Terms & Conditions
Muzztech’s Terms and Conditions
This document/agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised by the Site.
MUZZTECH’s Services is bound by regulatory norms of the Telecom Regulatory Authority of India (TRAI), Department Of Telecommunication of the Govt. of India (DOT) and other authorities. Certain features may be removed depending on what the law of land dictates without prior notice.
The Site is owned by Muzztech Wireless Private Limited (Muzztech) and by accessing and using it you are indicating that you accept, and agree to comply with, these Terms. The terms “you” and “your” for purposes of these Terms, means both you in your individual capacity, and the company or other business entity whom you represent and on whose behalf you use the site under actual or apparent authority. By agreeing to these Terms and/or using the site, you represent and warrant that you have the authority to represent and legally bind the company or other business entity for whom you are acting. If you do not have such authority, you are solely responsible for all acts and omissions relating to your use of the Site.
Changes to Terms
MUZZTECH may add to, change or remove any part, term or condition of these Terms, and any Content (as defined below), including, without limitation, product and service descriptions. By continuing to access and use the Site, you are indicating your acceptance of such changes. MUZZTECH will notify you of changes to these Terms by posting the revised version and changing the “Last Updated” date below. Please check these Terms periodically for changes.
Use of Site
Subject to your compliance with these Terms, MUZZTECH hereby grants you a limited, personal, revocable, non-transferable, non-sub licensable, and non-exclusive license to access the Site and use the information, text, images, graphics, user and visual interfaces, applications, software, product and service data sheets, operation and maintenance manuals, technical notes, documents, and other materials displayed on the Site (collectively, the “Content”), solely for your own personal internal business use, on the condition that such use is solely in accordance with the purposes for which MUZZTECH makes the Site and Content available. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth above. You may not remove any copyright or other proprietary notices from any Content. If you breach any term or condition of these Terms, your authorization to use the Site and Content automatically terminates without notice to you, and you must immediately destroy any copies of the Content in your possession.
The services provided by MUZZTECH are bounded by the regulations set forth by Telecom Service Providers and Telecom regulatory authorities. In purview of these regulations it is a mandatory for the User to submit either a hard / scan copy of Know Your Customer (KYC) documentation in form of a address and an Identity Proof within 7 days of service activation. In case of non-submission of KYC documentation your services are liable to be deactivated.
We take no responsibility and assume no liability for any submitted content (all voice and electronic data) posted or submitted or transmitted by you through your account or use of services provided by MUZZTECH. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site:
- any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would otherwise violate any applicable law;
- any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting or transmission of content to or from this Site and/or your account.
You hereby represent and warrant that you will not, and will not induce any third party to:
- attempt to disable or circumvent any security mechanisms used by the Site or otherwise attempt to gain unauthorized access to any portion or feature of the Site or Content, or any other systems or networks connected to the Site, or to any server of MUZZTECH or its third party service providers, by hacking, password “mining”, or any other illegal means;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content;
- use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site, or with any other person’s use of the Site;
- breach any security measures implemented on the Site;
- track or seek to trace any information on any other person who visits the Site;
- use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or
- copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Site or Content, or otherwise made available to you in connection with the Site or Content.
You hereby agree to defend, indemnify and hold each of and its officers, directors (past and present), agents, subsidiaries, and employees) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms or otherwise arising from your use or misuse of the Site or the services.
You hereby acknowledge and agree that MUZZTECH and its licensors(if any) own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights (including, without limitation, all patent rights, copyright rights, trademark rights and trade secret rights) which subsist in the Site and Content (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and MUZZTECH, all Content together with the design, structure, selection, coordination, expression, ‘look and feel’, and arrangement of the Site and Content, and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Site and in the Content are all owned by MUZZTECH or its licensors. Nothing in these Terms gives you any right to use any of MUZZTECH’s or its licensors’ trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. All rights not expressly granted by MUZZTECH under these Terms are reserved. There are no implied rights.
Third Party Web Sites
Disclaimer of Warranties
THE SITE AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. MUZZTECH, ON BEHALF OF ITSELF AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS (IF ANY) AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “MUZZTECH PARTIES”):
- EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE;
- DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE;
- DOES NOT REPRESENT OR WARRANT THAT THE SITE AND ITS CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND
- DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ITS CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
YOUR USE OF THE SITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ITS CONTENT. THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND MUZZTECH. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MUZZTECH OR ANY PERSON ON BEHALF OF MUZZTECH SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. NOTHING IN THIS PARAGRAPH SHALL EXCLUDE OR LIMIT MUZZTECH’S WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
In no event will any MUZZTECH Party be liable to you, or any third party, for any direct, special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, compensation, reimbursement or damages in connection with, arising out of, or relating to, the use, or loss of use of, the site and its content, loss of profits, loss of goodwill, loss of data or content, cost of procurement of substitute goods or services, subsequent or other commercial loss, or for any other reason of any kind, whether based on breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even if an MUZZTECH party has been advised of the possibility of such damages. If, notwithstanding the foregoing, an MUZZTECH party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the site or content, the relevant MUZZTECH Party’s total cumulative liability shall in no event exceed the sum of the total payments paid by you to MUZZTECH towards the services. Nothing in this paragraph shall exclude or limit any MUZZTECH Party’s liability for losses which may not be lawfully excluded or limited by applicable law, in which case, such MUZZTECH party’s liability will be limited to the greatest extent permitted by applicable law.
Whenever you visit the Site or send e-mails to MUZZTECH, you are communicating with MUZZTECH electronically. For that reason, you also consent to receive communications from MUZZTECH electronically. MUZZTECH will communicate with you by e-mail, by posting notices on the Site or by such other means as MUZZTECH may determine from time-to-time. You agree that all agreements, notices, disclosures and other communications that MUZZTECH provides to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
Cancellation of your account
If you wish to discontinue your account with MUZZTECH, you can email us at [firstname.lastname@example.org] or call us at [1800-103-4904] expressing the same and we will facilitate the closure of your account. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will be required to make all outstanding payments within 15 (fifteen) days of account closure.
Governing Law and Jurisdiction
These Terms will be construed and enforced in all respects in accordance with the laws of the India. You agree to submit to the sole and exclusive jurisdiction of Courts located at Lucknow for all disputes, purposes in connection with any action or proceeding that arises from, or relates to, these Terms or and you hereby irrevocably waive any objection to such exclusive jurisdiction. Notwithstanding the foregoing, MUZZTECH may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights, as may be available under the applicable law.
Changes to these Terms. We may revise these Terms from time to time and the most current version will always be posted on the Site. If a revision, in our sole discretion, is material we will notify you. By continuing to access the Site after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop accessing the Site or your account.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MUZZTECH without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of these Terms is deemed invalid, illegal or unenforceable, then that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and all other remaining provisions of these Terms will remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MUZZTECH’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.