www.gurussr.com or the Company shall not be held liable to any third party claims and/or actions taken with respect to the Products and/or Services being offered. The Users agree to notify the Company immediately regarding any unauthorised use of their accounts or of any other breach of security.
Upon we find no activity in any User's account for more than 30 days, we, in our sole discretion, might terminate/suspend such User’s account, without any prior notification.
Charges – Our products and/or services include features without any charges but, your mobile phone operator may charge you for usage. The User is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of our services therefore please consult your mobile phone operator's pricing plan to determine the charges for sending and receiving SMS text messages, WAP push, GPRS connectivity etc. using our website and web based services.
We do not guarantee for the uninterrupted and continuous availability of the Products and/or Services or of any specific feature(s) of the Products and/or Services. The Products and/or Services are available on AS IT IS basis and are subject to the disclaimers of warranty and the limitations of liability as found in this agreement and which are subject to testing by the Users before entering into this agreement.
i) The Company reserves the right to change or terminate the Products and/or the Services and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect. Upon such change in the terms and conditions of this Agreement, the said changed terms and conditions shall become effective immediately or from such date as may be prescribed from time to time.
   
USER PRIVACY
  We respect the privacy of our Users and assures that wet shall not monitor, edit, or disclose any personal information about the Users or about the User's web based account with us, without the User's prior permission. However, this will not apply if we have to:
 
Conform to the statutory and/or legal requirements or comply with the legal process;
Protect and defend the rights or property of the Company;
Enforce this Agreement or protect Company’s business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by us;
Respond to the request for identification in connection with the claim of copyright or trademark infringement by the Users or to a claim by a third party that the User is using the Products and/or Services in connection with an infringement, illegal or improper activity; or
Act to protect the interests of the Users or any others in general
To protect the interest of the company.
   
Submissions
 

We welcome your comments and suggestions regarding the web site. Any comments, feedback, notes, messages, ideas, suggestions or other communications etc. in any form (hereinafter for the sake of brevity collectively called as, "Comments") sent by you to us shall become our exclusive property against world at large and we will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Any information you submit which personally identifies you will be subject to our Privacy Policy.

Though the sender name shall be displayed as www.gurussr.com’s mobile number in case of CDMA subscribers), User’s mobile number, as recorded in his/her profile, shall be appended at the start of his/her personal message, or wherever appropriate. This is done purely to let the receiver know from whom he/she is receiving the message from.

The User agrees that we can access his/her account, including the message content, as stated above or respond to product specific queries or technical issues.

The User hereby permits the Company to send him/her communication via email and/or SMS of any updates, upgrades, notices, or any other information that www.gurussr.com deems important for the Users to know, relating to the Products and/or Services.

   
USER OBLIGATIONS AND DUTIES
  The Company expressly prohibits any commercial use of Guru SSR India Distributor Pvt. Ltd.’s products and/or services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through Company’s products and/or services.
The User shall not directly or indirectly:
 
Create a false identity or forged email or mobile phone number or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Products and/or Services;
Modify, translate, or create distinctive and derivative works based on the Products and/or Services;
Use the Services in any way connected to any chain letters, junk SMS text messages, spam or any unsolicited messages (commercial or otherwise);
Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent;
Transmit any unlawful, harassing, libellous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature;
Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;
Defames or slanders any person, or try to infringe upon any person's privacy rights;
Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
Interfere with or disrupt the networks connected to www.gurussr.com or violate the regulations, policies or procedures of such networks;
Attempt to gain unauthorized access to the Products and/or Services or to other accounts (through password mining or other means), computer systems or networks connected to www.gurussr.com;
Interfere with another User's peaceful use and enjoyment of the Products and/or Services; or
Engage in any other activity that the Company could believe may subject it to criminal liability or civil penalty or judgment.
The Company has provided above mentioned acts as illustration, and it does not limit, the ambit thereof.
   
LIMITATIONS OF ________ PRODUCTS AND/OR SERVICES :
 

SMS Messages will be considered as delivered when Gurussr has delivered, or sent the messages to the immediate destination that SMSCountry Core Messaging Platform has been programmed to do, which include SMPP/SMTP servers, or Mobile Telephone Networks. In addition, any other intermediary server or API is also deemed to be the point of dispatch of the message. Gurussr does not extend guarantee of delivery on behalf of the Mobile Telephone Networks or Servers, as delivery (or failure to deliver) to the intended receiver/handset/device is outside of the control of Gurussr.

Although ________ makes all efforts to ensure delivery and prides itself on speedy delivery of messages, messages may be delivered late as a result of queuing or network congestion/traffic.

Gurussr lays no claim to its network coverage. Although Gurussr focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of SMSCountry or of its Service Providers' Networks. This may lead to messages not being delivered to those particular networks. At any point in time, there can be networks that Gurussr is unable to deliver to.

Though the sender name shall be displayed as ________.com (or _______’s mobile number in case of CDMA subscribers), User’s mobile number, as recorded in his/her profile, shall be appended at the start of his/her personal message, or wherever appropriate. It is the User’s responsibility to provide correct mobile number when registering with ________website.

________ assumes no responsibility for the deletion or failure to store information. Currently, we have set an upper limit on the number of messages an User may send; however, in the future, with/without prior notification, _________ may increase or reduce the number of SMS messages able to be sent by a user and the amount of storage space available to each User.

_______ reserves the right to block the transmission and receipt of an SMS message if an advertising sponsor does not exist in the destination region or an intended recipient has requested that all ________ messages be blocked from delivery to their mobile phone (Private Do Not SMS Registry).

________ reserves the right to block messages from being send across its network that are the subject of end receiver’s complaint or messages that 160by2 considers to be unlawful, harassing, libellous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable.

We continuously make efforts to improve our existing Products and/or Services, apart from adding new ones, resulting in frequent updates or modifications. Such changes often dictate that we simultaneously modify our Terms and Conditions. Hence, _____ shall have the right to modify any or all the terms of this Agreement and to change or drop any aspect or feature of the ________ Products and/or Services, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change or deletion. Any use by the Users of the Products and/or Services after any such change has been posted, shall be construed as the acceptance of the change. If the User is not agreeable to any such change, the relevant Product and/or Services or the User account, may be cancelled in accordance with the procedures for cancellation set forth in this Agreement. The Users acknowledge their responsibility to read and review this Agreement from time to time and also to be aware of any such changes.

   
TERMINATION, CANCELLATION AND/OR SUSPENSION OF USER ACCOUNT
 

The User has the right and is free to terminate or cancel this Agreement and his/her mail account with us shall be discontinued thereafter, or even ___ website reserves a right to terminate users account at any time without assigning any reason. Where user wants to discontinue his/ her account with us, the User has to intimate us by sending an email to us at _____@ _______.com) about his intention to do so.

Company can terminate, cancel and/or suspend this Agreement and/or the User account any time if, in Company's sole discretion, the User has breached the Terms of this Agreement. Such termination, cancellation and/or suspension by Company shall come into effect immediately after giving notice by Company to the Users in any reasonable manner, including but not limited to, notification by email and/or SMS. In addition, Company has the right to recover any and all damages from the Users arising from or relating to the event(s) giving rise to the suspension, termination or cancellation.

Company reserves the right to suspend the User's account at any stage for any reason that it may deem necessary in order to continue to provide any of its Products and or Services in a way that may be hindered by the User's status as being a User of companies website, or the content of the messages originating from the User.

In the event that _________ has cause to receive complaints from recipients or third parties with respect to the use of the Products and/or Services, ________ additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other related party with regard to its Users.

Upon the termination, cancellation and/or suspension of this Agreement, the Users remains responsible for any obligations that have been accrued including, but not limited to, payment of any costs or charges, including legal obligation that may be arising in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using companies website Products and/or Services and removes all the ________ software and applications on any computer, database, and server (local or remote) in its possession or under its control. ________ shall have no obligation whatsoever to the User after the termination or cancellation of this Agreement.

   
WARRANTIES AND LIABILITIES
 

While it is to be understood that 160by2 shall make all efforts to ensure that the Products and/or Services are reasonably available, through the required access protocols, and shall endeavour to maintain connections to as many Aggregators, Gateways and Carriers as are, in its discretion, commercially viable, the User acknowledges that company cannot guarantee the availability of the Products and/or Services at all times and all locations. The User expressly acknowledges and agrees that the use of the Products and/or Services is generally at its own risk and that _________ Products and/or Services are being provided "AS IS" and "AS AVAILABLE" without any warranties or conditions whatsoever, express or implied.

Company does not make any warranties or representations that the _______ website shall be available at all times. Users acknowledge that the ________ website may be unavailable due to updates or other causes beyond the reasonable control of the Company, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".

Though Company shall take all reasonable caution about the quality and accuracy of content available from the ________ website, Company does not make any warranties or representation that the content available shall in all cases be true, correct or free from any errors. The information, ideas and opinions expressed on the _______ website should not be regarded as professional advice or the official opinion of the Company, and Users are strongly encouraged to consult professionals before taking on any course of action that is related to the information, ideas or opinions expressed on the _____ website.

The Company shall take all reasonable steps to secure the content of the _______ website and to secure the information provided by and collected from Users to prevent unauthorized access and/or disclosure. However, the Company does not make any warranty or representation that the said content shall be 100% safe or secure.
The Company is under no legal duty to encrypt any of the content or communications from and to Users and is also under no legal duty to provide the digital authentication of any pages on the ________ website.

Hyperlinks to the ________ website from any other source shall be directed to the home page of the ________ website. Links beyond the ________ home page may only be used with Companies prior written consent and permission. Persons that wish to link to pages beyond the home page of the _______ website without Companies prior written consent shall do so at their own risk and indemnify Company against any loss, liability or damage that may result from the use of such hyperlinks.

The Company may provide hyperlinks to websites not controlled by the Company and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such websites. The Company does not editorially control the content, products and/or services on such websites and shall not be liable, in any manner whatsoever, for the access to, or the inability to access, or the use, inability to use or content available on or through such websites.

The Company (which also includes its owners, employees, suppliers, internet services providers, partners, licensors, affiliates and agents) shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of the Company Products and/or Services, the _______ website, websites linked to the _________ website, any content available on the _______ website, any downloads from the ______ website, and/or any other reason which is not directly related to Companies gross negligence.

The Company (which also includes its owners, employees, suppliers, services providers, partners, licensors, affiliates and agents) shall in no event be held liable to the Users or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by the failures, delays or interruptions of the Products and/or Services generally, and any aspect ancillary thereto; the User agrees to indemnify the company for any and all third party claims arising from any such or of the failures, delays or interruptions in connection with regard to use of the Products and/or Services.

Without in any way limiting the foregoing, the Company shall in no event have (in the aggregate) any monetary liability whatsoever in connection with this Agreement.

   
THIRD PARTY BENEFICIARIES
  Notwithstanding anything to the contrary contained herein, the provisions for the Warranties and Liabilities set forth herein are for the benefit of the Company and its affiliates, agents, content providers, services providers, partners and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.
   
INDEMNIFICATION
  The User agrees to indemnify, hold harmless, and defend the Company and its affiliates, agents, content providers, services providers, partners and licensors against any and all claims, liabilities, damages, all costs and expenses (including, but not limited to consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to –
 
The use of the Products and/or Services in any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation and
Any claims made by third parties arising from issues related to any failure, delay or interruption of the Products and/or Services.
  The User agrees to cooperate as fully as reasonably required in the defence of any claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.
   
MISCELLANEOUS
 

The failure of either the Company or the User to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise continue to remain in full force and effect and is enforceable.

This Agreement shall be governed by and construed and interpreted in accordance with the laws of India. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

No agency, partnership, joint venture, or employment is said to be created as a result of this Agreement and the User does not have any authority of any kind to bind the Company in any respect whatsoever. In any action proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover all the costs and attorneys' fees.

All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery services; and upon receipt, if sent by certified or registered mail, return receipt requested.

These Terms and Conditions constitute the whole agreement between the Company and the User and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.


 
     
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