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Terms AND Conditions

The following sets forth the terms of use (also known as the "Terms") for this Web site operated by VMC Technologies Private Limited and located at http://www.mcube.com. By using this site (the Site), you (you or the End User) agree to the terms and conditions that we have provided. If you do not wish to agree to these terms and conditions (the Terms of Use or Agreement), please do not use the Site. This agreement supersedes any previous statement and policies. Throughout these Terms, the word "Site" is used to refer to http://www.mcube.com. VMC Technologies may modify, alter or update these Terms at any time without prior notice, and your subsequent use of the Site shall constitute your consent to the modification, alteration or update.

TERMS OF USE

1 General.

Permitted Use of the Site and Service; Content

The Site is an cloud telephony service with online presence and a mobile application operated by VMC Technologies Pvt. Ltd. (VMC) on the Internet, consisting of information, content and transaction capabilities facilitated through http://www.mcube.com and telecom companies offering telephony solutions and capabilities over the software that is proprietary technology of VMC.

This agreement sets forth the terms and conditions that apply to the use of this site by the end user. By using this Site (other than to reading this agreement), end user agrees to comply with all of the terms and conditions hereof. User shall be responsible for protecting the confidentiality of his/her password(s), if any.

End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of VMC, and VMC shall not be responsible for any data lost while transmitting information on the Internet. While it is VMCs objective is to make the Site accessible 24/7, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. User understands and acknowledges that due to circumstances both within and outside of the control of VMC, access to the Site and service may be interrupted, suspended or terminated from time to time.

End User acknowledges that, the telephone network through which the service is utilized are provided by the telecom vendors and the interruptions of such lines may happen from time to time, beyond control of VMC. VMC will work with the vendors to rectify the problems as soon as possible, however VMC cannot be held liable for such failures. User understands and acknowledges that due to circumstances both within and outside of the control of VMC, access to the telephone lines may be interrupted, suspended or terminated from time to time.

This Site and software with it are provided as on an "as is" basis by VMC as a service for the convenience of its users. The site, mobile application and domain(s) and any sub domain(s), software, hardware associated with it and are copyrights, trademarks and proprietary technologies are the sole property of VMC Technologies Private Limited.

VMC shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, VMC may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

You must be at least 18 years old to be eligible to use the Site. No one under the age of 18 years may use this site.

You are permitted to access the Site, the Service and the Content provided by VMC (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) solely for the purpose of receiving information about VMC business and products, purchasing and utilizing the Service, communicating with VMC or otherwise as stated on the Site.

You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of VMC. All copyrights, trademarks, trade secrets and other proprietary rights contained within the Site are the sole property of VMC and/or its licensors, each of whom reserves all rights with regard to such materials.

Should you choose to use this site any further you agree not to utilize any portion of this site or associated sercvices for illegal or inappropriate purposes. VMC reserves the right to terminate services offered at any time and for any reason. VMC shall also have no responsibility or liability for any content created or posted by you or other third parties within or outside of the accounts you access.

2. Right to Modify Terms

VMC reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site for any substantial changes made by us. Any changes to these Terms of Use will be effective immediately on our Site. We suggest to you, therefore, that you read this important notice containing our Terms of Use and Privacy Policy often in order to stay informed as to any such changes. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

3. Equipment

End User shall be responsible for obtaining all hardware, software and internet access needed for access to and use of this Site and associated services and all charges related thereto. VMC shall not be liable for any damages to the End Users resources and equipments resulting from the use of this Site.

4. End User Conduct

This Site and any other sites hereinafter contained within or otherwise available through external hyperlinks with our Site are private property. All interactions on this Site must comply with these Terms of Use. We welcome and encourage user interaction on our Site, however we do insist and require that all end users activity in connection with the use of this Site to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. End User shall not use this Site or associated services to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with VMC.

End User understands the legalities of any campaigns run through the VMCs MCube system including but not limited to DNC Registry. For more information the End User agrees familiarize themselves with TRAI regulations.

End User agrees to provide legal contact information in any outbound campaign within the initial greeting message.

  • End User agrees to provide own sound files or take ownership of sound files for all outbound campaigns.
  • End User agrees to not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
  • End User agrees to use DNC available via VMC.
  • End User agrees to consult with an attorney before dialing any data for which customer is unfamiliar and takes ownership of all communications sent by the End User.

End User acknowledges and agrees to be held liable for any and all damages caused to VMC by End User, its officers, agents and/or employees, as a direct result of a violation in TRAI or any other regulations.

The provisions of this Section apply equally to and are for the benefit of VMC and its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Copyright and Trademarks

Everything located on this Site, is the exclusive property of VMC or used with express permission of the partner vendors. This Site contains trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics. End User may download, print, and/or save copyrighted material for End Users personal use only. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.

End User shall not upload, post or otherwise make available on this Site any material protected by trademark, copyright, or other proprietary right without the express permission of the owner of information. VMC does not have any responsibility to provide End User with indications that may aid End User in determining whether the material in question is proprietary, copyrighted or trademarked. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted VMC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form.

The provisions of this Section apply equally to and are for the benefit of VMC and its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

By posting communications on or through public area of this Site, End User shall be deemed to have granted to Metrix a royalty-free, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform.

6. Warranty

VMC makes no warranties, express or implied, with regard to the Site or the Service, their operation, or your use of the Site or Service, including but not limited to warranties of merchantability or fitness for a particular purpose. End user expressly agrees that use of this site is at end users own risk. Neither VMC nor its affiliates, directors, employees, agents, third party content providers warrant that this site or services will never be interrupted. VMC does not make any warranty of the results or content of the website.

VMC makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site, software or the Service, the Internet, the telephone network through which the Service is utilized, or other technology utilized to access the Site or the Service, nor does it warrant that the Site or Service shall be free of computer viruses or other malicious content.

While VMC Makes use of various technologies to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Service.

This site and VMC Services are accessible on an "AS IS" and "AS AVAILABLE" conditions.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL VMC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY KIND OF DAMAGES ARISING OUT OF THIS AGREEMENT OR USAGE OF THIS SITE AND VMC SERVICES. IN NO EVENT WILL VMC LIABILITY EXCEED THE AMOUNT PAID FOR PRODUCTS ON THE SITE OR THE SERVICES DURING THE PAST THREE MONTHS.

8. Monitoring

VMC shall have the right, to monitor the content and usage of the Site at all times, including any chat rooms and forums that may be included as part of the Site. VMC shall have the right to remove any material in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. Privacy

End User acknowledges that all data, discussions, comments or other messages may be read by others without End Users knowledge. VMC specifically disclaims any liability concerning the communities and any actions resulting from End Users anywhere on its website.

9.1 Newsletter Email or promotions

By using the Site and Service any email addresses or phone numbers submitted for a new account for use of the Service are automatically added to the VMC newsletter and other promotional purposes. To permanently unsubscribe to any VMC newsletter or promotions email support@vmc.in

10 Payments

Your use of the Services is contingent on your paying in advance for such use, in the amounts and using the payment methods available on site or contacting a VMC agent to pay by any other method. VMC will charge your indicated method of payment immediately upon your confirming the payment method and amount. All Payments will include sales and other taxes where applicable. You are responsible for any additional taxes or fees beyond those collected by VMC.

VMC shall not be responsible for any errors or transmission failures with regard to the payments from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge).

Funds added to your account are converted are added to your account balance available for all services. Any balance will expire 12 months after the aforementioned date. Any unused value shall be forfeited upon expiration. All prices, per-minute rates, and billing increments are subject to change at any time due

For any questions send mail to support@vmc.in

10.1 Test Calls

Standard charges apply to any test call sent originating from your account or initiated using your API key.

11 Indemnification/Release

End User agrees to defend, indemnify and hold harmless VMC its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys fees, arising out of or related to any products or services purchased by End User in connection with the Site.

12 Termination

VMC may terminate this Agreement, account at any time. Without limiting the foregoing, The provisions of Sections will survive termination of this Agreement.

13 Trademarks

This website and the materials on it (including, without limitations, text and images) are protected by trademark and other intellectual property rights and laws. The material on this site are owned by VMC Technologies Private Limited (VMC) or licensed to VMC for its usage. You are permitted to display the materials on this site on a computer screen or to download and print a hard copy of any material at no cost to you for your personal use provided you do not remove any copyright, trademark or other property notices.

14 Miscellaneous

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

15 Arbitration

By using the Site mcube.com, End User agrees that: any claim, dispute, or controversy End User may have against VMC arising out of, relating to, or connected in any way with this Agreement, shall be governed by and construed in accordance with the laws and regulations of the Republic of India. Any dispute, controversy or claim arising out of or related to this agreement not settled amicably between parties shall be submitted to an arbitration panel for final and binding decision in accordance with the rules and procedures of the laws of India. The arbitration shall be conducted in English language at the location as may be mutually agreed upon by End User and VMC within Republic of India.

 
 
 
 
 
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