Terms And Conditions
1.0 ACCEPTANCE OF TERM
iCabMedia’s website and its mobile application is a service platform to view digital videos/images via the mobile application installed in our partner cabs using a mobile device supporting the mobile app.
Through the website/mobile application and its services we at iCabMedia will provide you ("User") to play digital videos/digital images via the mobile application which will be controlled by us via our server.
This User Agreement ("Agreement") sets out the terms and conditions on which iCabMedia shall provide the Services to the User through the mobile application. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by iCabMedia periodically. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
Use of the website/mobile application is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the website/mobile application from time to time. For the removal of doubts, it is clarified that use of the website/mobile application by the User constitutes an acknowledgment and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must NOT use the website/mobile application and its services.
2.0 MODIFICATIONS OF TERMS
iCabMedia reserves the right to change the terms & conditions and any such notices under which the Services are offered through the website/mobile application, including but not limited to the charges for the Services provided through the website/mobile application. The User shall be responsible for regularly reviewing these terms and conditions.
4.0 LIMITED USER
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the website/mobile application is not for commercial use but is specifically meant for personal use by the user only.
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website/mobile application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website/mobile application is NOT permitted.
5.0 DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
iCabMedia has endeavored to ensure that all the information on the website/mobile application is correct, but iCabMedia neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained.
Although iCabMedia makes reasonable efforts to ensure that the description and content in the TOS and on each page of the website/mobile application is correct and accurate, but it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein.
In no event shall iCabMedia be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services;
(c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website/mobile application. Neither shall iCabMedia be responsible for the delay or inability to use the website/mobile application or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website/mobile application, or otherwise arising out of the use of the website/mobile application, whether based on contract, tort, negligence, strict liability or otherwise. Further, iCabMedia shall not be held responsible for non-availability of the website/mobile application during periodic maintenance operations or any unplanned suspension of access to the website/mobile application that may occur due to technical reasons or for any reason beyond iCabMedia’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website/mobile application is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems/hardware devices or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of iCabMedia arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
6.0 LINKS TO THIRD PARTY SITES
The website/mobile application may contain link(s) to other website/mobile application(s). These site(s) and it links are not under the control of iCabMedia or the website/mobile application and iCabMedia is NOT responsible for the contents of any site(s), including without limitation any link contained in a site(s), or any changes or updates to a site(s). iCabMedia is NOT responsible for any form of transmission, whatsoever, received by the User from any such site(s). iCabMedia is providing these links to the User only as a convenience and a part of the service and the inclusion of any link does NOT imply endorsement by iCabMedia or the website/mobile application of the site(s) or any association with its operators or owners including the legal heirs or assigns thereof.
iCabMedia is NOT responsible for any errors, omissions or representations on any such sites. iCabMedia does not endorse any advertisers information/service offerings on any such sites in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
7.0 PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the website/mobile application and its Services, the User warrants that they will not use the website/mobile application for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the website/mobile application shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the website/mobile application. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the website/mobile application.
8.0 USE OF COMMUNICATION SERVICES
The website/mobile application may contain services such as email, chat, bulletin board services, messages, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
iCabMedia has no obligation to monitor the Communication Services. However, iCabMedia reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. iCabMedia reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
iCabMedia reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in iCabMedia's sole discretion.
iCabMedia does not control or endorse the content, messages or information found in any communication service and, therefore, iCabMedia specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
9.0 TERMINATION/ACCESS RESTRICTION
iCabMedia reserves the right, in its sole discretion, to terminate the access to the website/mobile application and the related services or any portion thereof at any time, without any prior notice.
10.0 USER'S OBLIGATIONS AND USER ACCOUNT
In consideration of use of the website/mobile application, the User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from using the website/mobile application and/or receiving the Services under the laws of its country or other applicable law where he/she will be accessing the website/mobile application and its services.
To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipment’s including a computer/mobile device and internet connection etc. to access the website/mobile application/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
The user also understands that the services may include certain communications from iCabMedia as service and some announcements and administrative messages as well. The user understands and agrees that the services are provided on an "as is" basis and that iCabMedia does not assume any responsibility for deletions, miss-delivery or failure to store any user communications or personalized settings.
Registration of the User on the website/mobile application is optional. If the User opts to register himself/herself on the website/mobile application, upon completion of the registration process, the User shall receive a user id and password confirmation. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one way encrypted form to our database and stored as such. Thus the Password will not be known even to iCabMedia. You confirm that you are the authorized holder of the original account used in and for the information you enter for using iCabMedia website/mobile application and its services. iCabMedia will NOT be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/account details for using iCabMedia and its services.
The user also agrees and undertakes to immediately notify iCabMedia of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the website/mobile application. iCabMedia shall NOT be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself/herself and his beneficiaries as prompted by the registration form on the website/mobile application; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, incomplete or not correct, iCabMedia has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not correct, iCabMedia has the right to suspend or terminate the User's registration and refuse any and all current or future use of the website/mobile application and/or any of its Service.
Furthermore, the User grants iCabMedia the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
Without prejudice to the other remedies available to iCabMedia under this agreement, the TOS or under applicable law, iCabMedia may limit the user's activity, or warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website/mobile application if:
(a) the user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
(b) iCabMedia is unable to verify or authenticate any information provided by the user; or
(c) iCabMedia believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website/mobile application and/or iCabMedia.
iCabMedia may at any time in its sole discretion reinstate suspended users once the user have been indefinitely suspended the user may not register or attempt to register with iCabMedia or use the website/mobile application and its services in any manner whatsoever until such time that the user is reinstated by iCabMedia not withstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, iCabMedia reserves the right to recover any amounts due and owing by the user to iCabMedia and/or the service provider and to take strict legal action as iCabMedia deems necessary.
12.0 PROPRIETARY RIGHTS
iCabMedia may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by iCabMedia and shall NOT copy, transmit or create derivative works of such material without express authorization from iCabMedia and/or its Partners.
The User acknowledges and agrees that they shall not upload or post, reproduce or distribute any content on or through the website/mobile application that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the website/mobile application with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the website/mobile application by the User contained herein or any other section or pages of the website/mobile application and/or the Linked Sites, shall be deemed to constitute a partnership between the User and iCabMedia and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the website/mobile application, the User authorizes iCabMedia and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed iCabMedia and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the website/mobile application by the User contained herein or any other section or pages of the website/mobile application or any Linked Sites in any manner whatsoever.
15.0 INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
The User agrees to indemnify, defend and hold harmless iCabMedia from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by iCabMedia that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceable shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
18.0 TERMINATION OF AGREEMENT AND SERVICES
Either the User or iCabMedia may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
The User agrees that iCabMedia may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the website/mobile application/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
This Agreement may be terminated by either the User or iCabMedia through a written notice to either party. iCabMedia shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the website/mobile application/Service; and (b) notify iCabMedia of such discontinuance.
Upon termination of the Service, User's right to use the website/mobile application/Services and software shall immediately cease. The User shall have NO right and iCabMedia shall have NO obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, canceled or suspended, any data that the User has stored on the website/mobile application may not be retrieved later.
All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile/electronic means (with acknowledgment of complete transmission) to the following address:
If during any instance or situation iCabMedia was unable to provide Notices to via the above methods, you as a User are responsible to visit our website/mobile application periodically to find the updated information regarding such notices.
20.0 GOVERNING LAW