The following are the Terms and Conditions for the use of Timepl.com Service (“Timepl.com Service” or “the Service”) by the User (“user” or “client”). Any user availing this service shall invariably be bound by these Terms and Conditions.
IMPORTANT: In accordance to the Information Technology Act, 2000 (Government of India) and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the Timepl.com website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions then you may not use the Timepl.com website. The reasonable use of the Timepl.com website shall automatically bind the user to this agreement.
You may please note that user has to agree to all the Terms and Conditions relating to this service agreement, and that user consents to be bound by and becomes a party to this service agreement from the moment he/ she places Timepl.com’s products on a website or /and accesses any part of the Timepl.com service.
The User agrees that all the Terms and Conditions published here shall be binding. In case there are any contradictions between the product-specific terms and other conditions, as well as general Terms and Conditions, then the product-specific Terms and Conditions shall prevail.
DEFINITIONS AND INTERPRETATION
The Timepl.com website includes all of www.Timepl.com, including any page, part or element thereof, which is owned and operated by United Infotech.
1. THE SERVICE
The Service shall consist of the following: a browser interface, a Missed Call interface, a message interface, an SMS gateway access, data encryption, data transmission, and data access, data storage and, wherever applicable, the synchronization software.
The User shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Service, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Service.
All the specified fees are payable upfront, prior to services/campaigns being activated. Timepl.com will make no guarantees for the uninterrupted and continuous availability of the Service or of any specific feature(s) of the Service.
Timepl.com reserves the right to change or terminate the Service and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect. All the fees paid to Timepl.com when such termination occurs are addressed in detail in the sections below.
2. MISS CALL and/or IVR PHONE NUMBER AND DELIVERY OF MESSAGES
The Company shall not be responsible for any direct or indirect loss that may accrue to the user owing to non-availability of Timepl.com Services, or access to or use of the Company’s website, either due to any technical defect in the Timepl.com Phone Number(s) or in the Timepl.com System.
Messages will be considered as delivered when Timepl.com has delivered, or sent the messages to the immediate destination that Timepl.com’s software has been programmed to do, which includes SMTP servers, or Mobile telephone networks. In addition, any other intermediary server or API is also deemed to be the point of dispatch of the message. Timepl.com does not extend guarantee of delivery on behalf of the Mobile telephone networks of mail servers.
Timepl.com lays no claim to its network coverage. Although Timepl.com focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of Timepl.com or of its service providers’ networks. This may lead to messages not being delivered.
3. LICENCE TO USE PROPRIETARY SOFTWARE
Subject to the Terms and Conditions of this Service Agreement and Laws of the Union of India, Timepl.com grants the User an individual, personal, non-sub licensable, non-exclusive and non-transferable license (“the License”) for the use of its proprietary software and also /or application service, in object code form only, and only in strict accordance with the applicable end user documentation, if any, and only in conjunction with the Timepl.com Service Agreement. The User is not permitted, directly or indirectly, to reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the software; to modify, translate, or to create distinctive and derivative works based on the software/ application; or to copy (except for archival purposes), to rent, lease, to distribute, assign, or otherwise transfer rights to the software/application; to use the software/application for timesharing or service bureau purposes or otherwise to the benefit of a third party; or to remove any proprietary notices or label/s that identify Timepl.com products and/or services. As between the parties, the User will acknowledge that Timepl.com and its licensors retain ownership of all the propriety applications, software, intellectual property “IP” (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein. Upon the termination of this Service Agreement for any reason, this License will be terminated and the User shall destroy and cease using all the software and applications. This software is provided and the applications are offered, "AS IS" and are subject to the disclaimers of warranty and the limitations of liability as found in this service agreement and which is subject to testing by the client or the user before entering into this agreement.
4. USER ACCOUNT
To open an account for the usage of Service, it is essential that the User must complete the registration process by providing all current, complete and accurate information as will be prompted by the Registration Form. Entering inaccurate details will result in suspension. The User has to choose login name as his mobile number during registration through missed call. The user password will be sent to his email id or mobile phone that he had provided in the registration form. The User is to be entirely responsible for maintaining the confidentiality regarding his password and account information. In addition, the User will be entirely responsible for any and all activities that will occur under its account. Timepl.com will not be held liable and respond to any third party claims and or actions taken with respect to services offered.
The User agrees to notify Timepl.com immediately regarding any unauthorized use of its account or of any other breach of security.
5. MEMBER PRIVACY
It is the policy of Timepl.com to respect the privacy of the User. Timepl.com assures that it will not monitor, edit, or disclose any personal information about the User or about the User’s Timepl.com account, which will include all of its contents, without the User’s prior permission. However it will not apply if Timepl.com has a good faith and belief that such action is quite necessary to:
(1) Conform to the statutory and/or legal requirements or to comply with the legal process;
(2) Protect and defend the rights or property of Timepl.com;
(3) Enforce this Service Agreement or protect Timepl.com ‘s business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by Timepl.com;
(4) Respond to the request for identification in connection with the claim of copyright or trademark infringement by the User or to a claim by a third party that the User is using the Service in connection with an infringement, illegal or improper activity; or
(5) Act to protect the interests of the User or others.
Timepl.com ‘s service normally transmits its own brand name or gateway number as the Sender’s name for each of the messages that the end-user sends.
The User agrees that Timepl.com can access its account, including the contents, as stated above or to respond to the service or the technical issues.
The User hereby permits Timepl.com to send him communication via e-mail/SMS of any updates, upgrades, notices, or any other information that Timepl.com deems important for the user to know, relating to the service.
6. MEMBER OBLIGATIONS AND DUTIES
Timepl.com expressly prohibits any unauthorised commercial use of the Service. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations. User is solely responsible for all acts or omissions (that occur under its account or password), including responsibility for the content of any transmissions through the Service. Timepl.com provides by way of example, and not as a limitation, the stipulation that the User agrees not to:
A. Use the Service in any way connected to any chain letters, spam or any unsolicited activity (commercial or otherwise);
B. Harvest or otherwise collect, information about other users, including email addresses, without obtaining their consent;
C. Transmit through the Service, or associate with the Service or publish within the Service any unlawful, harassing, libelous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature;
D. Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;
E. Libel, defame or slander any person, or try to infringe upon any person’s privacy rights;
F. Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
G. Interfere with or disrupt the networks connected to the Service or violate the regulations, policies or procedures of such networks;
H. Attempt to gain unauthorised access to the Service, or to other accounts, computer systems or networks connected to the Service, by using password mining or by any other means;
I. Interfere with another User’s peaceful use and enjoyment of the Service or another entity’s peaceful use and enjoyment of similar services; or
J. Engage in any other activity that Timepl.com could believe may subject it to criminal liability or civil penalty or judgment.
8. FEES AND PAYMENT
A. In consideration for the use of Timepl.com’s services, the User agrees and shall pay to Timepl.com a sum called a transaction fee or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the prescribed and applicable rate then in effect. Timepl.com may, from time to time, and at its own discretion, offer limited time “Free Trial” or similar type or different promotions during which period no transaction fees or reduced transaction fees may apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this Agreement shall remain in full force and effect.
B. All fees are payable upfront. Upfront payment refers to payment that is made within a reasonable time so as to allow Timepl.com to add the SMS credits to the client’s account.
C. Payment shall be deemed to have been made, as soon as the fee is available in Timepl.com’s bank account.
D. Manner of payment – All products have the following payment options available–
· Credit / Debit Card via on-line payment gateway
· Cheque / Demand Draft / Cash deposit into our Bank Account
E. Credit Card Payment – If the User has elected to pay for the Service by credit card, and Timepl.com does not receive payment from the credit card issuer, the User agrees to pay all amounts due, immediately upon demand by Timepl.com. All amounts are pre-paid and the User agrees to the payment and to the Terms and Conditions of such payment whenever such payment is made. Timepl.com reserves the right to give its agreement to other payment arrangements on a case-by-case basis. (Agreements with the credit card issuer govern use of the User’s credit card, and the User must refer to that agreement to ascertain its rights and liabilities as a cardholder). The final purchase amount is the amount reflected on the Credit Card holder’s statement.
F. Cost Increase – The User acknowledges that Timepl.com is dependent on various telecommunication networks and institutions for the missed call and delivery of its messages and that Timepl.com may revise its prices and offerings for its products and services, should the prices be adjusted due to reasons, which are beyond Timepl.com’s control. Timepl.com undertakes to notify the clients and users of such adjustments in writing, prior to implementing such adjustments.
G. No refunds will be made in any case for any fees already collected like branding fees, licenses, monthly administration fees, and any other fee that the User may pay to Timepl.com.
9. TERMINATION, CANCELLATION, AND SUSPENSION
A. Modification of Terms – Timepl.com frequently updates, modifies, and otherwise continually makes efforts to improve all the Timepl.com services and products. Such changes often dictate that we simultaneously modify our Terms and Conditions of Use. Hence, Timepl.com shall have the right to modify any or all the terms of this Agreement and to change or drop any aspect or feature of the Timepl.com service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted shall be construed as the acceptance of any such changes. If the User is not agreeable to any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to read and review this Agreement from time to time and also to be aware of any such changes.
B. Termination, Cancellation and/or Suspension by Timepl.com – This Agreement and the license granted hereunder can be terminated, canceled and/or suspended by Timepl.com at any time if, in Timepl.com’s sole discretion, the User has breached the Terms of Service. Such termination, cancellation and/or suspension by Timepl.com shall come into effect immediately after giving notice by Timepl.com to the User in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, Timepl.com has the option to suspend, terminate and/or cancel this Agreement. In addition, Timepl.com has the right to recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. Timepl.com reserves the right to suspend the client’s service at any stage for any reason that it may deem necessary in order to continue to provide any of its services in a way that may be hindered by the Client’s status as being a Timepl.com client, or the financial status of the client or the content of the messages originating from the client.
C. In the event that Timepl.com has cause to receive complaints from recipients or third parties with respect to the use of the Service, Timepl.com additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.
D. Termination or Cancellation by the User – The User has the right and is free to terminate or cancel this Agreement at any time and for any reason. The User only has to intimate Timepl.com by sending an email of this intention. However, it is to be noted clearly that any sum or pre-paid credit amount remaining pending at the time of cancellation of this Agreement shall not be repaid to the User.
E. Obligations Upon Termination and/or Cancellation – Upon the termination, cancellation and/or suspension of this Service Agreement, the User remains responsible for any obligations that have been accrued including, but not limited to, payment of any costs or charges that may be arising in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. The payment and other obligations under this Service Agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of Timepl.com (in whole or in part) where the said suspension arises from the User’s failure to comply with, or violation of, the terms of this Service Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using Timepl.com and removes all the Timepl.com software and the applications on any computer, database, and the server (local or remote) in its possession or under its control. Timepl.com shall have no obligation whatsoever to the User after the termination or cancellation of this Service Agreement.
10. WARRANTIES OR LIABILITIES
A. While it is to be understood that Timepl.com will make all efforts to ensure that the service is reasonably available at all times, and will at all times endeavor to maintain connections to as many aggregators, gateways and Carriers as are, in its discretion, commercially viable and to make all upgrades to the Timepl.com API available to the User in a commercially reasonable and timely manner. The User acknowledges that Timepl.com cannot guarantee the availability of a Carrier’s NETWORK/ SMSC. The user expressly acknowledges and agrees that the use of the service is generally at its own risk and that Timepl.com’s service is being provided “AS IS” and “AS AVAILABLE” without any warranties or conditions whatsoever, express or implied. Timepl.com will use commercially reasonable efforts to make the access to its services always available to the user through the required access protocols, but makes no warranty or guarantee that the user will be able to access Timepl.com at any particular time or any particular location.
B. Timepl.com (which also includes its owners, employees, suppliers, internet service providers, partners, affiliates and agents) shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of the service and the internet generally, as well as access to the Timepl.com website, the access to websites linked to the Timepl.com website, any inability to access the Timepl.com website; the inability to access websites linked to the Timepl.com website, any content available on the Timepl.com website, any or all services available from the Timepl.com website, any or all products available from the Timepl.com website, any downloads and use of content from the Timepl.com website, and/or any other reason which is not directly related to Timepl.com’s gross negligence.
C. The information, ideas and opinions expressed on the Timepl.com website should not be regarded as professional advice or the official opinion of Timepl.com, and Users are strongly encouraged to consult professional advice before taking on any course of action that is related to the information, ideas or opinions expressed on the Timepl.com website.
D. Timepl.com does not make any warranties or representations that the Timepl.com website shall be available at all times. Users acknowledge that the Timepl.com website may be unavailable due to updates or other causes beyond the reasonable control of Timepl.com, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.
E. Timepl.com does not make any warranties or representation that the content and the services available from the Timepl.com website shall in all cases be true, correct or free from any errors. Timepl.com shall take all reasonable steps to ensure that the quality and accuracy of content is available from the Timepl.com website.
F. Timepl.com and its affiliates, agents, content providers, service providers, and licensors –
a) Hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for any or all particular purposes of Timepl.com generally, and that any content or services contained therein, as well as all the express and implied warranties that the operation of Timepl.com is generally and that any content or services contained therein will be uninterrupted or error-free.
b) Shall in no event be held liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by the failures, delays or interruptions of the service generally, and any aspect ancillary thereto; (the user agrees to indemnify Timepl.com for any and all third party claims arising from any such or of the failures, delays or interruptions in connection with regard to use of the service).
G. Without in any way limiting the foregoing, Timepl.com shall in no event have (in the aggregate) any liability whatsoever in connection with this agreement in excess of an amount that is equal to twice the lowest monthly transaction fee applicable to such account and /or claim in effect for the monthly period immediately preceding the date of the first claim made by the user and/or the user alleging liability.
H. High risk activities – The Timepl.com service is not fault-tolerant and is not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, including but not limited to use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Timepl.com could lead directly to death, personal injury, or to severe physical or environmental damage (“high risk activities”). In addition to all the other disclaimers and limitations contained within this agreement, Timepl.com and its affiliates, agents, content providers, service providers and licensors specifically disclaim any express or implied warranty of fitness for high risk activities which may also include emergency notification services.
11. THIRD PARTY BENEFICIARIES
Notwithstanding anything to the contrary contained herein, the provisions for the ” Warranties and Liabilities” set forth in Section 10 herein are for the benefit of Timepl.com and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.
The User agrees to indemnify, hold harmless, and defend Timepl.com and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, all costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys’ fees and disbursements) arising from or relating to (i) the use of the Service in any manner which violates the terms of this Service Agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defence of any claim. Timepl.com reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any of the provisions of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise continue to remain in full force and effect and is enforceable.
In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to one gender includes the other genders.
This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Union of India.
No agency, partnership, joint venture, or employment is said to be created as a result of this Service Agreement and the User does not have any authority of any kind to bind Timepl.com in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover all the costs and attorneys’ fees.
All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
These Terms and Conditions constitute the whole agreement between Timepl.com and the User and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
14. Timepl.com API SPECIFIC TERMS & CONDITIONS
Timepl.com offers the facility for individuals or businesses to connect to its server in order to facilitate Missed Call details / text messaging directly to Timepl.com’s Gateway. These terms do not exclude the foregoing terms in this agreement.
a) For availing the API connectivity, the Client needs to fill the details in a separate form, specifying what IP Address range the messages will be posted from.
b) Timepl.com reserves the right to approve clients and API connections at its sole discretion.
c) Timepl.com encourages the use and publicity of anti-spam policies.
d) The client will be supplied with a unique login and password. This will ensure that the connection is at all times secure from Timepl.com’s side. Security measures over and above this will be the client’s responsibility.
e) Although Timepl.com will provide API connection specifications and will attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without Timepl.com informing the client that it has changed. It is the client’s sole responsibility to test the specifications thoroughly on a regular basis, since Timepl.com will not accept responsibility for any specifications that may be incorrect or incomplete.
15. USE OF SITE
Timepl.com licenses the User to view, download, save and print the content of the Timepl.com website, provided that such content is to be used for private, personal, educational and/or non-commercial purposes only or to view, download, save and print this agreement for legal and/or evidential purposes.
Content from the Timepl.com website may not be used or exploited by Users for any commercial and non-private purposes without the express and prior written consent of Timepl.com.
Users are advised to only access, browse and use the Timepl.com website for legitimate personal or commercial purposes and they may not use the Timepl.com website or any Timepl.com services and/or products for –
· Harmful purposes
· Illegal purposes
· Disclosing, sharing or publishing material that may be considered to be offensive, defamatory, restricted, prohibited, infringing or damaging to any person; and/or
· The creation, storage and sending of unsolicited commercial communications.
If any User uses content from the Timepl.com website in the breach of the provisions detailed herein –
· Timepl.com reserves the right to claim damages from the User
· Timepl.com reserves the right to institute criminal proceedings against the User; and
· Timepl.com shall not be liable, in any manner whatsoever for any damage, loss or liability that may result from the use of such content by the User or by any third party who has obtained any content from the User.
Hyperlinks to the Timepl.com website from any other source shall be directed to the home page of the Timepl.com website. Links beyond the Timepl.com home page may only be used with Timepl.com’s prior written consent and permission.
Timepl.com shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of content, products or services available from the Timepl.com website and if such content, products or services was accessed through a hyperlink not directed at the home page of the Timepl.com website. Persons that wish to link to pages beyond the home page of the Timepl.com website without Timepl.com’s prior written consent shall do so at their own risk and indemnify Timepl.com against any loss, liability or damage that may result from the use of such hyperlinks. Timepl.com’s non-liability for deep linking is based on the fact that deep links bypass these Terms and Conditions.
Users may quote small and reasonable amounts of content available from the Timepl.com website and only if such a quote is placed in inverted commas and the source is acknowledged.
No person may, without the prior written consent and permission of Timepl.com, frame the Timepl.com website in any manner whatsoever.
Apart from bona-fide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Timepl.com website for any purpose whatsoever, without the prior written consent of Timepl.com.
E-mail addresses, names, telephone numbers and fax numbers published on the Timepl.com website cannot be incorporated into any database, used for electronic marketing or similar purposes. No permission is given or is implied that the information on the Timepl.com website may be used to communicate unsolicited communications to Timepl.com.
All the licenses and/or permissions that are granted in terms of this section are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Timepl.com at any time without prior notice or giving any reasons.
16. CODE OF CONDUCT
Timepl.com may provide hyperlinks to websites not controlled by Timepl.com (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites. Timepl.com does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, or the inability to access, or the use, inability to use or content available on or through target sites
Timepl.com shall take all reasonable steps to secure the content of the Timepl.com website and to secure the information provided by and collected from Users to prevent unauthorised access and/or disclosure. However, Timepl.com does not make any warranty or representation that the said content shall be 100% safe or secure.
Timepl.com is under no legal duty to encrypt any of the content or communications from and to Users and is also under no legal duty to provide the digital authentication of any pages on the Timepl.com website.
Users are not permitted under any circumstance to deliver or attempt to deliver, whether deliberately or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Timepl.com website or the server and computer network that supports the Timepl.com website.
Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Timepl.com website, whether deliberately or negligently, shall, without any limitation, indemnify and hold Timepl.com harmless against any and all liabilities, damages, risks and losses that Timepl.com and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.
Users are not permitted to develop, distribute or use any device or programme designed to breach or to overcome the security measures of the restricted pages, the products and the services on the Timepl.com website. Timepl.com reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
Users who commit any of the above offences shall, notwithstanding criminal prosecution, be held liable for all resulting liabilities, losses, destruction or damages that may be suffered and/or incurred by Timepl.com and its partners/affiliates as a consequence or related to these illegal actions.