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LikeMe portal contains the trademark, logos, trade name, service marks and other marks (collectively "Marks") which are the intellectual property of LikeMe or their business users, vendors or respective third parties. You understand that VMT uses the Marks of vendors and respective third parties procured from the owner and/or distribution channel on the website/web portal. In doing so, VMT has no intention, whatsoever, to acquire rights of use or license to these Marks.
This Infringement policy helps in creating a safer marketplace by prohibiting the use of LikeMe webpage or web portal for infringing the intellectual property rights of third parties or of the rightful owner. VMT policy requires sellers and buyers or users to comply with all governmental laws and regulations including but not limited to the Infringement policy as amended from time to time.
If you see something on the LikeMe portal, which you believe is violating the intellectual property rights, please send and infringement intimation to VMT At support@likeme.co.in
VMT will be unable to process requests which do not specify exact product IDs or URLs and the details which are specified below. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time.
How to report a listing
The email should contain the below information.
Grievance Redressal policy:
VMT shall take all necessary steps and/or remove the infringed product/details from its portal within 30(Thirty) working days subject to verification of the details as given above and the nature of complaint.
SOFTWARE LICENSE AGREEMENT
THIS SOFTWARE LICENSE AGREEMENT (the “Agreement”) is entered into between VMT, having its registered Office at 126A, Bank Road, Ambala Cantt, 133001 (hereinafter referred to as “LikeMe”,” VMT”, “VMT”, “Licensor”, “We”, “Our”), and Clients (hereinafter referred to as “Client”, “Licensee”, “vendor” or “Business Owner”, “advertiser” or “Goods and services provider”& “You”). VMT hereby grants the license to right to use its LikeMe Product & Its Services (hereinafter referred to as “Software” & “License Program”) to the “Client”, and the client acknowledges and agrees to comply with all of these Terms and consent to the transmission of certain information during Activation and for internet-based features of the software. If you do not Accept and comply with these terms, you may not use the software or Features.
1) USAGE POLICY: You will use the LikeMe in a manner consistent with all local, states and Union regulations and laws. We reserve the right to suspend or cancel your access to any or all services provided by us when you are not in compliance to the terms of this agreement and/or we decide that your account has been inappropriately used.
2) DESCRIPTION OF SOFTWARE: This agreement applies to the most recent release of LikeMe software program. LikeMe is a one stop solution for retailers to manage their customer reviews, digital marketing etc. It is an App based solution to take customer review, analyze them, list your business on LikeMe webpage, send promotional messages etc. using LikeMe Application or web portal. You will be able to use this software for marketing, improving customer feedback, increasing online presence of your business. This Software has the features through which you yourself can access the Dashboard, analyze the reviews, manage your webpage etc. This LikeMe solution is available on mobile app using this product and services; you will have features based on the plan selected by you. This software will be accessible on compatible mobile devices.
3) TERMS OF USE: This agreement only gives you rights to use the software as per the features obtained and fee paid by you. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. Clients are hereby granted, non-exclusive, right and license to use the software program or the rights as granted under this agreement. You may only use the software on a single computer or mobile at one time and may do so only via a user interface connected directly to said single computer and not in any manner over a network, regardless of whether said network is a wide area network (WAN) or a local area network (LAN). You may NOT distribute copies of or documentation of the software to others. THE ACTUAL SOFTWARE PROGRAM COMPONENTS REMAIN THE PROPERTY OF VMT. You may not sell, lease, rent, or otherwise distribute and/or sub-license the Software, including the manuals and documentation of same, to another person at any price. It is illegal to make copies of the Software Program, or Components. The Software Program and Components are protected by the copyright laws pertaining to computer software. It is illegal to give copies of the Software Program, Components and Modules, or manuals and documentation of same to another person, or to duplicate the Software Program or Components and Modules by any other means, including electronic transmission. Software contains trade secrets and in order to protect such trade secrets you may not decompile, reverse engineer, disassemble, or otherwise reduce software program to human perceivable form. You may not modify, adapt, translate, rent, lease, or create derivative works based upon software program or any part thereof.
4) RIGHT TO USE: Upon execution of this Agreement, you are granted right to use the software in accordance with the terms of this Agreement.
5) CLIENT’S RESPONSIBILITIES: Effective use of software provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our software due to your lack of the requisite knowledge and skills.
6) USE OF SOFTWARE: i) The software is licensed not sold. It is given access of usage as per the payment plan. Under this agreement, we grant you the right to install and run one copy of software only on one computer or mobile device with which you acquired the software, for use by one person at a time, but only if you comply with all the terms of this agreement. You may not make the software available for simultaneous use by multiple users. VMT grants you the license to right to use the software only upon the receipt of license fees as determined by VMT from time to time. The necessary instructions for operating the software are mentioned in the user manual available in the software after successful login. ii) The components of the software are licensed as a single unit. You may not separate or virtualized the components and install them on different computers. VMT does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. You may not, however, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified. iii) VMT m a y u s e commercially reasonable efforts to provide corrections to Software error. Any other upgrades or enhancements to the Software are not made available by VMT as part of this agreement and may be subject to additional charges.
7) LICENSE OF SOFTWARE PROGRAM: i) VMT grants you the license to use of LikeMe app only upon receipt of fee as determined by VMT, from time to time, in according to the terms of this Agreement. You are hereby granted the non-exclusive, right and license to use the software program, the rights as granted under this agreement subject to the payment of the license fees.
8) SERVICE FEES: You agree to pay a non-refundable Service Fee for the Services that will be determined by VMT at the time of accepting the Service. The ("Service Fee") shall be paid by you in advance and VMT will send the customer receipt/Invoice to Your registered Mobile Number or email ID, after receipt of payment from You. VMT shall, at its sole discretion, reserve its right to decide the Service Fee for the Services, from time to time.
9) LICENSE FEES: i) In consideration of VMT providing the Product and Service as specified in this agreement, you shall make the payment of fee as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms of this agreement. ii) Your right to use the Product and Service is limited to the license period. You may have the option to extend your Service upon paying of the requisite fees. If you extend your service, you may continue using the Product and Service until the end of your extended service period. After the expiration of the period, Product and Service will stop running on your computer/Mobile device. iii) VMT shall make best efforts to install & activate the product and services from the date of receipt of fee into its bank account (subject to delay due to technical malfunctions). However, VMT will not be liable in any manner for any delay in activating your contract. iv) You agree to pay the fee as specified in invoice copy. You can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy installment’s payment options as available. If You opts to pay the fee/consideration by paying installments, under such payment schemes, the You shall be liable to pay to VMT the SERVICE FEES (including applicable Tax), at the time of registration and the balance payment can be paid through the various payment modes such as ECS (Electronic Clearing Service); CCSI (Credit Card Standing Instruction) & NACH (National Automated Clearing House). It is hereby clarified that the services shall only be activated once the first ECS/ CCSI/ NACH payment is credited on VMT's account as per the payment plan or the payment as received for the services/products as availed. Under no circumstances shall VMT be liable to make any refund of any amount as paid by you on account of deactivation/non-activation of services due to non-receipt of any payment through ECS/ CCSI/ NACH/Cheques etc. VMT reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals at https://likeme.co.in/terms-business with or without notice to you. You are advised to check the Terms at regular interval to received uninterrupted services. VMT does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to VMT. v) In the event, if you fail to make any installments in time and as per the payment plan chosen by You, VMT may, in its sole discretion, suspend the services until necessary payments are made by you. The right of VMT to suspend the Service shall be without prejudice to VMT’s right to terminate the agreement, without any further notification vi) VMT shall be allowed to terminate the right to use the service to a particular licensor for non-payment of fees, for noncompliance, with any applicable rules, regulations or agreements regarding the use of the service or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. VMT will notify you of any such instance including the name of licensor and reason for termination. vii) If any cheques are dishonored due to insufficient of funds, VMT may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regard and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.
10) Documents: You shall furnish the KYC documents or any other documents, as may be required by VMT, on or before the first ECS/ CCSI/ NACH clearance. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving license; (3) Voter's Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card etc. In addition to aforesaid, the you also needs to furnish the documents relating to the business listing such as, Certificate of incorporation, PAN Cards of the company, Registration certificate, GST certificate, Shop & Establishment certificate, or any other Government certificate issued to running their business.
11) ISSUANCE OF INVOICE: VMT will issue an invoice to you containing, inter-alia, the following details: (a) Clients details (b) License Fees (c) Description of the features of Software. (If required) (d)Type of access chosen by you (either website or App or both) (If required)
12) TAXES: VMT is entitled to levy you for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections. You also agree that in the event the said taxes and charges are not charged by VMT the taxes shall be paid by you directly to the authorities concerned without raising any objection. You further agree that the taxes and charges payable under this Clause is in addition to the license fee paid by You for the Services rendered by VMT. The Taxes would include GST (Goods and Service Tax) or other taxes as applicable.
13) REFUNDS POLICY: ALL license Fee paid by you to VMT are final and non-refundable. Until you terminate this Agreement, as specified in this agreement, you are responsible for paying the fee, regardless of whether you use Software or not.
14) NON-PERFORMANCE AND DELAYS: VMT shall not be liable for any loss or damage resulting from non-performance by VMT or its suppliers under this Agreement or from any delay in delivery of the software due to fire, labor unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, or any other cause or causes beyond the control of VMT.
15) COMPATIBILITY: This software is available on mobile app However your mobile devices or computer resources should be compatible with the LikeMe App. If your devices or computer resources does not sync with the LikeMe App, and causes any error or any loss or damage resulting from non-performance software, VMT shall not be liable for any reason whatsoever.
16) SERVICE/SUPPORT: a) VMT will use commercially reasonable efforts to make available VMT Support Center on Monday through Friday, during VMT's normal business hours, excluding VMT's scheduled holidays. VMT will provide you all the customer and technical support via telephone support or through support@likeme.co.in.However, our support services shall be limited to providing matter pertaining our software under this agreement not otherwise. b) We shall not provide technical support for any third-party products/software of any kind, incorporated by you into the website. We will use all commercially reasonable means to resolve your issues in this Agreement. c) VMT will have no obligation to provide Maintenance Services for any Software that are damaged, modified (by anyone other than VMT), incorporated into other software, or installed in any computing environment not supported by VMT software program; or for any version of a software program other than the latest and immediately preceding version; or for any problems caused by your negligence, abuse, misuse, or by any causes beyond VMT's reasonable control.
17) TRANSFER OF SOFTWARE PROGRAM: This agreement is non-transferable or non-assignable by the Client without the prior written consent of VMT.
18) THIRD PARTY CONSULTANT: VMT will not be liable for any costs incurred as a result of Client, for any reason, employing the services of third-party consultant or other technical personnel.
19) LICENSE FEES CHANGE: VMT reserves the right to increase/raise the license fees of Software, at its discretion. The license fees will only become effective upon renewal of the order. For clarity, additional purchases of the software/ other features will be subject to the new pricing.
20) CLIENT’S OBLIGATION: i. You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the Software provided by VMT. ii) You shall be solely responsible and liable for any dispute arising out of your usage of our services. iii) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the LikeMe. VMT reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. iv) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, aadhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our services. v) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by VMT, at its sole discretion. vi) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow VMT/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services. vii) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit your website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise. viii) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever. ix) You shall make available any and all customer assistance channels to assist and guide the end customers/ Customers using your services and respond to any queries and address any issues that may arise in using VMT services. x) You shall cooperate with VMT and render assistance to it for connecting to the app xi) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system. xii) You acknowledge that responsibility for all content provided by you to VMT for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that VMT will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content. xiii) You before providing the services/giving information to the end user on webpage, shall be liable to check all product details , GST/any other tax rates applicable on each and every product sold or services provided by you. VMT shall not be liable for any error in any product details, GST/any other tax rates in the details you list on LikeMe portal xiv) VMT shall not be liable to update any changes in the product or GST/any other tax rates i. You shall be liable to update the product details, GST/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you. xv) You acknowledge and agree that we may elect at its sole discretion to monitor the Content. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xvi) You agree to use the Services for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Services is being used for illegal purposes, we shall immediately terminate the Agreement and the Services as per our discretion, without notice, in addition to any remedies to which it (VMT) may be entitled under law. xvii) Any attempt to undermine or cause harm to a server of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund. xviii) On the receipt of payment VMT grants you the right/access to install and run one copy of the LikeMe on one computer/PC/mobile. For a single license You will use/install LikeMe only in one outlet and if you intent to utilize it for your another/additional outlet then you will have to make additional payment for availing LikeMe on the price/charges determined by VMT from time to time.
You acknowledge that you are not acquiring title to or any interest in any software other than right to use the Software. Your right to use the software is conditioned upon your timely payment of the full amount of Fees due for the software program and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the software also expire and you may no longer use the software program.
Client will not make any unauthorized, false, misleading, or illegal statements in connection with this Agreement or regarding the Software program. Client will not make any representations or warranties concerning the Software on behalf of VMT.
21) DISCLAIMER OF WARRANTY: i) This software is available to you “as-is whereas basis." You bear the risk of using it. VMT gives no express warranties, guarantees or conditions. VMT will make all reasonable efforts to provide uninterrupted access subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that VMT and its business partners disclaim all warranties including but not limited to express or implied, written or oral. VMT shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition, VMT shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. VMT does not warrant that services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from VMT or through or from VMT shall create any warranty. VMT shall have no liability in this respect. ii) VMT’s sole obligation and your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.
22) LIMITED WARRANTY: i) EXCEPT FOR THE ABOVE WARRANTY, THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES ARE PROVIDED "AS IS WHEREAS BASIS". THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IS ASSUMED BY CLIENT. NEITHER VMT, NOR AGENTS OF VMT, NOR THE CREATORS OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ii) THE LIABILITY OF VMT OR ANY AGENT OF VMT OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL VMT, OR ANY AGENT OF VMT, OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CLIENT.
23) INDEMNITY: You shall defend, indemnify, and hold harmless VMT, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by VMT (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: i) breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or ii) anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents. iii) or resulting from Your business operations or use of Software provided by VMT.
24) TERMINATION: i) The license granted hereunder shall continue subject to payment of license fees as prescribed by VMT, time to time or unless and until terminated pursuant to Clause (ii) hereof and subject to Licensee's proper performance of its obligations hereunder. ii) VMT has the right to terminate this Agreement upon any material breach of terms and conditions by you. In the event of termination by client for any reason, VMT will not refund the amount paid by you. On termination you shall forthwith return or destroy all data, information and software program and its updated versions, and provide written intimation of the same to VMT. iii) You agree that any breach of one or more provisions of this Agreement that threatens to, or causes VMT substantial harm is a material breach. Furthermore, any breach of the confidentiality, or non-competition provisions by you, or failure to make payments, shall be considered material breaches. Furthermore, any conduct or negligence that adversely affects the business or good will and brand name of VMT will be considered a material breach; VMT under such circumstances shall terminate the agreement without any further notice. iv) Upon termination of this agreement, VMT shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.
25) PROHIBITED ACTIVITIES: i) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or VMT's services. VMT shall be the sole arbiter as to what constitutes violation of this provision. ii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to; iii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iv) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; v) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vi) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. vii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to VMT's servers or to any other server on the Internet. ix) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk email (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to VMT and/or any Client in any way. x) You’re sending any promotional emails/SMS to your consumers and VMT assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India. xi) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made there under. xii) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network of VMT, without the permission of VMT. xiii) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of VMT, without its permissions, and further shall not use the said devices for cheating by personating. xiv) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever; xv) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programs residing in such computer system or computer network. xvi) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means. xvii) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. xviii) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. VMT shall have the right, but not the obligation, to remove the Content which is deemed, in VMT’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.
You may not copy or use any Software program in any manner that is not expressly allowed under this agreement; You may not use our Software program or its output to develop or enhance any product that competes with a VMT software; You may not disclose the results of any benchmarking of a Software program (whether or not the results were obtained with assistance from VMT) to any third party; or You may not use a Software program in the development of any product if the failure or malfunction of that product could reasonably be expected to result in personal injury, death, or catastrophic loss.
You are prohibited to use, publish, email, reproduce, disclose, furnish, reveal, communicate, transfer or make accessible to any other person for any purpose any information that you encounter, acquire or learn about in connection with this agreement and VMT has not given you written authorization to disclose or made available to the public, except as needed in the course of and for the benefit of the client. You are not indulging in any kind of piracy of software and also unauthorized, copying, downloading, sharing, selling, distribution or installing multiple copies onto personal or work computers of copyrighted software.
You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the VMT’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to VMT immediately upon demand damages suffered by VMT directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the "BANNED PRODUCTS & SERVICES"
26) THIRD PARTY SOFTWARE PROHIBITED: You are strictly prohibited from installing any third- party software on our program without the express written authorization of VMT. In the event that you install third party software on VMT’s servers without the express written authorization of VMT, VMT at its discretion shall have the right to terminate the Services without any notice.
27) CONTENT OWNERSHIP: i) All contents stored by you shall at all times remain the property of yours. You grant to VMT nonexclusive, world-wide license to the content for the purposes of analytics and reporting or any other related purposes. ii) VMT uses the information it collects through the LikeMe to upgrade or secure its Services. Additionally, you agree that VMT may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of VMT and its affiliates.
28) NON-COMPETE: During the term of this Agreement, and for a period of 5 (five) years after the termination of this Agreement, you agree not to develop or create any program of its own that is comparable in functionality or would compete with VMT’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer VMT materials or attempt to discover source code or other information concerning VMT Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from LikeMe, or use any information learned from LikeMe to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.
29) CONFIDENTIALITY: You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of VMT’s business (“Confidential Information”) in the course hereof. Confidential Information shall include; i) VMT software program and plans for the Website ii) Specifications of VMT’s software program and any future development plans iii) Concepts relating to VMT software program not disclosed from the operation of the Website iv) Trade secrets of VMT v) Information derived from providing the Services when Website is in operation, including but not limited to: 1. identities, contact information and credit card information of users (if applicable) 2. confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable) ii) Notwithstanding the forgoing, this confidentiality obligation shall not apply to any information which is already known to the public or produced in compliance with applicable law or a court order, provided you shall promptly notify VMT so as to enable VMT to seek a protective order or other appropriate remedy. You will return all the confidential information to VMT within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement
Notwithstanding the forgoing, in the event VMT receives a validly issued administrative or judicial order, notice, warrant or other process that requires VMT to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.
30) SECURITY: Client has taken adequate encryption and security measures to maintain its computer resources secured under this agreement. You must ensure that you use the software through a secure network that requires a protective security safeguard. You shall comply with the security standards, as prescribed by the governments and implements the security management and procedures, network architecture, software design, and other critical protective measures to protect data and information.
31) CENSORSHIP: VMT will exercise no control whatsoever over the content of the information passing through the network, email or website.
32) AUDIT AND COMPLIANCE: VMT may audit (using its own employees and those of an independent auditing firm that is subject to appropriate confidentiality obligations) your use of the Software and Documentation to verify your compliance with this agreement. You agree to give VMT (or the auditing firm) reasonable access to your facilities and records for purposes of conducting these audits. VMT will give you reasonable advance notice before conducting an audit. Audits will be conducted during normal business hours and no more than once per year, unless VMT has a good-faith basis for believing that more frequent audits are warranted. VMT will bear all the costs it incurs (including the fees and expenses of the auditing firm, if any) in conducting an audit, unless the audit reveals that you have failed to comply with this agreement in a material way, in which case you agree to reimburse VMT for these costs, in addition to other damages.
33) INTELLECTUAL PROPERTY RIGHTS: This Software is owned by VMT and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by VMT, including any trademarks, trade names, logos etc. ii) VMT owns and retains all ownership and proprietary rights relating to services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Services and all software code and content relating to the Services etc. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in this Agreement. During the term of this Agreement, VMT grants you, a right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.
While availing the Products and Services of VMT, Clients hereby grants VMT the royalty-free, irrevocable, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, sublicense, create derivative works from, transfer, your contents and/or any other proprietary right to the site (in whole or part) worldwide and/or to incorporate your contents and/or any other proprietary right in other works in any form, media, or technology whether now known or later developed.
34) MISCELLANEOUS: i) No Guarantee of Business: VMT does not guarantee that by installing and using of this software, your business/profit will increase. ii) No Marketing: VMT is not obliged and does not promote your business. VMT’s obligation under the Contract is limited to the obligations of providing access to software upon the receipt of requisite payment from your end. iii) Entire Agreement: This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, regarding the Software. iv) Supersession- This Agreement supersedes all prior agreements and understandings (whether written or oral) between VMT and the Clients, or any of them, with respect to the subject matter hereof. v) Amendment – VMT is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. It shall be your sole responsibility to visit VMT Website and update himself / herself of the changes to the Terms of Service. vi) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted. vii) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. viii) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement. ix) Force Majeure: VMT shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, hacking, virus prone, technical glitch, defacement, sabotage, stoppage of display or transmission of the website, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control. x) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) working days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Ambala, Haryana. The arbitration shall be conducted by a sole arbitrator to be appointed by VMT at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration. xi) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing xii) Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the addresses as mentioned in the title to this document. Notices may also be sent through emails. xiii) Non-Exclusive Right: It is expressly agreed and understood between the parties hereto that this Agreement is on a non-exclusive basis and VMT is free to provide similar services to third party. xiv) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Ambala, Haryana, India.
In relation to any complaints or concerns, you can email us at support@likeme.co.in.
Hosting Services Agreement
This Hosting Services Agreement (hereinafter referred to “Agreement”) is by and between VMT having its registered office at 126 A, S A Tower, 2nd Floor, Bank Road Ambala Cantt, 133001, hereinafter referred to “VMT”, “We” & “Us”) and clients (hereinafter referred to “Our”, “You” & “your”) that describes your rights and obligation to use the our hosting services (hereinafter referred to “Service”). This Agreement sets forth the terms and conditions of your use of Hosting services (the “Services”), and represents the entire agreement between you and VMT concerning the subject matter hereof. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, and any other agreements or policies that are expressly incorporated herein. We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We assume no liability or responsibility for your failure to receive a notification.
1) AUTHORIZATIONS: Client will use VMT services in compliance with all regulations, laws and terms applicable to Client, including those of VMT and of Servers locations.
2) RIGHT TO USE: Upon execution of this Agreement, You are granted right to use the service in accordance with the terms of this Agreement.
3) CLIENT’S RESPONSIBILITIES: i) Effective use of services provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our services due to your lack of the requisite knowledge and skills. ii) Client is solely responsible of managing and backing up his site and keeping his software scripts secure and up-to-date. iii) VMT is responsible to implement Hosting Servers corresponding to the description of the Hosting services provided to the Client. VMT is free to choose its implementation technology, methods and Server and services locations, including abroad or using foreign services and contractors in third countries. iv) Also further adaptations and extensions are at VMT's sole discretion. VMT is not responsible for the security or proper function of software installed by Client, even if they are installed with VMT tools.
4) HOSTING: VMT agrees to host and maintain your customized webpage on its server(s), as outlined in this Agreement. VMT on best effort basis will take all reasonable precautions to implement data backup services on the data stored in your websites. VMT agrees to monitor hosting services and make sites available to Internet users. However, VMT is not responsible for unintentional damages or loss, either incidental or direct, caused by a loss of your information.
5) Webpage NAMES: VMT may help you in obtaining & assigning the webpage name and Internet Protocol address and maintaining the same at additional cost decided by VMT from time to time. VMT shall execute the actions necessary to establish the address of your website, or to delete the address in the event your relationship is terminated or website cancelled in accordance with the rules, and regulations related to the Product.
6) FEES: In consideration of VMT providing the common hosting service as specified in this agreement, you shall make the payment of Common Hosting Service fee, as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms & conditions mentioned under this agreement.
Your right to use the hosting service is limited for the period as per your plan. You may have the option to extend your hosting service on paying of the fees. If you extend your hosting service, you may continue using the hosting service until the end of your extended period. After the expiration of your period, hosting service will stop. VMT reserves its right to charge the additional fees for the common hosting service, at any time, at its sole discretion, and the same shall be notified to client, in advance.
You agree to pay the fee as specified in invoice copy. You may opt to pay the fees through (i) Cheque; (ii) Demand Draft; (iii) RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and (v) CCSI (Credit Card Standing Instruction). VMT does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to VMT.
In the event, if you fail to make any payment in time and as per the payment plan chosen by You, VMT may, in its sole discretion, suspend your services until necessary payments are made by you. The right of VMT to suspend the Service shall be without prejudice to VMT’s right to terminate the agreement, without any further notification.
VMT shall be allowed to terminate the right to use the service for non-payment of fees, for non-compliance, with any applicable rules, regulations or agreements regarding the use of our services or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. VMT will notify you of any such instance including the name and reason for termination.
If any cheques are dishonored due to insufficient of funds, VMT may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regards and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.
7) TAXES: You shall be entitled to pay all the taxes and charges (now in force or enacted in future), if any applicable or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections.
8) SUPPORT: VMT will provide support related to problems with the Common Hosting functions of its Servers (at the discretion of VMT) during regular business hours via support@likeme.co.in. Support not related to core Hosting functions problems might be charged to Client at applicable rates.
9) CENSORSHIP: VMT will exercise no control whatsoever over the content of the information passing through the network, email or Website.
10) STORAGE AND SECURITY: i) You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. ii) Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically, by way of example and not as a limitation, you shall not use the Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
11) WEBPAGE/SERVER CONTENT: You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.
12) STORAGE AND LIMITS: All Web Hosting and Common Hosting plans, including the unlimited plans(if any), are subject to a limitation prescribed by VMT time to time. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.
13) NOTIFICATIONS: VMT relies on e-mail as the primary means of notifying Clients of important system news, problems with Clients' accounts or usage of those accounts, billing problems, etc. Any notifications will be e-mailed to Client domain's primary e-mail address and/or to the contact e-mail address provided by Client upon application for services. Client agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications. Client notifications to VMT should be made using VMT's portal.
14) CANCELLATION POLICY: Client bears all responsibility for ensuring effective cancellation of Client account. This responsibility includes providing effective and verifiable notification to VMT of Client's desire to cancel an account. This responsibility shall not be waived or modified by Client in any way at any time subsequent to the submission by Client of an application for VMT account. VMT will implement without further notification.
15) REFUSAL OF SERVICE: VMT reserves the right to refuse or cancel service at VMT's sole discretion, with or without reason, with or without warning, and without indemnification.
16) SERVER ABUSE: Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your Server, or anything that causes Server malfunction. Failure to comply is subject to immediate account deactivation.
17) RESOURCE USAGE: Client can use the resources of VMT in a reasonable way, which doesn't disadvantage other clients of VMT. VMT will be the sole arbiter as to what constitutes a violation of this provision. Failure to comply is subject to immediate account Deactivation.
18) THIRD PARTY SOFTWARE: We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
19) CLIENT’S OBLIGATION: You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the software provided by VMT. ii) You shall be solely responsible and liable for any dispute arising out of your usage of our products and services. iii) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the services/product. VMT reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. iv) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our products and services. v) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by VMT, at its sole discretion. vi) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow VMT/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services. vii) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit your website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise. viii) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever. ix) You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using VMT products and services. x) You shall cooperate with VMT and render assistance to it for connecting the respective software systems of the Parties. xi) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system. xii) You acknowledges that responsibility for all content provided by you to VMT for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that we will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content. xiii) You acknowledge and agree that we may elect at its sole discretion to monitor the Content and your activities on the Website. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xiv) You agree to use the Services and the Website for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Website is being used for illegal purposes, we shall be entitled to immediately terminate the Agreement and the Services without notice in addition to any remedies to which it may be entitled under law.
20) PROHIBITED SERVICE: i) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or VMT's services. VMT shall be the sole arbiter as to what constitutes violation of this provision. ii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to; iii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iv) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; v) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vi) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. vii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to VMT's servers or to any other server on the Internet. ix) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk email (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to VMT and/or any Client in any way. x) VMT assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India. xi) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made there under. xii) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program , computer system or computer network of VMT, without the permission of VMT. xiii) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of VMT, without it permissions, and further shall not use the said devices for cheating by personation. xiv) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever; xv) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programmes residing in such computer system or computer network. xvi) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means. xvii) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. xviii) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. VMT shall have the right, but not the obligation, to remove the Content which is deemed, in VMT’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xix) You are strictly prohibited from installing any third party software on our products and services without the express written authorization of VMT. In the event that you install third party software on VMT’s servers without the express written authorization of VMT, VMT at its discretion shall have the right to terminate the Services without any Notice.
You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the VMT’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to VMT immediately upon demand damages suffered by VMT directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the BANNED PRODUCTS & SERVICES
21) TENURE/TERMINATION: i) The terms of this agreement is for the period as per plan you have paid for. This agreement may continue subject to the payment of hosting service fee as applicable, or until the termination of this agreement, as specified under this agreement. ii) This Agreement may also be terminated at any time by VMT without assigning any reasons. VMT has the right to terminate this Agreement and your right to use this service upon any material breach of terms and conditions by you. ii) This Agreement may be terminated by VMT, upon your linking in the illegal, unlawful and prohibited activities prescribed under this agreement. iv) Upon termination of this agreement, VMT shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.
22) LIMITATIONS; ACCOUNT TERMINATION: i) You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers. ii) You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content. iii) Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.
23) OWNERSHIP: i) VMT maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the rights of ownership and use of his own domain name(s) even if Client changes VMT. In case of disputes regarding authority over domain names, VMT will follow industry standard practice of giving ultimate authority to the domain name registrant. VMT maintain control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and or provided by VMT. ii) All contents stored by you shall at all times remain the property of yours. You grant to VMT non-exclusive, world-wide license to the content only to the extent necessary for VMT to host the website. VMT uses the information it collects through the software features to upgrade or fix the software and otherwise improves the products and services. Additionally, You agree that VMT may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of VMT and its affiliates.
24) INDEMNITY: i) Client is solely responsible for the content stored in his folders on VMT's Servers and agrees that it shall defend, indemnify, save and hold VMT harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against VMT, its agents, its customers, officers and employees, that may arise or result from any content, service provided or performed or agreed to be performed or any product sold by Client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold VMT harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a VMT Server; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. ii) Client shall defend, indemnify, and hold harmless VMT, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by VMT (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents, or resulting from Your business operations or use of Software provided by VMT.
25) DISCLAIMER OF WARRANTY: i) The service is available to you “as-is whereas basis." You bear the risk of using it. VMT gives no express warranties, guarantees or conditions. VMT will make all reasonable efforts to provide uninterrupted access and hosting services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that VMT and its business partners disclaim all warranties including but not limited to express or implied, written or oral. VMT shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition, VMT shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. VMT does not warrant that hosting services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from VMT or through or from VMT shall create any warranty. VMT shall have no liability in this respect. VMT’s sole obligation and your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible. ii) VMT's infrastructure has been designed to prevent and minimize damage risks. However, no insurance is given expressly or implied hereby, and any damages incurred by Client due to disruption of service (including loss of connectivity, Server outages, data corruption or loss) by VMT or its provider or third parties is at Client's sole charge, and shall in all cases be expressly limited to the fees paid by Client to VMT for services in the corresponding period and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by Client.
26) LIMITATION & EXCLUSION OF REMEDIES AND DAMAGES: i) You agree that VMT shall not be liable for any suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; interruption of business; access delays or access interruptions to the website(s) provided through or by the services; loss or liability resulting from acts of god; data non-delivery, mis-delivery, corruption, destruction or other modification; events beyond the control of the primary service Provider or backend service Provider; or loss or liability resulting from the unauthorized use or misuse of their account identifier or password. ii) VMT’s aggregate liability arising from or relating to this agreement or maintenance, support or other service (regardless of the form of action or claim - e.g. Contract, warranty, tort, malpractice, and/or otherwise) will in no event exceed maximum amount paid by you to VMT while availing VMT’s service under this agreement. iii) VMT will not in any case be liable for any Special, incidental, consequential, indirect or punitive damages even if VMT has been advised of the possibility of such damages. VMT is not responsible for lost profits or revenue, loss of use of our service, loss of data, costs of re-creating lost data, the cost of any substitute equipment or program, or claims by you.
27) CONFIDENTIALITY: You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of VMT business (“Confidential Information”) in the course hereof. Confidential Information shall include; i) VMT services and plans for the Website ii) Specifications of VMT services and any future development plans iii) Concepts relating to VMT service not disclosed from the operation of the Website iv) Trade secrets of VMT v) Information derived from providing the Services when Website is in operation, including but not limited to: 1. identities, contact information and credit card information of users (if applicable) 2. Confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable).
All information received by you shall be kept confidential and you shall use the same degree of care as you use to protect its own confidential information. An item will not be considered to be confidential information if it is; (i) already available to the public other than by a breach of this Agreement; (ii) rightfully received from a third party not in breach of any obligation of confidentiality; (iv) proven to be already known to the recipient at the time of disclosure; or (v) produced in compliance with applicable law or a court order, provided you shall promptly notify VMT so as to enable VMT to seek a protective order or other appropriate remedy. You will return all the confidential information to VMT within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement.
Notwithstanding the forgoing, in the event VMT receives a validly issued administrative or judicial order, notice, warrant or other process that requires VMT to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.
28) PRIVACY: VMT and Client will mutually keep the data private and not share or reuse the other party's data, and put in place all normal reasonable security measures to protect each other's data, including corresponding NDA agreements with employees and contractors. Client recognizes that VMT can be required to provide data to legal authorities upon valid legal injunction, and to comply to such injunctions with or without Client's authorization or consent. Furthermore, Client understands there is no absolute security, and in order to limit consequences of any accidental exposure, Client agrees to not use the Hosting storage for data beyond the data required for the Hosting. Client authorizes VMT to backup and archive the Servers on-site and off-site, including Client's data and Sites for the purpose of continuous Hosting operations, and to maintain Server logs required for VMT's technical operations and legal compliance. This authorization does not imply that VMT must make or keep such backups, archives and logs. In case of suspected unauthorized use, or complaint, VMT can, but must not, inspect Client data and traffic for compliance check purposes, prior to his decision to take measures.
29) INTELLECTUAL PROPERTY RIGHTS: i) This service is owned by VMT Limited and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by VMT, including any trademarks, trade names, logos etc. ii) VMT owns and retains all ownership and proprietary rights relating to its services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Website and all software code and content relating to the Website, etc. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in this Agreement. During the term of this Agreement, VMT grants you, right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.
30) NON-COMPETE: During the term of this Agreement, and for a period of five years after the termination of this Agreement, You agree not to develop or create any program of its own that is comparable in functionality or would compete with VMT’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer VMT Materials or attempt to discover source code or other information concerning VMT Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from Software, or use any information learned from Software to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.
31) GENERAL PROVISIONS: 1) Supersede - This Agreement supersedes all prior agreements and understandings (whether written or oral) between VMT and the Clients, or any of them, with respect to the subject matter hereof. 2) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted. 3) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. 4) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement. 5) Force Majeure: Either Party shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of God, fire, wars, sabotage, civil unrest, labor unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of the Party. 6) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 working days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Ambala, Haryana. The arbitration shall be conducted by a sole arbitrator to be mutually agreed by the parties. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration. 7) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing. 8) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Ambala, Haryana, 133001. India.
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Welcome to LikeMe, your full service establishment where you are assisted with day-to-day and exclusive planning and purchasing activities. It is with immense pride that we hold great business boosting opportunities and information across India with our customer support number 96625 96625. The wide-range of services extends from providing address and contact details of business establishments around the country to making orders and reservations for leisure, medical, financial, travel and domestic purposes. Information regarding varied sectors like hotels, restaurants, auto care, home decor, personal and pet care, fitness, insurance, real estate, sports, schools etc are enlisted on our website, android & iOS app. Our reach stretches from the major cities of our country like Mumbai, Delhi (NCR), Pune, Bengaluru, Kolkata, Chennai, Hyderabad, Chandigarh, Ahmedabad, Surat, Shimla, Lucknow and Jaipur to providing the information to other small developing cities across the country. Our 'Free Listing' feature gives a platform to showcase varied specialties. We acknowledge you with the information via phone, SMS, web, App and WAP and hence create a space for you to share your experiences through our 'Rate & Review' feature on your business page. Providing you with the 'Best Deals', 'Last Minute Deals' and 'Live Quotes', we make sure that you are offered the best bargains and results in the market.
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Travel
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Architecture and Interior
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Automobiles
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Beauty Services
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Doctor Appointment
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Fitness
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Home Services
Your home is our priority. Discover a wide range of home services like AC repairs, carpenters, electricians etc. online with the best deals, where quality and convenience meet at your doorstep.
Repairs and Services
Drive away your worries with best deals with LikeMe. From repairing your electronic items to servicing your escalator, find the best offers to solve all your utility problems effortlessly.
Pet Care
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Florists
Brighten any occasion. Explore our online florist for exquisite arrangements that convey your sentiments with beauty and grace.
Nursing Services
Compassionate care is just a click away. LikeMe provides access to the nursing services online and ensures compassionate and professional support and attention that your loved ones deserve.
Additional amenities that can enhance your leisure, health and home amenities are Courier Service, Laundry Service, AC Repair, Thyrocare, Metropolis, Booking a Table, Ordering Food, Doctor's Appointment etc.
With infinite arrays of possibilities, this will be your 'all in one destination' to find everything, Anytime, Anywhere
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