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This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made there under. This electronic record is 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 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of VMT’s product and its service via LikeMe APP or web portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872. LikeMe business APP and LikeMe executive APP are registered product of VMT Private Limited with its registered office at 126 A, SA Tower, Bank Road, Ambala Cantt, 133001.
This is an agreement between VMT Private Ltd., a company incorporated under the Companies Act 1956 with its registered office at 126 A, SA Tower, Bank Road, Ambala Cantt, 133001, the owner and operator of www.vasmobitech.com (the "VMT Site"), www.likeme.co.in, ( LikeMe is a product of VMT Private Limited) (hereinafter called VMT which expression shall, unless repugnant to the context, include its successors in business, administrators, liquidators and assigns or legal representatives) the VMT Application Software "LikeMe Business app and executive App", including collectively, including all content provided by VMT through LikeMe Application and the LikeMe Site, the "VMT Service", or the "Service"(hereinafter called as LikeMe, VMT or VMT,), and you ("you" or "You" or “vendor” or “Business Owner”, “advertiser” , ”Licensee” or “Goods and services provider”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, TERMS OF USE FOR LIKEME SERVICES, INFRINGEMENT POLICY, SOFTWARE LICENSE AGREEMENT, HOSTING SERVICES AGREEMENT, SOFTWARE LICENSE AND HOSTING AGREEMENT, terms of Service For Listing service, Terms for LikeMe Messenger, Terms and conditions for Digital Catalogue- B2B,Terms Of Use For Information Dissemination, and LikeMe.'s PRIVACY POLICY, TERMS & CONDITIONS for LikeMe Custom Webpage usage which all can be found at https://likeme.co.in/terms-business AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
LikeMe Service:
These Terms of Service apply to all users of the VMT’s LikeMe Service (LikeMe is a Product of VAS Mobitech Private Limited.). Information provided by our users through the LikeMe may contain links to third party websites/webpages that are not owned or controlled by VMT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Also, VMT does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third-party content on the Site. In addition, VMT will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that VMT shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect VMT’s belief.
Errors, Corrections, and Right to Modify or Discontinue Service and Sites:
We do not represent or warrant that the VMT Site, Web Portal, Business APP and Sales/ Executive APP will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the VMT’s LikeMe product will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the LikeMe product at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing in the product. VMT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. VMT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any Sites.
LikeMe Access:
A. Subject to your compliance with these Terms of Service, VMT hereby grants you permission to use the Service, provided that:
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide VMT with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, LikeMe may periodically access your contact list and/or address book or camera, Microphone, WhatsApp etc. in order to run the application on your mobile device When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to VMT to access your mobile device in order to provide and use the Service. We do not collect any data from your mobile device. You must notify VMT immediately of any breach of security or unauthorized use of your mobile phone. For removal of doubts it is clarified that, VMT is not liable for any loss or damage caused by any unauthorized use of your account, however you would be liable for any losses or damage caused to VMT including but not limited to any claims made on VMT or others due to such unauthorized use.
C. You agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcp dump or HTTP Watch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service. You agree not to create any data backup of the content that is available to you by use of the VMT Site or VMT Mobile App. or use of VMT Service that is available through any other mediums.
AVAILABILITY:
SYSTEM REQUIREMENTS:
Intellectual Property Rights:
The LikeMe & VMT {company names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights if any} (and other intellectual property rights of any nature in the Application) together with the underlying software code in the App ("Intellectual Property") is owned by and used under license by VMT or its subsidiaries or affiliate companies. All other Intellectual Properties herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use VMT’s Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VMT
For removal of doubts, it is clarified that, by accepting theses terms, you hereby waive and grant to VMT all rights including intellectual property rights and also "moral rights" in the Reviews, Ratings and Comments posted by you at VMT through any of mediums of VMT and that VMT is free to use all such Review, Ratings and Comments as per its (VMT's) requirements from time to time.
User Submissions & Specific Features:
A. Ratings and Reviews on social pages, portals and any way of promotion and marketing etc- (Refer Privacy Policy)
B. In connection with Ratings and reviews and webpage content, you further agree that you will not:
C. Adult content must be identified as such. VMT does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and VMT expressly disclaims any and all liability in connection with ratings and/or submissions or webpage content of users. VMT does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and VMT will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following:
D. You understand that when using the VMT Service you will be exposed to Ratings and Review submissions from a variety of sources, and that VMT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of VMT You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VMT with respect thereto, and agree to indemnify and hold VMT, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the VMT Service.
E. VMT reserves the right to discontinue any aspect of the VMT Service at any time.
F. Right, But Not Obligation, to monitor review Submissions: VMT does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.
G. Your Use of Submissions/reviews Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms of Use.
WARRANTY:
THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE),Web Portal and App ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VMT DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. VMT DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VMT DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. IN NO EVENT SHALL VMT BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF VMT IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. VMT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
ADDITIONAL DISCLAIMER:
Users using any of VMT service across the following mediums i.e., through internet i.e., www.LikeMe.co.in Website, Webportal, SMS, phone, App or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser/Business/Goods and Service Providers listed on LikeMe Portal. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafide of the vendor/s or Advertiser/s and VMT does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed on LikeMe. Further, VMT is not at all responsible for any act of Advertiser/s listed at LikeMe. Also, VMT does not guarantee any number of customer reviews, positive review ratings or promises any business growth or fixed leads. With LikeMe, VMT gives you a platform to enable all this. All Reviews and rating depend on quality of goods and services provided by the vendors.
Limitation of Liability
IN NO EVENT SHALL VMT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
YOU SPECIFICALLY ACKNOWLEDGE THAT VMT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity:
You agree to defend, indemnify and hold harmless VMT officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
Ability to Accept Terms of Service:
Only adults, who are at least eighteen (18) years of age, are eligible to use our service, whether for personal use or on behalf of a business. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.
Assignment:
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VMT without restriction.
Miscellaneous:
You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement between you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.
GOVERNING LAW:
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws' provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts at Ambala, Haryana, will have the exclusive jurisdiction. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. VMT reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. VMT reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Privacy Policy:
In the course of registering for and availing various services we provide from time to time through our website www.liikeme.co.in, , LikeMe business app and sale executive app or any other medium in which VMT may provide services (collectively referred to as "Media") you may be required to give your name, email address, Phone Number or similar Personal Information ("Personal Information"). The Personal Information is used for two general purposes: to log your feedback digitally and to contact you about our services via including but not limited to email's, SMS’s and other means of communication. Unless otherwise stated explicitly, this Policy applies to Personal Information as disclosed on any of the Media.
We are committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media In furtherance thereof, we have this policy to demonstrate our good faith.
This policy does not apply to the practices of organizations that we do not own or to people that we do not employ or manage.
Personal Information will be kept confidential and will be used for our research, marketing, and strategic client analysis objectives and other internal business purposes only. We do not sell or rent Personal Information, your Personal Information shall be shared with our subscribers/advertisers and you shall be deemed to have given consent to the same. Further, the subscribers / advertisers who are listed with us, may call you, send SMS or email based on the feedback, promotional offers or any offerings of their establishments.
We will share Personal Information only under one or more of the following circumstances: - If we have your consent or deemed consent to do so - If we are compelled by law (including court orders) to do so
In furtherance of the confidentiality with which we treat Personal Information we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
You acknowledge that you are disclosing Personal Information voluntarily. Prior to the completion of filling a survey form if you wish not to disclose any Personal Information you may refrain from doing so; however, if you don't provide information that is requested, it is possible that the feedback would be incomplete and/or you would not be able to avail of our services. Information which can be personally identifiable, information obtained from the user on LikeMe Platform would be available across VMT.
If you are our corporate customer, it is possible that we have entered into a contract with you for non-disclosure of confidential information. This Policy shall not affect such a contract in any manner.
If you have questions or concerns about these privacy policies; please send us an email at support@likeme.co.in
Privacy Notice:
VMT is committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media. In furtherance thereof, we have this policy to demonstrate our good faith.
This Privacy Policy is incorporated into and is subject to the LikeMe’s Terms of Service. Your use of the LikeMe Site, LikeMe Software and the LikeMe APP and any personal information you provide remains subject to the terms of this Privacy Policy and our Terms of Service.
What Does This Privacy Policy Cover? This Privacy Policy is part of LikeMe’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by VMT, including information obtained when you access the LikeMe Site, use the LikeMe APP or any other software provided by VMT under LikeMe product range.
The Information LikeMe Collects:
LikeMe may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below ("Personally Identifying Information"):
LikeMe does not collect emails, addresses or other contact information from its users' mobile address book or contact lists. LikeMe does not store historical location information of users in any form or manner at its end.
The Way LikeMe Uses Information:
If you submit Personally Identifiable Information to us through the LikeMe Site, or LikeMe QR Code, or LikeMe App, then we may your personal information to operate, maintain, and provide to you the promotional offers. In particular, your mobile phone number is essential and will be retained. Your name will be displayed on the business review page. For more information on our ratings feature, please read the note below:
LikeMe will use your mobile number and email id. LikeMe manages reviews in the following ways:
Where are the ratings shown? Ratings are shown in the following ways on Social Pages:
Benefits:
Your feedback and rating will allow other to benefit from one user’s experience. It will allow people to make a better decision about choosing a product/service/establishment.
When LikeMe Discloses Information:
Other users of Service may see your ratings submissions in a way that is consistent with the use of the business forms or any social pages. For example, a rating of "ABC Restaurant" on business forms or any other social pages or portals will be available to every user having web access.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Service.
Your Choices:
You may, of course, decline to submit Personally Identifiable Information through the survey form. If you do not agree with our Privacy Policy or Terms of Service, you may deny not give the feedback. To protect your privacy and security, we take reasonable steps (such as happy-code in certain cases) to verify your identity before registering your mobile phone number and granting you access to the feedback survey. Please contact VMT via email or at info@vasmobitech.com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices. By scanning the QR code, user is giving consent to capture and use their details, if they wish not to give the details, they may not proceed further.
Third-party Advertisers, Links to Other Sites:
LikeMe is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, we will update this section.
Our Commitment to Data Security:
VMT & LikeMe uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to LikeMe and you do so at your own risk.
Consent To Push Notification:
You agree and confirm that any review, rating and comments, including any other content or data therein, that you submit/post via. LikeMe platforms viz. WEB, WAP, APP, whatsapp & MOBILE etc. such details as per VMT’s discretion will be shared with establishment vendors.
Designated Grievance officer
The following can be contacted for any grievances
Email: info@vasmobitech.com
Designated Compliance Officer
The following can be contacted for any compliance issues -
Email: info@vasmobitech.com
If you have questions or concerns about these privacy policies; please send us an email at info@vasmobitech.com
Infringement Policy
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.
SOFTWARE LICENSE AND COMMON HOSTING AGREEMENT
THIS SOFTWARE LICENSE & HOSTING SERVICE AGREEMENT (the “Agreement”) is entered into between VMT Limited, having its registered Office at 126A, SA Tower, 02nd Floor, Bank Road , Ambala Cantt.133001 (hereinafter referred to as “LikeMe”, “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 right to use its LikeMe Software Program and Hosting Services (hereinafter referred to as “Product and Service”) 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 and hosting service. If you do not Accept and comply with these terms, you may not use the software and hosting service.
1) USAGE POLICY: You will use the VMT’s Product and Service 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 Software (hereinafter referred as Software or LikeMe) is a one stop solution for retailers to manage customer feedback and digital marketing. It is an APP based platform/solution to manage customer reviews, take reviews, analysis and retarget customers. This Software has the features through which you yourself can customize your webpage. This software is available on mobile app. In this software you have the option of choosing the features which you want to use and pay only for those features as agreed between parties. This software will be accessible on compatible mobile devices.
3) TERMS OF USE: This agreement only gives you rights to use the Product and Service as per the features obtained and fee paid by you. You may use the Product and Service only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Product and Service that only allow you to use it in certain ways. Client has the exclusive right to use the Product and Service only for a license period or as per the rights granted under this agreement.
You may only use the software on a single computer/mobile device 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 Product and Service in accordance with the terms of this Agreement.
5) CLIENT’S RESPONSIBILITIES: Effective use of Product and Service provided by VMT 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 Product and Service due to your lack of the requisite knowledge and skills.
6) USE OF LikeMe App: i) The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy of software only on one computer or compatible 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 virtualize 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 may use 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 LikeMe Software & Mobile APP: i) VMT grants you the license LikeMe software program only upon receipt of license fee as determined by VMT, from time to time, in according to the terms of this Agreement.
8) 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. 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 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) (Vi) Pocket, wallets/net banking (Vii) Online Payment thru PayU/Razorpay . 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.
9) 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 webpage or App or both) if required.
10) 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 Service Tax & VAT (Value Added Tax) or other taxes as applicable.
11) COMMON HOSTING SERVICE: VMT agrees to host and maintain your webpage on its server(s) i.e. www.likeme.co.in/(business name), as outlined in this Agreement. VMT will take all reasonable precautions to implement data backup services on the data stored in your webpage. VMT agrees to monitor common 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.
You shall acquire and maintain the Internet Protocol address and corresponding domain names for your webpage (if any). VMT may help you in obtaining the domain names or shared domain i.e. www.likeme.co.in/(business name) 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 webpage, or to delete the address in the event your relationship is terminated or webpage cancelled in accordance with the rules, and regulations related to the product. VMT shall provide you the ability to access data on your Webpage and make changes with a password set by you. Your right to use the hosting service is limited for the period as per your subscription 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 common hosting service until the end of your extended period. After the expiration of your period, common hosting service will stop. VMT reserves its right to charge the fees for the common hosting service, at any time, at its sole discretion, and the same shall be notified to client, in advance. All Web Hosting, Hosting plans and Web pages including the unlimited plans, 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.
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) SERVICE/SUPPORT: a) VMT will use commercially reasonable efforts to make available VMT Support Center on Monday through Friday (09:00 AM to 05:00 PM) or during VMT's normal business hours, excluding VMT's scheduled holidays. VMT will provide you all the customer and technical support via 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. On best effort basis, 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.
13) REFUNDS POLICY: All fees 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 our Product and Service 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 Product and Service due to excellent or bad/poor rating, fire, labor unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, hacking, technical glitch or any other cause or causes beyond the control of VMT.
15) 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.
16) TRANSFER: This agreement is non-transferable or assignable by the Client without the prior written consent of VMT.
17) FEES CHANGE: VMT reserves the right to increase/raise the fees, at its discretion. The fees will only become effective upon renewal of the order. For clarity, additional purchases of the service/ other features will be subject to the new pricing.
18) 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, adhar 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 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. xi) 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. xii) You before providing the details of services to the end user through (LikeMe), shall be liable to check all details of services/products, 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 details of product/services, GST/any other tax rates in the services detailed on LikeMe Web portal xiii) VMT shall not be liable to update any changes in the GST/any other tax rates . You shall be liable to update the GST/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you. xiv) 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. xv) 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. xvi) 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 only on one computer/PC/Mobile device. For a single license You will use/install LikeMe only in one outlet and if you intent to utilize LikeMe 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 VMT Product and Service other than right to use the same. Your right to use of our Product and Service is conditioned upon your timely payment of the full amount of Fees due for Product and Service and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the Product and Service also expire and you may no longer use the Product and Service.
Client will not make any unauthorized, false, misleading, or illegal statements in connection with this Agreement or regarding the Product and Service. Client will not make any representations or warranties concerning the Product and Service on behalf of VMT.
19) DISCLAIMER OF WARRANTY: i) This Product and 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. 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.
20) 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.
21) 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.
22) TERMINATION: i) The right to use our Product and Service hereunder shall continue subject to payment of fees as prescribed by VMT, time to time or unless and until terminated pursuant to Clause (ii) hereof and subject to your 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. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.
23) 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 e-mail (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. xix) You are strictly prohibited from installing any third-party software on our 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 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 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.
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"
24) CONTENT 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.
25) 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.
26) 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.
27) 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.
28) 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.
You shall be solely responsible for undertaking measures to: i) prevent any loss or damage to your website or server content; ii) maintain independent archival and backup copies of your website or server content; and iii) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. iv) 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: i) a repository or instrument for placing or storing archived files; and/or ii) 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. 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.
29) CENSORSHIP:VMT will exercise no control whatsoever over the content of the information passing through the network, email or website.
30) 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.
31) 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.
32) 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 or LIKEME 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.
TERMS OF SERVICE FOR LISTING SERVICES
This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made there under. This electronic record is 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 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of VMT’s service via VMT Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
1. INTRODUCTION:
The Services (defined hereinafter) of LikeMe is provided by VMT Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 126-A, SA Towers, 02nd Floor, Bank Road, Ambala Cantt.133001. The LikeMe APP with its QR Code integration is designed to help businesses get more online reviews. It is a platform which socializes your firm in digital world, helps you connect with customers and in turn improves your sales and revenue. It gets business reviews and on other social pages from customers and increases your business’s visibility and ranking on social media and gives you a webpage LikeMe is available to users through APP and LikeMe Webpage. LikeMe is merely a medium which facilitates general public to give reviews for vendor's goods and services. However, at the same time LikeMe does not intend to guarantee any business to Vendors. The Vendor details as provided by them are specified in the webpage provided to them by LikeMe. LikeMe’s objective is to provide a medium for end user to give reviews and vendor a medium to review the feedback and reach out to customers. The end users ("hereinafter referred as Users") of the Service are persons who purchase goods / avail services and are seeking information about the Vendors of such goods and services. These Terms of Service (defined below) and the invoice mentioned in Clause 13 constitute the entire understanding/Contract) between LikeMe and the Vendors.
2. INTERPRETATION:
3. SUBSCRIPTION:
Vendors may be business houses, restaurants, retail units small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Services of LikeMe. LikeMe will facilitate review collection and analysis. Vendor agrees and acknowledges that LikeMe does not guarantee any business to the vendor and is merely a medium through which information and feedback is taken from users and made available to the general public.
4. GENERAL TERMS:
5. INFORMATION DISSEMINATION:
VMT may disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS, Whatsapp, email and other electronic media.VMT may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.
6. VENDOR QR Code & Webpage:
This refers to the various kinds of Services that can be selected by the Vendor. LikeMe provides the following Plans (a) Trail and Trail Plus(b) Standard and Standard Plus(c) Super Saver and super saver plus(d) Other Services as may be introduced by LikeMe from time to time and or as mentioned in the invoice or the proposal forms as the case may be.
a) Trail Plan and Trail Plus
The vendor gets QR code for collecting reviews which is active for 6 months and access to LikeMe App. In the event vendor wish to change/add any details, name, working hours, photos in APP or in webpage etc., it will be done without any additional cost and they can customize themselves using the LikeMe App without any support required from LikeMe support team. However, in case they need additional QR Code, they need to connect support@likeme.co.in to get new LikeMe QR Code for new business. The final decision-making power with regard to any plan and modifications shall however vest with LikeMe and such decision shall be final and binding on the business owner. The Vendor acknowledges that review ratings will dependent on the Quality of service provided by the business owner and LikeMe does not guarantee on the numbers of review, positive reviews and negative reviews.
Trail Plus Plan
Under this package goods and service provider gets all benefits listed for Trail Plan and an additional webpage for the 6(six) Months or until he pays for the services. The webpage can be customized using LikeMe business App only.
b) Standard Plan and Standard Plus Plan
The vendor gets QR code for collecting reviews which is active for 12 (twelve) months and access to LikeMe App. In the event vendor wish to change/add any details, name, working hours, photos in APP or in webpage etc., it will be done without any additional cost and they can customize themselves using the LikeMe App without any support required from LikeMe support team. However, in case they need additional QR Code, they need to connect support@likeme.co.in to get new LikeMe QR Code for new business. The final decision-making power with regard to any plan and modifications shall however vest with LikeMe and such decision shall be final and binding on the business owner. The Vendor acknowledges that review ratings will dependent on the Quality of service provided by the business owner and LikeMe does not guarantee on the numbers of review, positive reviews and negative reviews.
Standard Plus Plan
Under this package goods and service provider gets all benefits listed for Standard Plan and an additional webpage for the 12(twelve) Months or until he pays for the services. The webpage can be customized using LikeMe App only.
c) Super Saver Plan and Super Saver Plus Plan
The vendor gets QR code for collecting reviews which is active for 24 (twenty-four) months and access to LikeMe business App. In the event vendor wish to change/add any details, name, working hours, photos in APP or in webpage etc., it will be done without any additional cost and they can customize themselves using the LikeMe App without any support required from LikeMe support team. However, in case they need additional QR Code, they need to connect support@likeme.co.in to get new LikeMe QR Code for new business. The final decision-making power with regard to any plan and modifications shall however vest with LikeMe and such decision shall be final and binding on the business owner. The Vendor acknowledges that review ratings will dependent on the Quality of service provided by the business owner and LikeMe does not guarantee on the numbers of review, positive reviews and negative reviews.
Super Saver Plus Plan
Under this package goods and service provider gets all benefits listed for Super Saver Plan and an additional webpage for the 24(Twenty-Four) Months or until he pays for the services. The webpage can be customized using LikeMe App only.
9. LISTING/ SERVICE AND OTHER FEES:
10. PAYMENT MODES:
11. CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:
12. LUMP SUM PAYMENT MODE:
Vendors who pay the lump sum amount while availing the services under such payment mode the tenure of the Service will be equivalent to the amount paid by the Vendor.
13. ISSUANCE OF INVOICE/ANNEXURES:
14. PRIORITY of Submission of feedback:
For VMT, providing user a platform to submit the feedback is the priority. The review and rating given will depend on the services, product(s), hospitality etc etc provided by the vendor. The Vendor acknowledges that VMT will merely act as interface or platform to receive the business reviews; we do not guarantee positive reviews and negative reviews or number of reviews.
15. NO GUARANTEE OF BUSINESS:
VMT does not guarantee that enquiries/leads will be generated/revenue will be increased by it for the Vendor or that any of such enquiries/leads will be converted into business for the Vendor.
16. NO MARKETING:
VMT is not obliged and does not market the offerings of Vendor and shall not be obliged to recommend Vendor to the Users. VMT’s obligation under the contract is limited to the obligations explicitly set out herein and in no event does VMT undertake to generate or guarantee Enquiries or business to the Vendor.
17. INDEMNIFICATION:
Vendor 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 (without limitation to reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with:
18. CONFIDENTIALITY AND RELATED OBLIGATIONS:
The Vendor shall keep any information regarding the Users of the Service ("User Information") confidential both, during the subsistence of this Terms Of Service and after its termination. The Vendor shall not, without the prior written consent of VMT, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Vendor is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event VMT is made aware of any such practice of the Vendor in violation of the terms of this Terms Of Service, VMT shall be entitled to terminate the Services as well as initiate such legal proceedings against the Vendor, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
19. VENDORS’ OBLIGATIONS TOWARDS END USERS:
20.VENDORS’ OBLIGATIONS TOWARDS VMT:
21.VENDORS’ GENERAL OBLIGATIONS:
22. DISCLAIMER AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, VMT disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, VMT disclaims all guarantees regarding accurate Listing of the Vendor. Vendor understands that there may be errors in such positioning. Neither VMT nor the Vendor will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for vendor's indemnification obligation. VMT's aggregate liability to the vendor is limited to amounts paid to VMT by vendor during the 12 (twelve) months immediately preceding the date of the claim. VMT is also not liable for any claim owing to any misrepresentation of the information pertaining to the Vendor so long as the information exhibited/ communicated by VMT conforms to the Information made available by the vendor or its authorized representative.
23. ADDITIONAL DISCLAIMER:
24. DISPUTE RESOLUTION:
25. TERMINATION:
26. NOTICES:
VMT shall send notices to Vendors in writing through email or WhatsApp/SMS and may be followed by registered post and dispatched through a reputed courier. Any notice refused by the Vendor would be deemed to have been legally delivered and Vendor will be deemed to have received such notice. Vendors can send notices to VMT in writing on customer support email id or to company's registered office address.
27. MODIFICATIONS TO TERMS OF SERVICE:
VMT reserves the right to change the Terms of Service at any time without any prior notice to the Vendor. Changes to the terms of Service or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by VMT. For Terms of Service with Vendor visit
https://likeme.co.in/terms-business
28. TAXES:
VMT is entitled to charge the vendor for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and vendor hereby agrees to pay the said taxes and charges promptly without raising any objections. Vendor also agrees that in the event the said taxes and charges are not charged by VMT the same shall be paid by the Vendor directly to the authorities concerned without raising any objection. The vendor further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the vendor for the Listing and Services rendered by VMT. i) All TDS deductions, form no. 16A should be sent at tds@likeme.co.in iii) Goods and Service Tax is levied as per existing government policy. iv) Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on Goods and Service tax. It is the responsibility of the Vendor to provide the correct Goods and Service tax number before the payments are made. If Vendor fails to provide the GST number or provide incorrect number before making the payment then the Vendor will not get due GST credit for which vendor shall be solely responsible.
29. MISCELLANEOUS:
30. ARBITRATION:
All disputes, differences and/or claims arising out of the Terms of Service shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single arbitrator who shall be appointed by the authorized representative/ Director of VMT. The Vendor shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of VMT. The arbitration proceedings shall be held at Ambala, Haryana and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Vendor and VMT. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.
31. ENTIRE CONTRACT:
This Contract, including any Invoice, Annexure, along with the Terms of Service hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other TERMS between the Parties relating to the subject matter hereof.
32. AMENDMENTS AND WAIVERS:
Unless otherwise expressly stated in this Terms of Service, the failure on the part of VMT to exercise or delay in exercising a right or remedy under this Terms 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 Terms of Service shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy available to VMT.
Terms for LikeMe Messenger
1.Services:
LikeMe Messenger is one of the features of LikeMe App which enables users to Chat, Group Chat, make Voice calls, share photos, documents, Voice Tags, etc. . You can also use this feature as business messenger where you communicate with businesses/SME listed with LikeMe/VMT without revealing your phone numbers and also search the service provider and transact by using it, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing etc.
2.Registration:
You must register for our Services using accurate data or information, provide your current mobile phone number, and, if you change it, re-verify your mobile phone number using OTP. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. All information provided about you are and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided by you.
3.AddressBook:
You provide us the phone numbers of your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
4.Age:
By accepting these Terms, you must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval. If you are under the age of 18 years but at least 13 years of age you may use this Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
5. Devices:
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
6. Fees:
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
7. Availability of Our Services:
Our Services may be interrupted (for maintenance, repairs, upgrades, or network or equipment failures). We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as force majeure events.
8. Termination:
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter & spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with us: Licenses, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Availability and Termination of our Services.
9. No Access to Emergency Services:
There are important differences between LikeMe Messenger and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
10. Acceptable Use of Our Services:
11.Third-PartyServices:
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, interact with a share button on a third party’s website that enables you to send information to your contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
12. Security:
13. Ownership of Data:
14. Our Rights:
15. Reporting IPR Infringement:
To report claims of third-party copyright, trademark, or other intellectual property right infringement, please visit our Intellectual Property Policy. We may terminate your account if you repeatedly infringe the intellectual property rights of others.
16.Privacy policy:
Our Privacy Policy describes our Data and information practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data and information practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information in India and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.
17. Disclaimers:
18. Limitation of liability:
We (LikeMe ) & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if it has been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of One Hundred (100) Rupees. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.
19. Indemnification:
You agree to defend, indemnify, and hold harmless the us & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
20. Dispute Resolution:
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.
21. Governing Law:
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.
22. No Class Actions Suit:
We and you each agree that if you are a LikeMe user located in India or aboard, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, any class of people. We and you each agree not to participate in a class action suit, a class-wide arbitration Disputes brought in a private attorney or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
23. GENERAL PROVISIONS:
Terms for Digital Catalogue - B2B
1. Introduction:
2. Services: VMT is launching new webpage/website service for your business where you can create digital catalogue & website for your business so that it can help you to promote your products and services through VMT’s portal so that the users can directly access your products & services and check out the products & services whenever they want to. This gives user the convenience and they can decide to buy your products & services when they feel the desire or the need. Therefore, this digital catalogue may help you to increase your business in an effective way.
3. Fee: VMT may create digital catalogue for your business now. However, VMT reserves the right, at its sole discretion, to determine the cost of its service as and when it requires.
4. Yours representation, warranties & obligation:
5. VMT's Obligations:
6. Disclaimer & Limitation of Liability:
7. 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:
8. Ownership: The ownership of the product images, specifications, descriptions & other details of digital webpage or catalogue shall be vested with you. However, the ownership of digital catalogue/webpage shall be vested with us. Ownership of the Product(s) excluding the software will pass to you. The Product(s) will appear in the name of your business. In the event of threatened seizure of the Product(s) or any other restrictions, you will immediately notify us and we may take appropriate action in this regard.
9. Intellectual Property Rights: All intellectual property rights in: (i) VMT Brands; (ii) digital catalogue/webpage belong exclusively to VMT. Nothing in this Terms of Use is intended to grant any rights or license to you under any work right, copyright, trade secret, trademark or service mark, or other intellectual property right of VMT. 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.
10. Term & Termination: If you breach any conditions of the Terms or VMT receives any complaints against you from any one or for any other reasons, VMT shall have right to terminate this agreement forthwith and you shall immediately stop using our service. In addition to the termination, VMT also reserves the right to initiate appropriate legal proceedings in the event of any material breach of the terms & conditions as stipulated herein.
11. Force Majeure: If either of the party is unable to perform any obligation under this contract because of any event beyond the party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, epidemic or pandemic (whether or not involving employees of either party) or acts of local or central government or other competent authorities. Neither Party shall be liable for breach of this Agreement to the extent caused by or arising from any force majeure event beyond the control of such Party. If VMT is prevented by restrictions of a legal or regulatory nature from supplying the Service, VMT will have no liability to you for failure to provide the Service.
12. Disputes Resolution: If any dispute/difference arises between the parties about these Terms then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However, if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by VMT at its discretion. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Ambala, Haryana. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.
13. Help Desk: For any complaints or grievances with regard to contents and or comment or breach of these terms, you can email to us at support@likeme.co.in, with brief details of your complaint. Our support executives will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.
14. Relationship: The relationship of the Parties is on a "principal to principal" basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create with limitation any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between You and VMT or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
15. Survival of Information: 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.
16. 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 registered office addresses. Notices may also be sent through emails; however, such emails must be followed up with a physical notice at the above-mentioned address within a period of ten (10) days.
17. Waiver: Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under this Terms 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 Terms shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
18. Governing Law and Jurisdiction: This Terms of Service 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.
19. Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Terms of Service unless otherwise mutually agreed in writing.
Terms of Use for Information Dissemination
This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made there under. This electronic record is 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 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of VMT’s service via VMT Portal/LikeMe App(s). This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your" or “Vendor” or “goods and service provider”) and VMT a company incorporated under the Companies Act 1956 with its registered office at 126-A, SA Tower, 2nd Floor, Bank Road, Ambala Cantt. 133001 ("VMT" "we," or "our" or “LikeMe”) that governs your use of the services offered by VMT through its website www.vasmobitech.com ("Website") or www.likeme.co.in or LikeMe APP, telephone search, SMS, WAP or any other medium using which VMT may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").
CHANGES: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
HOW YOU MAY USE OUR MATERIALS:
While every attempt has been made to ascertain the authenticity of the Platforms content, VMT is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to VMT. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by VMT, its subsidiaries, parent companies, and/or any third-party owner of such rights.
HOW YOU MAY USE OUR MARKS: The VMT& LikeMe company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from VMT or its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any VMT name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of VMT. Requests for authorization should be made to support@likeme.co.in
HOW WE MAY USE INFORMATION YOU PROVIDE TO US: Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
REVIEWS, RATINGS & COMMENTS BY USERS:
Since, VMT provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the VMT services and also about the Advertiser's listed at VMT is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by VMT and any materials you add to the Site or add to any mediums offered by VMT, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the "Communications"). VMT does not endorse or accept any of your Communication as representative of their (VMT) views. By transmitting any public Communication to the Site, you grant VMT an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant these rights to VMT. You hereby waive and grant to VMT all rights including intellectual property rights and also "moral rights" in your Communications, posted at VMT through any of mediums of VMT. VMT is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted. Also, VMT reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
VMT has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. VMT cannot review all Communications made on and through any of the mediums of VMT. However, VMT reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which VMT in its sole discretion deems inappropriate, offensive or contrary to any VMT policy, or that violate these terms:
VMT reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then VMT reserves right to take appropriate legal action against you. Further, you shall indemnify and protect VMT against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments VMT takes no responsibility and assumes no liability for any content posted by you or any third party on VMT site or on any mediums of VMT.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of VMT.
PRIVACY POLICY:
VMT is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY
CONTENT DISCLAIMER:
VMT communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms VMT has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content-based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms.
VMT reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platform’s content hosted on the Platforms are reserved with VMT. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by VMT or its affiliates. VMT does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by VMT.
VMT and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and VMT will at no point of time be responsible for the accuracy or correctness of such information. VMT reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platform’s access rules and regulations for any user(s).
VMT also reserves the right to impose/change the access regulations of the Platforms, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, VMT is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
WARRANTY DISCLAIMER:
Please remember that any provider of goods or services is entitled to register with VMT. VMT does not examine whether the VENDORS are good, reputable or quality sellers of goods / service providers. User must satisfy themselves about all relevant aspects prior to availing of the terms of service. Purchasing of goods or availing of services from vendors shall be at users own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.
Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at user’s sole risk. VMT disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.
THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VMT DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. VMT DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VMT DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
DISCLAIMER for “VMT GUARANTEE" or "LikeMe Guarantee"
The "VMT Guarantee" or “LikeMe Guarantee" is a limited assurance offered by VMT that the name and contact information of the advertiser and the category in which the advertiser is listed by VMT, have been verified as existing and correct at the time of the advertiser's application to register with VMT. VMT makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.
ADDITIONAL DISCLAIMER:
Users using any of VMT service across the following mediums i.e. through internet i.e. www.vasmobitech.com Website or www.likeme.co.in, Webpage, web portal, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the vendor listed with VMT.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafide of the vendor/s and VMT does not confirm, does not acknowledge, or subscribe to the claims and representation made by the vendor/s listed with VMT. Further, VMT is not at all responsible for any act of vendor/s listed at VMT.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL VMT BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF VMT ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. VMT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES:
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.
MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. VMT may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms. However, anyone using the Platforms agrees that VMT may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. VMT reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
DELETIONS FROM SERVICE: VMT will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. VMT reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of VMT, may be, defamatory, infringing or violate of applicable law. VMT reserves the right to exclude Material from the Platforms. Materials submitted to VMT for publication on the Platforms may be edited for length, clarity and/or consistency with VMT's editorial standards.
INDEMNIFICATION:
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
MISCELLANEOUS:
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of law’s provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and VMT. VMT reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. VMT reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: VMT Limited, 126A, SA Towers, 2nd Floor, Bank Road. Ambala Cantt 133001.
Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Ambala, Haryana, India.
Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.
In relation to any complaints or concerns, you can email to us at support@likeme.co.in
TERMS & CONDITIONS (LikeMe Custom Webpage usage)
THIS SOFTWARE LICENSE & HOSTING SERVICE AGREEMENT (the "Agreement") is entered into between VAS Mobitech Private Limited, having its registered Office at 126-A, SA Towers, 2nd Floor, Bank Road, Ambala Cantt. 133001 (hereinafter referred to as "VMT", "Licensor", "We", "Our", OR “ LikeMe”), and Clients (hereinafter referred to as "Client", "Licensee", “vendor” ,”business”, “goods and service provider” OR "You"). VMT hereby grants the right to use its LikeMe Custom webpage Software Program and Common Hosting Services (hereinafter referred to as "Product and Service") 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 and hosting service. If you do not Accept and comply with these terms, you may not use the software and hosting service. LikeMe custom web portal feature is available with selected plan. If you enroll and opt for the particular plan, you will get access to manage and customize your webpage from the APP.
1) USAGE POLICY: You will use the VMT's Product and Service 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 Web portal software program. LikeMe Web portal Software (hereinafter referred as Software) is a one stop solution for retailers manage customer reviews and digital marketing. It is a platform/solution to facilitate customer reviews, collecting data to analyze the feedback and review, manage web portal and review dashboard thru APP. You will be able to use this software for the purposes of setting up. This Software has the features through which you yourself can set up your web page, access to Dashboard, manage photos, description, address, offers, promotions etc. This software is available on website or on mobile app. This software will be accessible on website or on compatible mobile devices.
3) TERMS OF USE: This agreement only gives you rights to use the Product and Service as per the features obtained and fee paid by you. You may use the Product and Service only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Product and Service that only allow you to use it in certain ways. Client has the exclusive right to use the Product and Service only for a license period or as per the rights granted under this agreement.
You may only use the software on a single computer or mobile device at one time and may do so only via a user interface connected directly to said single device 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 Product and Service in accordance with the terms of this Agreement.
5) CLIENT’S RESPONSIBILITIES: Effective use of Product and Service provided by VMT 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 Product and Service due to your lack of the requisite knowledge and skills.
6) USE oF LikeMe Custom Webpage is: i) The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy of software only on one computer/compatible 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 virtualize 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 may use 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 LikeMe custom webpage software program: i) VMT grants you the license of LikeMe custom web portal software program on its App only upon receipt of license fee as determined by VMT, from time to time, in according to the terms of this Agreement as per different plans.
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 and email ID, simultaneously 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) 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/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 instalments payment options as available. If You opts to pay the fee/consideration by paying instalments, 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 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.
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) COMMON HOSTING SERVICE: VMT agrees to host and maintain your webpage on its server(s), as outlined in this Agreement. VMT will take all reasonable precautions to implement data backup services on the data stored in your webpage. 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.
You shall acquire and maintain the Internet Protocol address and corresponding domain names for your website. VMT may help you in obtaining the domain names 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. VMT shall provide you the ability to access data on your Website and make changes with a password set by you. Your connection will be secured by the firewall.
Your right to use the hosting service is limited for the period you subscribe for the services. 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.
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.
14) SERVICE/SUPPORT: a) VMT will use commercially reasonable efforts to make available VMT Support Center on Monday through Friday (09:00 AM to 05:00 PM) or during VMT's normal business hours, excluding VMT's scheduled holidays. VMT will provide you all the customer and technical support 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. On best effort basis, 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.
15) REFUNDS POLICY: All fees 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 our Product and Service or not.
16) 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 Product and Service due to fire, labor unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, hacking, technical glitch or any other cause or causes beyond the control of VMT.
17) 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.
18) TRANSFER: This agreement is non-transferable or assignable by the Client without the prior written consent of VMT.
19) FEES CHANGE: VMT reserves the right to increase/raise the fees, at its discretion. The fees will only become effective upon renewal of the order. For clarity, additional purchases of the service/ 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 App and LikeMe custom webpage. 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 webpage which will be applicable to the user of your webpage who visit your webpage for any purposes including but not limited to view/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 the respective LikeMe 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 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 or information to end user thru LikeMe Webpage, shall be liable to check the details and pricing of all products and services listed there including 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 description, quality, GST/any other tax rates in the services provide through LikeMe webpage. xiv) VMT shall not be liable to update any product description or changes in the GST/any other tax rates on LikeMe Webpages. You shall be liable to update the product descriptions, 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 LikeMe APP(s) on one mobile device. For a single license You will use/install LikeMe only in one outlet and if you intent to utilize LikeMe 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 VMT Product and Service other than right to use the same. Your right to use of our Product and Service is conditioned upon your timely payment of the full amount of Fees due for Product and Service and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the Product and Service also expire and you may no longer use the Product and Service.
Client will not make any unauthorized, false, misleading, or illegal statements in connection with this Agreement or regarding the Product and Service. Client will not make any representations or warranties concerning the Product and Service on behalf of VMT.
21) DISCLAIMER OF WARRANTY: i) This Product and 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. 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 right to use our Product and Service hereunder shall continue subject to payment of fees as prescribed by VMT, time to time or unless and until terminated pursuant to Clause (ii) hereof and subject to your 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 e-mail (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) Your 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. xix) You are strictly prohibited from installing any third-party software on our 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 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 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.
26) CONTENT 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.
27) 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 App, or use any information learned from LikeMe app 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.
28) 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.
29) 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.
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.
You shall be solely responsible for undertaking measures to: i) prevent any loss or damage to your website or server content; ii) maintain independent archival and backup copies of your website or server content; and iii) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. iv) 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: i) a repository or instrument for placing or storing archived files; and/or ii) 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. 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.
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.
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.
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Adventure Games | Air Hostess Training Institutes | Amusement Parks | Apparel, Clothes Fashion | Aviation Training Institutes | Ayurved Hospital | Ayurvedic And Herbal Products | Bakery And Cake Shop | Balloon Decorators | Bands | Bicycle | Bills And Recharge | Borewell Contractors | Building Construction Material | Bulk SMS Services | Call Centers And BPO | Car Accessories | Caterers | Chemicals Dyes | Cinema Halls | Civil Contractors | Common Service Centre CSC | Computer Training Institutes | Consultants | Contractors | Cosmetics | Crane Service | Daily Needs | Decorators | Doctors | Dry Fruits | Earth Mover Machinery | Education | Electrical Equipments | Electronics | Event Organizers | Fabricator | Fertilizers, Seeds And Plants | Fire Cracker | Food | Footwear | Furniture | Games And Sports | Gems, Jewellery | Gift Shop | Glass Dealers | Gym Equipments | Health And Medical | Home Appliances | Home Decor And Handloom | Homogeniser | Hospital Furniture | Hostels | Hotels | Ice Cream Parlour | Immigration | Independent Contractors And Freelance Workers | Industrial Machinery And Equipment | Industrial Plants And Machinery | Internet | Internet Website For Social Networking | Inverters And Batteries | Kitchen Accessories | Language Classes | Laundry Services | Leather Products And Accessories | Library | Luggage Bags | Malls | Marriage Beauro | Meat Shops | Media Advertising Services | Medical Laboratory Equipment | Modelling Agencies | Modular Kitchen | Movers And Packers | Musical Instrument | Packaging Material | Pharmaceutical | Photo Studios | Physiotherapist | Plastic Disposable | Poultry Farm | Printing | Products, Rental, Leasing And Services | Raincoat Dealers | Rent & Hire | Safety And Security | School | Scientific Instrument Dealers | Scrap Dealers | Security Agencies | Software And Information Technologies | Stationery | Surgical Items | Telecom Products And Equipment | Textiles and Yarn | Tiffin Service And Cloud Kitchen | Tourism And Hospitality Services | Travel | Tutorials | Utensils And Crockery | Vegetables And Fruits | Watches | Water Purifier And Supply | Wedding Requisites | Wine Retailers
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.
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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