Terms
and Conditions of Use - Mein Hoo Na (SMS Reminder Service)
ACCEPTANCE OF TERMS.
The services that Meinhoona.com provides to you are subject to the
following Terms of Use ("TOU"). We reserve the right to
update the TOU at any time without notice to you. The most current
version of the TOU can be reviewed by clicking on the "Terms
of Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Meinhoona reminds you birthdays, anniversaries and other important
dates of you and your loved ones through SMS. The Services, including
any updates, enhancements, new features, and/or the addition of
any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE
LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not 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 Services.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must
complete the registration process by providing us with current,
complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name.
You are entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You agree
to notify us immediately of any unauthorized use of your account
or any other breach of security. Meinhoona will not be liable for
any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. However,
you could be held liable for losses incurred by Meinhoona or another
party due to someone else using your account or password. You may
not use anyone else's account at any time, without the permission
of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the
Services for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair any
Meinhoona server, or the network(s) connected to any Meinhoona server,
or interfere with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or networks connected to any Meinhoona
server or to any of the Services, through hacking, password mining
or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available through the Services.
ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that Meinhoona shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Meinhoona has no
control over such sites and resources, you acknowledge and agree
that Meinhoona is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge
and agree that Meinhoona shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service without the express permission by Meinhoona.
MODIFICATIONS TO SERVICE
Meinhoona reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that Meinhoona
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Meinhoona’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contains
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Meinhoona or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software,
in whole or in part.
DISPUTES
All the disputes are subject to Jurisdiction of Jalandhar City,
Punjab.
REFUNDS
Once the subscription is paid, the same will not be refunded under
any circumstances. The subscription has validity of one year.
SUBSCRIPTION TO BE PAID IN ADVANCE
In order to avail the service you have to pay the subscription in
advance. The subscription can be paid by draft or by cheque payable
at Jalandhar. Further your account will be activated only after
clearing of draft or cheque. If a person comes personally and pay
cash than his account will be activated immediately.
RECORD OF DATES, MOBILE NUMBERS
AND OTHER PARTICULARS
Once you become a member of web site. You have to enter the dates
and other details of your and your loved ones on your own. In no
circumstances Meinhoona will record these dates in your members
account. Since our website is user friendly, we are quite hopeful
that you will be able to fill the data easily. Further still if
you feel any problem, and then call us.
USE OF THIRD PARTY SMS GATEWAY
We are using third party sms gateway to send SMS’es to the
members. We have taken full care that the SMS are delivered to you.
But there are certain circumstances, which are beyond our control.
In such a situation it is possible that SMS may not reach to you.
But such a situation is very rare. If for any reason, which is beyond
our control SMS is not reached to you than we are not responsible
for the same since we are dependant on third party.
LIMITATION OF NUMBER OF CHARACTERS
PER SMS (For Corporate Members Only)
The number of characters that can be entered in a SMS are 160 or
less for utilizing one credit. If you want to send lengthy message
with more than 160 characters than instead of one two sms credit
will be adjusted.
NO GUARANTEE OF DELIEVERY OF REMINDER
SMS
We provide no kind of guarantee to deliver reminder SMS if your
mobile phone is either Switched Off or Out of the Coverage Area.
Since we are using a third party's gateway to send SMS so there
may be some delay in delivery of the SMS which is beyond our reach.
REFERENCE NUMBER IS COMPULSORY IN
ORDER TO GET SMS CREDITS/REBATE/TO EARN COMMISSION
In order to get SMS credits/rebate in next year subscriptions/to
earn commission, the same will be given only if the person to whom
you have made reference has entered your reference number while
becoming a member. If he does not fill the reference number; no
credit will be given. So it is advised that if you give references
then at least call them and tell if he/she is interested in becoming
a member then fill your reference number at the registration form.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(a) Your use of the service is at your sole risk. The service is
provided on an "as is" and "as available" basis.
Meinhoona expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
(b) Meinhoona will make reasonable efforts to maintain the service,
however, Meinhoona is not responsible for any damage, loss of data,
customer information or vendor data, revenue, or other harm to business
arising out of delays, mis-delivery or non-delivery of information,
restriction or loss of access, bugs or other errors, unauthorized
use due to your sharing of access to the service, or other interaction
with the service. You are responsible for maintaining and backing-up
your data and information that may reside on the service. Meinhoona
does not warrant that
(i) the service will meet your specific requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service
will be accurate or reliable,
(iv) the quality of any products, services, information, or other
material purchased or obtained by you through the service will meet
your expectations, and
(v) Any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use
of the service is done at your own discretion and risk and that
you will be solely responsible for any damage to your computer system
or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained
through or from the service shall create any warranty not expressly
stated in the terms of use.
Limitation of liability
You expressly understand and agree that Meinhoona shall
not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses
(even if Meinhoona has been advised of the possibility of such damages),
resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from
the service;
(iii) unauthorized access to or alteration of your transmissions
or data;
(iv) statements or conduct of any third party on the service; or
(v) any other matter relating to the service.
GENERAL
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service. The TOS and the relationship between you and Meinhoona
shall be governed by the laws of the Meinhoona's place of business
without regard to its conflict of law provisions. The failure of
Meinhoona to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. The TOS
constitutes the entire agreement between you and Meinhoona and govern
your use of the Service, superceding any prior agreements between
you and Meinhoona (including, but not limited to, any prior versions
of the TOS). You also may be subject to additional terms and conditions
that may apply when you use affiliate or other Meinhoona services,
third-party content or third-party software. If any provision of
the TOS or incorporated documents are found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must be filed
within one (1) year after such claim or cause of action arose or
be forever barred.
TERMINATION
You agree that Meinhoona, in its sole discretion, may terminate
your password, account or use of the Service, and remove and discard
any content within the Service, for any reason, including without
limitation, if Meinhoona believes that you have violated or acted
inconsistently with the letter or spirit of the TOU. Meinhoona may
also, in its sole discretion and at any time, discontinue temporarily
or permanently providing the Service, or any part thereof, with
or without notice. You agree that any termination of access to the
Service under any provision of the TOU may be effected without notice,
and acknowledge and agree that Meinhoona may immediately deactivate
or delete your account and all related information and files in
your account and/or bar any further access to such files or the
Service UNLESS agreed in writing with Meinhoona. Nevertheless, where
possible, Meinhoona will use reasonable endeavors to give Members
fair notice of termination or suspension of their access to the
Service.
Further you agree that Meinhoona shall not be liable to you or any
third party for any termination or suspension of access to the Service
or modification of the Service.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, goods, products,
services or other materials ("Content") are the sole responsibility
of the person from which such Content originated. This means that
you, and not Meinhoona, are entirely responsible for all Content
that you upload, post, transmit or otherwise make available via
the Service. Meinhoona does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable
to you. Under no circumstances will Meinhoona be liable in any way
for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, transmitted
or otherwise made available via the Service. You acknowledge that
Meinhoona does not pre-screen Content, but that Meinhoona and its
designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, Meinhoona and its
designees shall have the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on
any Content created by Meinhoona or submitted to Meinhoona.
You acknowledge and agree that Meinhoona may preserve Content and
may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
or
(d) protect the rights, property, or personal safety of Meinhoona,
its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libellous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited
to, a Meinhoona official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
(d) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not
have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright, rights of privacy
or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam".
This includes unethical marketing, advertising, or any other practice
that is in any way connected with "spam", such as
(i) sending mass email to recipients who have not requested email
from you or with a fake return address,
(ii) promoting a site with inappropriate links, titles, descriptions,
or
(iii) promoting your site by posting multiple submissions in public
forums that are identical;
(h) upload, post or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local,
state, national or international law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual,
or promote any act of cruelty to animals;
(m) offer for sale or sell any item, good or service that
(i) violates any applicable federal, state, or local law or regulation,
(ii) you do not have full power and authority under all relevant
laws and regulations to offer and sell, including all necessary
licenses and authorizations, or
(iii) Meinhoona determines, in its sole discretion, is inappropriate
for sale through the Service provided by Meinhoona;
(n) exceed the scope of the Service that you have signed up for;
for example, accessing and using the tools that you do not have
a right to use, or deleting, adding to, or otherwise changing other
peoples comments or content as a Guest.
INDEMIFICATION
You agree to defend, indemnify and hold Meinhoona harmless from
and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
For anything we have not covered? Please
feel free to contact us anytime at 0181-2455778
For any other questions
please contact us
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