Paid Credits shall mean such credits as are purchased by You. With paid credits, You can avail of all the services within MoCoLife
Free Credits shall mean such credits as are earned by You at the time of registration or by referring Your friends to register on MoCoLife's site. On every successful registration done by Your friend, You too would gets Free credits.
Promotional Offers shall mean all such offers that would be made to the user for all services that are being offered hereunder. The offers would be in the nature of earning free credits, downloading free ringtones and such others.
You, as a User, are required to collect / purchase credits to avail any service within MoCoLife. MoCoLife is a web to mobile interface through which registered users can
For registering on MoCoLife, You are expected to follow the below mentioned steps:
a. You are required to fill out an on-line registration form on the MoCoLife website by giving information such as name, address, telephone and fax number, email address, details of Your business / occupation to become a registered user of MoCoLife
b. You should be 18 years of age or above at the time of registration.
c. You should be able to understand and comprehend English language.
d. You agree to comply with all local, state, provincial, country and/or regional laws that may be applicable to Your use of the Internet and Your membership to MoCoLife.
e. You, as a user, can either be an individual or any business entity / organization that legally operates in India or any other country, uses and / or has the right to use the Services provided by TIL at MoCoLife. The Services under MoCoLife are available only to those individuals / companies / entities who can enter into legally binding contracts with TIL under the relevant / applicable laws.
f. TIL assumes that all information provided by You is correct and/or true. TIL has the right to verify the information provided by You. If any information provided by You changes, You must immediately update Your profile by logging on to MoCoLife.
g. You as a registered user will be assigned a user alias ( User ID ) and password ( Password ) for log-in access to Your Account.
h. Notwithstanding the above, TIL may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User at its sole discretion.
i By becoming a Registered User, You consent to the inclusion of Your personal data in TIL's Database.
j You as a User should mandatorily access Your account atleast once every ninety (90) days. Failure to do so may result in TIL, at its sole discretion, disabling Your account.
k. TIL may refuse service, restrict, suspend or terminate Your Account at any time, at its sole discretion by giving not less than 24-hours notice provided, however, that notice is not required for such termination if:
(a) in TIL's judgment, there is any breach of the provisions of Terms of Use by the Registered User; or
(b) TIL has reasonable grounds to infer that any information provided by You is untrue, inaccurate or is not current or is incomplete, or
(c) TIL believes that Your actions may cause financial loss or legal liability to TIL and/or its affiliates, directors, employees, etc.
l. A Registered User being a business entity / corporation/ legal entity, represents that
(a) You have the requisite authority to enter and bind the respective entity to the Terms of Use;
(b) The address You use when registering is the principal place of business of such business entity; and
(c) All other information submitted to TIL during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
m. You, as a Registered User, may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of TIL. In addition, You are entirely responsible for maintaining the confidentiality of Your Account, User ID and / or Password. TIL may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Clause and block access to all users from that IP address, immediately without notice. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify TIL immediately of any unauthorized use of Your account or any other breach of security. TIL will not be liable for any loss that You may incur as a result of someone else using Your password or account. However, You could be held liable for losses incurred by TIL or another party due to someone else using Your account or password. Further, You are completely responsible and/or liable and TIL and/or MoCoLife will not be responsible and/or liable for any message which is incorrect, vulgar, unwanted and which is sent from Your Account or which is received by You from the MoCoLife website.
n. TIL and/or MoCoLife will not be responsible, in any manner whatsoever, for any delay in delivery or non delivery of the content being sent and/or by received by You to or from any other mobile number(s).
o. You MUST provide correct/true information about Your profile.
p. MoCoLife also reserves the right to block Your messages if it finds any unsolicited material is found being sent from Your ID. TIL shall not be liable for any damages alleged by any third party in respect of such unauthorized use of the Service by You.
q. You agree not to abuse Service privileges by any conduct on Your part which is detrimental or shall prove to be detrimental to the interests of TIL, MoCoLife including, without limitation, attempting to earn money in a manner inconsistent with the rules of the Service, as envisaged herein.
r. By filling out the registration form You are applying to receive a service and You are also agreeing to receive advertisements on Your mobile phone, which may be sent to You. No employee-employer relationship is created by Your use of MoCoLife and its services. MoCoLife is under no obligation to offer its services to You.
s. During sign-up, You will be asked to provide Your mobile number. A code will be sent in an SMS format to the mobile number that You typed in for verification purposes. It is mandatory that the number provided is indeed Your number. MoCoLife is not responsible if the mobile number entered by You belongs to someone other than You. You shall be personally liable in case TIL and/or MoCoLife are made parties to a legal dispute involving incorrect mobile number provided by You to MoCoLife.
6. MEMBERS CONDUCT
a. You agree to only use the Service in a manner that is consistent with the Terms and in such a way as to ensure compliance with all applicable laws and regulations.
b. You shall ensure that Your personal profile is up-to-date and accurate. You agree to promptly notify us of any change in Your address (mail or email), mobile number or personal profile by updating Your personal information at the MoCoLife website.
c. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
a. MoCoLife may terminate Your membership at any time immediately with or without cause and/or notice. MoCoLife reserves with it, the right to terminate this alliance / subscription/ membership with or without prior notice.
b. Upon any such termination or suspension, Your right to use TIL's website MoCoLife shall immediately cease.
c. If TIL reasonably believes that an account, mobile number and/or Password is being misused in any manner as clarified below, it reserves the right to suspend, or terminate the Service and user accounts, prohibit access to the website MoCoLife, remove hosted content, and take technical and legal steps to block such users from MoCoLife.
e. You hereby agree to comply with all the laws, rules, and regulations that are applicable to You as a User. You acknowledge that You shall only be entitled to the Service if and to the extent that such entitlement is permitted by such laws, rules, and regulations. MoCoLife reserves with it the right to refuse enrollment to You, or to restrict, modify, or terminate Your entitlement to the Service, without liability to You or to any other party, if You violate any law, rule, or regulation, or if Your entitlement to the Service violates any law, rule, or regulation.
f. MoCoLife reserves the right to terminate or disable, at its sole discretion, any Service membership if it is of the belief that You have violated or acted inconsistently with these Terms of Use.
g. MoCoLife shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership shall be final and binding. Should You object to any of the Terms of Use, or any subsequent modifications thereto, or become dissatisfied with the Service, Your only recourse is to immediately discontinue participation in the website and properly terminate Your membership.
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. MoCoLife, TIL and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim 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. MoCoLife, TIL and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet Your 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 or through the Service advertisers or partners will meet Your expectations.
c. Any material downloaded or otherwise obtained through the use of the Service is accessed by You at Your sole own discretion and risk, and You will alone be 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 by You from MoCoLife or through or from the Service shall create any warranty not expressly stated in the Terms of Use.
e. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If You, or anyone in Your family, have an epileptic condition, consult Your physician prior to using the service. Immediately discontinue use of the service and consult Your physician if You experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
a. TIL shall not be liable for any special indirect, punitive, incidental, special, or consequential damages relating to the participation or inability to participate in the Service.
b. TIL is not responsible for damages or losses that result from participating or inability to participate in the Service, or reliance on or use of information, services, or merchandise provided on or through the Service.
c. You acknowledge and agree that TIL neither endorses the content of advertisements or third parties' web content, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
d. To the maximum extent allowed by applicable law, neither MoCoLife nor any of its parents, members, subsidiaries, service providers, licensors, officers, directors or employees shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the Terms of Use, resulting from the use or the inability to use the Service or resulting from any services purchased or obtained or messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if such party has been advised of the possibility of such damages.
e. Under no circumstances shall TIL be held liable for any delay or failure or disruption of the content or services delivered through the MoCoLife resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
f. TIL or its directors / officers / employees / affiliated companies will in no way be responsible for circumstances beyond its control, which hinder Your access to the Service.
a. You acknowledge that Service content (including but not limited to text, sound, photographs, graphics, or other material contained in any Service communication, advertisements, or messages, whether by MoCoLife or MoCoLife's advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use such content, Service, or software as expressly authorized by MoCoLife, its advertisers and partners, as the case may be.
b. Except as expressly authorized by MoCoLife 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.
a. MoCoLife reserves the right to change these Terms of Use document and in that case, You will be informed by an email account provided by You in your profile. However, it is also Your responsibility to check this document periodically for any changes or modifications and You must not rely on e-mails as a sole source of information regarding the Terms of Use or Your membership. Your continued use of MoCoLife constitutes an affirmative acknowledgement by You of the Terms of Use and any subsequent modifications made to it and Your agreement to abide and be bound by the Terms of Use document in its modified form.
b. MoCoLife reserves the right to modify some or all its functional features or discontinue the Service with or without notice to You. MoCoLife shall not be liable to You or any third party should we exercise our right to modify or discontinue the Service.
13. COMMUNICATION
All correspondence will be sent via email, postal mail or by general posting on mobilecs@indiatimes.co.in.
Each User hereby agrees to indemnify and save TIL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the MoCoLife (including but not limited to the display of such User's information on the MoCoLife) or from its breach of any of the Terms of Use mentioned herein. Each User hereby further agrees to indemnify and save TIL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to TIL, hereinabove. Each User hereby further agrees to indemnify and save TIL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party claimants or other third parties relating to content and Service offered or displayed on the MoCoLife.
TIL shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
a. the use or the inability to use MoCoLife (whether due to disruption, limited access, changes to or termination of any features on the MoCoLife or otherwise) for any interruption, delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use MoCoLife;
b. any shortcoming / error with respect to any information or Services purchased or obtained from a User or a third-party content provider through MoCoLife;
c. unauthorized access by third parties to data or private information of any User;
d. statements or conduct of any User of the MoCoLife; or
e. authenticity, availability, suitability, reliability, accuracy of the information, software, Services, content, etc;
If You want MoCoLife to cease sending advertisements to You, You must select the opt-out option provided on www.mocolife.com or cancel Your MoCoLife membership account.
16. REPRESENTATIONS & WARRANTIES
A. Each User hereby represents, warrants and agrees to
(a) Provide TIL with true, accurate, current and complete information to be displayed on MoCoLife (including personal information); ;
(b) Maintain and promptly amend all information to keep it true, accurate, current and complete;
B. While using MoCoLife, each user represents, warrants and agrees not to use MoCoLife, if it/he/she is not able to form legally binding contracts.
C. Each User hereby represents warrants and agrees that information submitted by it for display on the MoCoLife shall not:
a. contain fraudulent information or make fraudulent offers of items;
b. be part of a scheme to defraud other Users of the MoCoLife or for any other unlawful purpose;
c. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
d. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
e. solicit business from any Users in connection with a commercial activity that competes with TIL;
f. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
g. link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms of Use; or
h. otherwise create any liability on TIL or its affiliates
17. USER INFORMATION
a. TIL reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing or other unlawful activity. Furthermore, TIL may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a sub-poena or any other legal action, and TIL shall not be liable for damages or results thereof and User agrees not to bring any action or claim against TIL for such disclosure.
b. You agree that TIL shall have no liability to You, including no liability for consequential or any other damages, in the event TIL takes any of the actions mentioned in the above clause, and that You agree to bear the risk that TIL may take such actions.
18. DISCLAIMER OF WARRANTIES
All the content of MoCoLife are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the MoCoLife is/are the personal opinion of such persons and are not subscribed to by this MoCoLife.
19. DATA PROTECTION
a. TIL may send information and offer products and services to You from time to time. For further details relating to our policy relating to such offers please refer to our Privacy Policy . Notwithstanding the foregoing, we reserve the right to disclose any information in response to / that it is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to TIL.
b. Further, we can (and You authorize us to) disclose Your name, street address, city, state, zip code, country, phone number, email, and company name etc. to law enforcing agencies in our sole discretion or incase appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
20. GENERAL
a. TIL and You are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms of Use.
b. TIL shall have the right to assign its obligations and duties in the Terms of Use and/or in any agreement relating to the Services to any person or entity.
c. The Terms of Use shall be governed by the laws of India without regard to its conflict of law provisions. The parties to the Terms of Use hereby submit to the exclusive jurisdiction of the courts of Delhi .
21. PAYMENT TERMS
All payments due to MoCoLife in respect to the subscription shall be collected vide TIL's payment gateway. You shall have the option to pay vide credit / debit cards / online banking over a secure payment network. In a credit card transaction, You must use your credit card alone. TIL shall not be liable for any credit card fraud. The liability, if any, on the fraudulent use of Your credit card will be on You alone and the onus to 'prove otherwise' shall be Yours.
22. DISPUTE RESOLUTION
All disputes are to be settled under the exclusive jurisdiction of the courts at Delhi .