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Terms & Conditions

 
Terms & Condition

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made there under. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of VMT’s product and its service via LikeMe APP or web portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872. LikeMe business APP and LikeMe executive APP are registered product of VMT Private Limited with its registered office at 126 A, SA Tower, Bank Road, Ambala Cantt, 133001.

This is an agreement between VMT Private Ltd., a company incorporated under the Companies Act 1956 with its registered office at 126 A, SA Tower, Bank Road, Ambala Cantt, 133001, the owner and operator of www.vasmobitech.com (the "VMT Site"), www.likeme.co.in, ( LikeMe is a product of VMT Private Limited) (hereinafter called VMT which expression shall, unless repugnant to the context, include its successors in business, administrators, liquidators and assigns or legal representatives) the VMT Application Software "LikeMe Business app and executive App", including collectively, including all content provided by VMT through LikeMe Application and the LikeMe Site, the "VMT Service", or the "Service"(hereinafter called as LikeMe, VMT or VMT,), and you ("you" or "You" or “vendor” or “Business Owner”, “advertiser” , ”Licensee” or “Goods and services provider”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, TERMS OF USE FOR LIKEME SERVICES, INFRINGEMENT POLICY,  SOFTWARE LICENSE AGREEMENT, HOSTING SERVICES AGREEMENT, SOFTWARE LICENSE AND HOSTING AGREEMENT, terms of  Service For Listing service, Terms for LikeMe Messenger, Terms and conditions for Digital Catalogue- B2B,Terms Of Use For Information Dissemination,  and LikeMe.'s PRIVACY POLICY, TERMS & CONDITIONS for LikeMe Custom Webpage usage which all can be found at https://likeme.co.in/terms-business AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

LikeMe Service:

These Terms of Service apply to all users of the VMT’s LikeMe Service (LikeMe is a Product of VAS Mobitech Private Limited.). Information provided by our users through the LikeMe may contain links to third party websites/webpages that are not owned or controlled by VMT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Also, VMT does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third-party content on the Site. In addition, VMT will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that VMT shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect VMT’s belief.

Errors, Corrections, and Right to Modify or Discontinue Service and Sites:

We do not represent or warrant that the VMT Site, Web Portal, Business APP and Sales/ Executive APP will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the VMT’s LikeMe product will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the LikeMe product at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing in the product. VMT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. VMT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any Sites.

LikeMe Access:

A. Subject to your compliance with these Terms of Service, VMT hereby grants you permission to use the Service, provided that:

  1. your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
  2. you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without VMT's prior written authorization;
  3. you will not attempt to reverse engineer, alter or modify any part of the Service;
  4. you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy. The Application is currently made available to you based on the plan selected by you. VMT reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these VMT Mobile App terms, at any time and for any reason.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide VMT with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, LikeMe may periodically access your contact list and/or address book or camera, Microphone, WhatsApp etc. in order to run the application on your mobile device When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to VMT to access your mobile device in order to provide and use the Service. We do not collect any data from your mobile device. You must notify VMT immediately of any breach of security or unauthorized use of your mobile phone. For removal of doubts it is clarified that, VMT is not liable for any loss or damage caused by any unauthorized use of your account, however you would be liable for any losses or damage caused to VMT including but not limited to any claims made on VMT or others due to such unauthorized use.

C. You agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcp dump or HTTP Watch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service. You agree not to create any data backup of the content that is available to you by use of the VMT Site or VMT Mobile App. or use of VMT Service that is available through any other mediums.

AVAILABILITY:

  1. VMT will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside VMT’s reasonable control.
  2. VMT does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

SYSTEM REQUIREMENTS:

  1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
  2. The Software Requirements for downloading the VMT’s LikeMe Mobile App would vary as per the mobile platform. The LikeMe Mobile App(s) would be available in English Language as of now.
  3. The version of the Application software may be upgraded from time to time to add support for new functions and services.

Intellectual Property Rights:

The LikeMe & VMT {company names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights if any} (and other intellectual property rights of any nature in the Application) together with the underlying software code in the App ("Intellectual Property") is owned by and used under license by VMT or its subsidiaries or affiliate companies. All other Intellectual Properties herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use VMT’s Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VMT

For removal of doubts, it is clarified that, by accepting theses terms, you hereby waive and grant to VMT all rights including intellectual property rights and also "moral rights" in the Reviews, Ratings and Comments posted by you at VMT through any of mediums of VMT and that VMT is free to use all such Review, Ratings and Comments as per its (VMT's) requirements from time to time.

User Submissions & Specific Features:


A. Ratings and Reviews on social pages, portals and any way of promotion and marketing etc- (Refer Privacy Policy)
B. In connection with Ratings and reviews and webpage content, you further agree that you will not:

  1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant VMT all of the license rights granted herein;
  2. publish falsehoods or misrepresentations that could damage VMT or any third party;
  3. submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. post advertisements or solicitations of business;
  5. impersonate another person;
  6. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  7. interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
  8. attempt to gain unauthorized access to the Service or its related systems or networks.

C. Adult content must be identified as such. VMT does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and VMT expressly disclaims any and all liability in connection with ratings and/or submissions or webpage content of users. VMT does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and VMT will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the VMT Mobile App user allegedly infringing the copyrighted work;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith, belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support@likeme.co.in. VMT reserves the right to remove contents without prior notice. VMT may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than once. VMT also reserves the right to decide whether content on webpage or a Rating and/or Review is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. VMT may remove such contents and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. You understand that when using the VMT Service you will be exposed to Ratings and Review submissions from a variety of sources, and that VMT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of VMT You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VMT with respect thereto, and agree to indemnify and hold VMT, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the VMT Service.

E. VMT reserves the right to discontinue any aspect of the VMT Service at any time.

F. Right, But Not Obligation, to monitor review Submissions: VMT does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.

G. Your Use of Submissions/reviews Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms of Use.

WARRANTY:

THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE),Web Portal and App ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VMT DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. VMT DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VMT DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. IN NO EVENT SHALL VMT BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF VMT IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. VMT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

ADDITIONAL DISCLAIMER:

Users using any of VMT service across the following mediums i.e., through internet i.e., www.LikeMe.co.in Website, Webportal, SMS, phone, App or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser/Business/Goods and Service Providers listed on LikeMe Portal. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafide of the vendor/s or Advertiser/s and VMT does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed on LikeMe. Further, VMT is not at all responsible for any act of Advertiser/s listed at LikeMe. Also, VMT does not guarantee any number of customer reviews, positive review ratings or promises any business growth or fixed leads. With LikeMe, VMT gives you a platform to enable all this. All Reviews and rating depend on quality of goods and services provided by the vendors.

Limitation of Liability

IN NO EVENT SHALL VMT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VMT CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR
  7. THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT VMT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity:

You agree to defend, indemnify and hold harmless VMT officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  1. your use of and access to the VMT Service;
  2. your violation of any term of these Terms of Service;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the VMT Service.

Ability to Accept Terms of Service:

 Only adults, who are at least eighteen (18) years of age, are eligible to use our service, whether for personal use or on behalf of a business. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

Assignment:

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VMT without restriction.

Miscellaneous:

You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement between you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

GOVERNING LAW:

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws' provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts at Ambala, Haryana, will have the exclusive jurisdiction. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. VMT reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. VMT reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Privacy Policy:

In the course of registering for and availing various services we provide from time to time through our website www.liikeme.co.in, , LikeMe business app and sale executive app or any other medium in which VMT may provide services (collectively referred to as "Media") you may be required to give your name, email address, Phone Number or similar Personal Information ("Personal Information"). The Personal Information is used for two general purposes: to log your feedback digitally and to contact you about our services via including but not limited to email's, SMS’s and other means of communication. Unless otherwise stated explicitly, this Policy applies to Personal Information as disclosed on any of the Media.

We are committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media In furtherance thereof, we have this policy to demonstrate our good faith.

This policy does not apply to the practices of organizations that we do not own or to people that we do not employ or manage.

Personal Information will be kept confidential and will be used for our research, marketing, and strategic client analysis objectives and other internal business purposes only. We do not sell or rent Personal Information, your Personal Information shall be shared with our subscribers/advertisers and you shall be deemed to have given consent to the same. Further, the subscribers / advertisers who are listed with us, may call you, send SMS or email based on the feedback, promotional offers or any offerings of their establishments.

We will share Personal Information only under one or more of the following circumstances: - If we have your consent or deemed consent to do so - If we are compelled by law (including court orders) to do so

In furtherance of the confidentiality with which we treat Personal Information we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

You acknowledge that you are disclosing Personal Information voluntarily. Prior to the completion of filling a survey form if you wish not to disclose any Personal Information you may refrain from doing so; however, if you don't provide information that is requested, it is possible that the feedback would be incomplete and/or you would not be able to avail of our services. Information which can be personally identifiable, information obtained from the user on LikeMe Platform would be available across VMT.

If you are our corporate customer, it is possible that we have entered into a contract with you for non-disclosure of confidential information. This Policy shall not affect such a contract in any manner.

If you have questions or concerns about these privacy policies; please send us an email at support@likeme.co.in

Privacy Notice:

VMT is committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media. In furtherance thereof, we have this policy to demonstrate our good faith.
This Privacy Policy is incorporated into and is subject to the LikeMe’s Terms of Service. Your use of the LikeMe Site, LikeMe Software and the LikeMe APP and any personal information you provide remains subject to the terms of this Privacy Policy and our Terms of Service.

What Does This Privacy Policy Cover? This Privacy Policy is part of LikeMe’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by VMT, including information obtained when you access the LikeMe Site, use the LikeMe APP or any other software provided by VMT under LikeMe product range.

The Information LikeMe Collects:

LikeMe may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below ("Personally Identifying Information"):

  • You provide certain Personally Identifiable Information, such as your mobile phone number, email and mobile device information to LikeMe when choosing to participate in feedback survey. LikeMe may access your location information to provide search results based on your geo location. This allows the software to provide relevant search results. Location data gathered from a mobile phone is used only to provide search results and is not used in any other manner whatsoever.
  • For some of the service offerings, a user may have to part with financial data which is required to execute a particular service request for example UPI payments.
  • The Information LikeMe Not Collect:

LikeMe does not collect emails, addresses or other contact information from its users' mobile address book or contact lists. LikeMe does not store historical location information of users in any form or manner at its end.

The Way LikeMe Uses Information:

If you submit Personally Identifiable Information to us through the LikeMe Site, or LikeMe QR Code, or LikeMe App, then we may your personal information to operate, maintain, and provide to you the promotional offers. In particular, your mobile phone number is essential and will be retained. Your name will be displayed on the business review page. For more information on our ratings feature, please read the note below:

LikeMe will use your mobile number and email id. LikeMe manages reviews in the following ways:

  • When a user scans the QR code, they are prompted to rate an establishment
  • When a user rates establishments on the application and Social Business page.

Where are the ratings shown? Ratings are shown in the following ways on Social Pages:

  • Ratings is displayed on business pages or any other social pages of your establishment.
  • Ratings is shown with your email account or name with which you are signed in on your phone.

Benefits:

Your feedback and rating will allow other to benefit from one user’s experience. It will allow people to make a better decision about choosing a product/service/establishment.
 

When LikeMe Discloses Information:

Other users of Service may see your ratings submissions in a way that is consistent with the use of the business forms or any social pages. For example, a rating of "ABC Restaurant" on business forms or any other social pages or portals will be available to every user having web access.

We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Service.

Your Choices:

You may, of course, decline to submit Personally Identifiable Information through the survey form. If you do not agree with our Privacy Policy or Terms of Service, you may deny not give the feedback. To protect your privacy and security, we take reasonable steps (such as happy-code in certain cases) to verify your identity before registering your mobile phone number and granting you access to the feedback survey. Please contact VMT via email or at info@vasmobitech.com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices. By scanning the QR code, user is giving consent to capture and use their details, if they wish not to give the details, they may not proceed further.

Third-party Advertisers, Links to Other Sites:

LikeMe is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, we will update this section.

Our Commitment to Data Security:

VMT & LikeMe uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to LikeMe and you do so at your own risk.

Consent To Push Notification:

You agree and confirm that any review, rating and comments, including any other content or data therein, that you submit/post via. LikeMe platforms viz. WEB, WAP, APP, whatsapp & MOBILE etc. such details as per VMT’s discretion will be shared with establishment vendors.

Designated Grievance officer

The following can be contacted for any grievances 
Email: 
info@vasmobitech.com

Designated Compliance Officer

The following can be contacted for any compliance issues - 
Email: 
info@vasmobitech.com

If you have questions or concerns about these privacy policies; please send us an email at info@vasmobitech.com

 

Infringement Policy

LikeMe portal contains the trademark, logos, trade name, service marks and other marks (collectively "Marks") which are the intellectual property of LikeMe or their business users, vendors or respective third parties. You understand that VMT uses the Marks of vendors and respective third parties procured from the owner and/or distribution channel on the website/web portal. In doing so, VMT has no intention, whatsoever, to acquire rights of use or license to these Marks.

This Infringement policy helps in creating a safer marketplace by prohibiting the use of LikeMe webpage or web portal for infringing the intellectual property rights of third parties or of the rightful owner. VMT policy requires sellers and buyers or users to comply with all governmental laws and regulations including but not limited to the Infringement policy as amended from time to time.

If you see something on the LikeMe portal, which you believe is violating the intellectual property rights, please send and infringement intimation to VMT At support@likeme.co.in

VMT will be unable to process requests which do not specify exact product IDs or URLs and the details which are specified below. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time.

How to report a listing

  • If you have a good faith belief that your IP right has been infringed by any of our sellers or anyone else on LikeMe’s portal, you may follow the below process or seek Legal advice /or email us at info@vasmobitech.com.
  • We require that the Intellectual Property right owner or authorized representative provide the following details and email to the aforementioned email id.

The email should contain the below information.

  1. Identification or description of the Intellectual Property Rights that has been infringed.
  2. Unambiguous identification or description of where the material that you claim is infringing is located on LikeMe portal with adequate particulars. Product ID / website links of infringing products.
  3. Your address, telephone number, and email address.
  4. A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  5. Brand/Trade Name (in case of Trademark infringement)
  6. Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments)
  7. Details/documents of legal proceedings initiated against the entities (infringing the Intellectual Property rights of the owner)

 

Grievance Redressal policy:

VMT shall take all necessary steps and/or remove the infringed product/details from its portal within 30(Thirty) working days subject to verification of the details as given above and the nature of complaint.

 

SOFTWARE LICENSE AGREEMENT

THIS SOFTWARE LICENSE AGREEMENT (the “Agreement”) is entered into between VMT, having its registered Office at 126A, Bank Road, Ambala Cantt, 133001 (hereinafter referred to as “LikeMe”,” VMT”, “VMT”, “Licensor”, “We”, “Our”), and Clients (hereinafter referred to as “Client”, “Licensee”, “vendor” or “Business Owner”, “advertiser” or “Goods and services provider”& “You”). VMT hereby grants the license to right to use its LikeMe Product & Its Services (hereinafter referred to as “Software” & “License Program”) to the “Client”, and the client acknowledges and agrees to comply with all of these Terms and consent to the transmission of certain information during Activation and for internet-based features of the software. If you do not Accept and comply with these terms, you may not use the software or Features.

1) USAGE POLICY: You will use the LikeMe in a manner consistent with all local, states and Union regulations and laws. We reserve the right to suspend or cancel your access to any or all services provided by us when you are not in compliance to the terms of this agreement and/or we decide that your account has been inappropriately used.

2) DESCRIPTION OF SOFTWARE: This agreement applies to the most recent release of LikeMe software program. LikeMe is a one stop solution for retailers to manage their customer reviews, digital marketing etc. It is an App based solution to take customer review, analyze them, list your business on LikeMe webpage, send promotional messages etc. using LikeMe Application or web portal. You will be able to use this software for marketing, improving customer feedback, increasing online presence of your business. This Software has the features through which you yourself can access the Dashboard, analyze the reviews, manage your webpage etc. This LikeMe solution is available on mobile app using this product and services; you will have features based on the plan selected by you. This software will be accessible on compatible mobile devices.

3) TERMS OF USE: This agreement only gives you rights to use the software as per the features obtained and fee paid by you. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. Clients are hereby granted, non-exclusive, right and license to use the software program or the rights as granted under this agreement. You may only use the software on a single computer or mobile at one time and may do so only via a user interface connected directly to said single computer and not in any manner over a network, regardless of whether said network is a wide area network (WAN) or a local area network (LAN). You may NOT distribute copies of or documentation of the software to others. THE ACTUAL SOFTWARE PROGRAM COMPONENTS REMAIN THE PROPERTY OF VMT. You may not sell, lease, rent, or otherwise distribute and/or sub-license the Software, including the manuals and documentation of same, to another person at any price. It is illegal to make copies of the Software Program, or Components. The Software Program and Components are protected by the copyright laws pertaining to computer software. It is illegal to give copies of the Software Program, Components and Modules, or manuals and documentation of same to another person, or to duplicate the Software Program or Components and Modules by any other means, including electronic transmission. Software contains trade secrets and in order to protect such trade secrets you may not decompile, reverse engineer, disassemble, or otherwise reduce software program to human perceivable form. You may not modify, adapt, translate, rent, lease, or create derivative works based upon software program or any part thereof.

4) RIGHT TO USE: Upon execution of this Agreement, you are granted right to use the software in accordance with the terms of this Agreement.

5) CLIENT’S RESPONSIBILITIES: Effective use of software provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our software due to your lack of the requisite knowledge and skills.

6) USE OF SOFTWARE: i) The software is licensed not sold. It is given access of usage as per the payment plan. Under this agreement, we grant you the right to install and run one copy of software only on one computer or mobile device with which you acquired the software, for use by one person at a time, but only if you comply with all the terms of this agreement. You may not make the software available for simultaneous use by multiple users. VMT grants you the license to right to use the software only upon the receipt of license fees as determined by VMT from time to time. The necessary instructions for operating the software are mentioned in the user manual available in the software after successful login. ii) The components of the software are licensed as a single unit. You may not separate or virtualized the components and install them on different computers. VMT does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. You may not, however, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified. iii) VMT m a y u s e commercially reasonable efforts to provide corrections to Software error. Any other upgrades or enhancements to the Software are not made available by VMT as part of this agreement and may be subject to additional charges.

7) LICENSE OF SOFTWARE PROGRAM: i) VMT grants you the license to use of LikeMe app only upon receipt of fee as determined by VMT, from time to time, in according to the terms of this Agreement. You are hereby granted the non-exclusive, right and license to use the software program, the rights as granted under this agreement subject to the payment of the license fees.

8) SERVICE FEES: You agree to pay a non-refundable Service Fee for the Services that will be determined by VMT at the time of accepting the Service. The ("Service Fee") shall be paid by you in advance and VMT will send the customer receipt/Invoice to Your registered Mobile Number or email ID, after receipt of payment from You. VMT shall, at its sole discretion, reserve its right to decide the Service Fee for the Services, from time to time.

9) LICENSE FEES: i) In consideration of VMT providing the Product and Service as specified in this agreement, you shall make the payment of fee as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms of this agreement. ii) Your right to use the Product and Service is limited to the license period. You may have the option to extend your Service upon paying of the requisite fees. If you extend your service, you may continue using the Product and Service until the end of your extended service period. After the expiration of the period, Product and Service will stop running on your computer/Mobile device. iii) VMT shall make best efforts to install & activate the product and services from the date of receipt of fee into its bank account (subject to delay due to technical malfunctions). However, VMT will not be liable in any manner for any delay in activating your contract. iv) You agree to pay the fee as specified in invoice copy. You can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy installment’s payment options as available. If You opts to pay the fee/consideration by paying installments, under such payment schemes, the You shall be liable to pay to VMT the SERVICE FEES (including applicable Tax), at the time of registration and the balance payment can be paid through the various payment modes such as ECS (Electronic Clearing Service); CCSI (Credit Card Standing Instruction) & NACH (National Automated Clearing House). It is hereby clarified that the services shall only be activated once the first ECS/ CCSI/ NACH payment is credited on VMT's account as per the payment plan or the payment as received for the services/products as availed. Under no circumstances shall VMT be liable to make any refund of any amount as paid by you on account of deactivation/non-activation of services due to non-receipt of any payment through ECS/ CCSI/ NACH/Cheques etc. VMT reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals at https://likeme.co.in/terms-business with or without notice to you. You are advised to check the Terms at regular interval to received uninterrupted services. VMT does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to VMT. v) In the event, if you fail to make any installments in time and as per the payment plan chosen by You, VMT may, in its sole discretion, suspend the services until necessary payments are made by you. The right of VMT to suspend the Service shall be without prejudice to VMT’s right to terminate the agreement, without any further notification vi) VMT shall be allowed to terminate the right to use the service to a particular licensor for non-payment of fees, for noncompliance, with any applicable rules, regulations or agreements regarding the use of the service or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. VMT will notify you of any such instance including the name of licensor and reason for termination. vii) If any cheques are dishonored due to insufficient of funds, VMT may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regard and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

10) Documents: You shall furnish the KYC documents or any other documents, as may be required by VMT, on or before the first ECS/ CCSI/ NACH clearance. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving license; (3) Voter's Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card etc. In addition to aforesaid, the you also needs to furnish the documents relating to the business listing such as, Certificate of incorporation, PAN Cards of the company, Registration certificate, GST certificate, Shop & Establishment certificate, or any other Government certificate issued to running their business.

11) ISSUANCE OF INVOICE: VMT will issue an invoice to you containing, inter-alia, the following details: (a) Clients details (b) License Fees (c) Description of the features of Software. (If required) (d)Type of access chosen by you (either website or App or both) (If required)

12) TAXES: VMT is entitled to levy you for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections. You also agree that in the event the said taxes and charges are not charged by VMT the taxes shall be paid by you directly to the authorities concerned without raising any objection. You further agree that the taxes and charges payable under this Clause is in addition to the license fee paid by You for the Services rendered by VMT. The Taxes would include GST (Goods and Service Tax) or other taxes as applicable.

13) REFUNDS POLICY: ALL license Fee paid by you to VMT are final and non-refundable. Until you terminate this Agreement, as specified in this agreement, you are responsible for paying the fee, regardless of whether you use Software or not.

14) NON-PERFORMANCE AND DELAYS: VMT shall not be liable for any loss or damage resulting from non-performance by VMT or its suppliers under this Agreement or from any delay in delivery of the software due to fire, labor unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, or any other cause or causes beyond the control of VMT.

15) COMPATIBILITY: This software is available on mobile app However your mobile devices or computer resources should be compatible with the LikeMe App. If your devices or computer resources does not sync with the LikeMe App, and causes any error or any loss or damage resulting from non-performance software, VMT shall not be liable for any reason whatsoever.

16) SERVICE/SUPPORT: a) VMT will use commercially reasonable efforts to make available VMT Support Center on Monday through Friday, during VMT's normal business hours, excluding VMT's scheduled holidays. VMT will provide you all the customer and technical support via telephone support or through support@likeme.co.in.However, our support services shall be limited to providing matter pertaining our software under this agreement not otherwise. b) We shall not provide technical support for any third-party products/software of any kind, incorporated by you into the website. We will use all commercially reasonable means to resolve your issues in this Agreement. c) VMT will have no obligation to provide Maintenance Services for any Software that are damaged, modified (by anyone other than VMT), incorporated into other software, or installed in any computing environment not supported by VMT software program; or for any version of a software program other than the latest and immediately preceding version; or for any problems caused by your negligence, abuse, misuse, or by any causes beyond VMT's reasonable control.

17) TRANSFER OF SOFTWARE PROGRAM: This agreement is non-transferable or non-assignable by the Client without the prior written consent of VMT.

18) THIRD PARTY CONSULTANT: VMT will not be liable for any costs incurred as a result of Client, for any reason, employing the services of third-party consultant or other technical personnel.

19) LICENSE FEES CHANGE: VMT reserves the right to increase/raise the license fees of Software, at its discretion. The license fees will only become effective upon renewal of the order. For clarity, additional purchases of the software/ other features will be subject to the new pricing.

20) CLIENT’S OBLIGATION: i. You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the Software provided by VMT. ii) You shall be solely responsible and liable for any dispute arising out of your usage of our services. iii) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the LikeMe. VMT reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. iv) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, aadhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our services. v) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by VMT, at its sole discretion. vi) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow VMT/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services. vii) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit your website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise. viii) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever. ix) You shall make available any and all customer assistance channels to assist and guide the end customers/ Customers using your services and respond to any queries and address any issues that may arise in using VMT services. x) You shall cooperate with VMT and render assistance to it for connecting to the app xi) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system. xii) You acknowledge that responsibility for all content provided by you to VMT for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that VMT will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content. xiii) You before providing the services/giving information to the end user on webpage, shall be liable to check all product details , GST/any other tax rates applicable on each and every product sold or services provided by you. VMT shall not be liable for any error in any product details, GST/any other tax rates in the details you list on LikeMe portal xiv) VMT shall not be liable to update any changes in the product or GST/any other tax rates i. You shall be liable to update the product details, GST/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you. xv) You acknowledge and agree that we may elect at its sole discretion to monitor the Content. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xvi) You agree to use the Services for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Services is being used for illegal purposes, we shall immediately terminate the Agreement and the Services as per our discretion, without notice, in addition to any remedies to which it (VMT) may be entitled under law. xvii) Any attempt to undermine or cause harm to a server of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund. xviii) On the receipt of payment VMT grants you the right/access to install and run one copy of the LikeMe on one computer/PC/mobile. For a single license You will use/install LikeMe only in one outlet and if you intent to utilize it for your another/additional outlet then you will have to make additional payment for availing LikeMe on the price/charges determined by VMT from time to time.
You acknowledge that you are not acquiring title to or any interest in any software other than right to use the Software. Your right to use the software is conditioned upon your timely payment of the full amount of Fees due for the software program and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the software also expire and you may no longer use the software program.
Client will not make any unauthorized, false, misleading, or illegal statements in connection with this Agreement or regarding the Software program. Client will not make any representations or warranties concerning the Software on behalf of VMT.

21) DISCLAIMER OF WARRANTY: i) This software is available to you “as-is whereas basis." You bear the risk of using it. VMT gives no express warranties, guarantees or conditions. VMT will make all reasonable efforts to provide uninterrupted access subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that VMT and its business partners disclaim all warranties including but not limited to express or implied, written or oral. VMT shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition, VMT shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. VMT does not warrant that services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from VMT or through or from VMT shall create any warranty. VMT shall have no liability in this respect. ii) VMT’s sole obligation and your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.

22) LIMITED WARRANTY: i) EXCEPT FOR THE ABOVE WARRANTY, THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES ARE PROVIDED "AS IS WHEREAS BASIS". THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IS ASSUMED BY CLIENT. NEITHER VMT, NOR AGENTS OF VMT, NOR THE CREATORS OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ii) THE LIABILITY OF VMT OR ANY AGENT OF VMT OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL VMT, OR ANY AGENT OF VMT, OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CLIENT.

23) INDEMNITY: You shall defend, indemnify, and hold harmless VMT, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by VMT (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: i) breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or ii) anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents. iii) or resulting from Your business operations or use of Software provided by VMT.

24) TERMINATION: i) The license granted hereunder shall continue subject to payment of license fees as prescribed by VMT, time to time or unless and until terminated pursuant to Clause (ii) hereof and subject to Licensee's proper performance of its obligations hereunder. ii) VMT has the right to terminate this Agreement upon any material breach of terms and conditions by you. In the event of termination by client for any reason, VMT will not refund the amount paid by you. On termination you shall forthwith return or destroy all data, information and software program and its updated versions, and provide written intimation of the same to VMT. iii) You agree that any breach of one or more provisions of this Agreement that threatens to, or causes VMT substantial harm is a material breach. Furthermore, any breach of the confidentiality, or non-competition provisions by you, or failure to make payments, shall be considered material breaches. Furthermore, any conduct or negligence that adversely affects the business or good will and brand name of VMT will be considered a material breach; VMT under such circumstances shall terminate the agreement without any further notice. iv) Upon termination of this agreement, VMT shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

25) PROHIBITED ACTIVITIES: i) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or VMT's services. VMT shall be the sole arbiter as to what constitutes violation of this provision. ii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to; iii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iv) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; v) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vi) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. vii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to VMT's servers or to any other server on the Internet. ix) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk email (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to VMT and/or any Client in any way. x) You’re sending any promotional emails/SMS to your consumers and VMT assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India. xi) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made there under. xii) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network of VMT, without the permission of VMT. xiii) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of VMT, without its permissions, and further shall not use the said devices for cheating by personating. xiv) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever; xv) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programs residing in such computer system or computer network. xvi) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means. xvii) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. xviii) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. VMT shall have the right, but not the obligation, to remove the Content which is deemed, in VMT’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.
You may not copy or use any Software program in any manner that is not expressly allowed under this agreement; You may not use our Software program or its output to develop or enhance any product that competes with a VMT software; You may not disclose the results of any benchmarking of a Software program (whether or not the results were obtained with assistance from VMT) to any third party; or You may not use a Software program in the development of any product if the failure or malfunction of that product could reasonably be expected to result in personal injury, death, or catastrophic loss.
You are prohibited to use, publish, email, reproduce, disclose, furnish, reveal, communicate, transfer or make accessible to any other person for any purpose any information that you encounter, acquire or learn about in connection with this agreement and VMT has not given you written authorization to disclose or made available to the public, except as needed in the course of and for the benefit of the client. You are not indulging in any kind of piracy of software and also unauthorized, copying, downloading, sharing, selling, distribution or installing multiple copies onto personal or work computers of copyrighted software.
You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the VMT’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to VMT immediately upon demand damages suffered by VMT directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the "BANNED PRODUCTS & SERVICES"

26) THIRD PARTY SOFTWARE PROHIBITED: You are strictly prohibited from installing any third- party software on our program without the express written authorization of VMT. In the event that you install third party software on VMT’s servers without the express written authorization of VMT, VMT at its discretion shall have the right to terminate the Services without any notice.

27) CONTENT OWNERSHIP: i) All contents stored by you shall at all times remain the property of yours. You grant to VMT nonexclusive, world-wide license to the content for the purposes of analytics and reporting or any other related purposes. ii) VMT uses the information it collects through the LikeMe to upgrade or secure its Services. Additionally, you agree that VMT may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of VMT and its affiliates.

28) NON-COMPETE: During the term of this Agreement, and for a period of 5 (five) years after the termination of this Agreement, you agree not to develop or create any program of its own that is comparable in functionality or would compete with VMT’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer VMT materials or attempt to discover source code or other information concerning VMT Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from LikeMe, or use any information learned from LikeMe to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

29) CONFIDENTIALITY: You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of VMT’s business (“Confidential Information”) in the course hereof. Confidential Information shall include; i) VMT software program and plans for the Website ii) Specifications of VMT’s software program and any future development plans iii) Concepts relating to VMT software program not disclosed from the operation of the Website iv) Trade secrets of VMT v) Information derived from providing the Services when Website is in operation, including but not limited to: 1. identities, contact information and credit card information of users (if applicable) 2. confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable) ii) Notwithstanding the forgoing, this confidentiality obligation shall not apply to any information which is already known to the public or produced in compliance with applicable law or a court order, provided you shall promptly notify VMT so as to enable VMT to seek a protective order or other appropriate remedy. You will return all the confidential information to VMT within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement
Notwithstanding the forgoing, in the event VMT receives a validly issued administrative or judicial order, notice, warrant or other process that requires VMT to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.

30) SECURITY: Client has taken adequate encryption and security measures to maintain its computer resources secured under this agreement. You must ensure that you use the software through a secure network that requires a protective security safeguard. You shall comply with the security standards, as prescribed by the governments and implements the security management and procedures, network architecture, software design, and other critical protective measures to protect data and information.

31) CENSORSHIP: VMT will exercise no control whatsoever over the content of the information passing through the network, email or website.

32) AUDIT AND COMPLIANCE: VMT may audit (using its own employees and those of an independent auditing firm that is subject to appropriate confidentiality obligations) your use of the Software and Documentation to verify your compliance with this agreement. You agree to give VMT (or the auditing firm) reasonable access to your facilities and records for purposes of conducting these audits. VMT will give you reasonable advance notice before conducting an audit. Audits will be conducted during normal business hours and no more than once per year, unless VMT has a good-faith basis for believing that more frequent audits are warranted. VMT will bear all the costs it incurs (including the fees and expenses of the auditing firm, if any) in conducting an audit, unless the audit reveals that you have failed to comply with this agreement in a material way, in which case you agree to reimburse VMT for these costs, in addition to other damages.

33) INTELLECTUAL PROPERTY RIGHTS: This Software is owned by VMT and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by VMT, including any trademarks, trade names, logos etc. ii) VMT owns and retains all ownership and proprietary rights relating to services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Services and all software code and content relating to the Services etc. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in this Agreement. During the term of this Agreement, VMT grants you, a right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.
While availing the Products and Services of VMT, Clients hereby grants VMT the royalty-free, irrevocable, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, sublicense, create derivative works from, transfer, your contents and/or any other proprietary right to the site (in whole or part) worldwide and/or to incorporate your contents and/or any other proprietary right in other works in any form, media, or technology whether now known or later developed.

34) MISCELLANEOUS: i) No Guarantee of Business: VMT does not guarantee that by installing and using of this software, your business/profit will increase. ii) No Marketing: VMT is not obliged and does not promote your business. VMT’s obligation under the Contract is limited to the obligations of providing access to software upon the receipt of requisite payment from your end. iii) Entire Agreement: This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, regarding the Software. iv) Supersession- This Agreement supersedes all prior agreements and understandings (whether written or oral) between VMT and the Clients, or any of them, with respect to the subject matter hereof. v) Amendment – VMT is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. It shall be your sole responsibility to visit VMT Website and update himself / herself of the changes to the Terms of Service. vi) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted. vii) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. viii) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement. ix) Force Majeure: VMT shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, hacking, virus prone, technical glitch, defacement, sabotage, stoppage of display or transmission of the website, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control. x) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) working days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Ambala, Haryana. The arbitration shall be conducted by a sole arbitrator to be appointed by VMT at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration. xi) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing xii) Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the addresses as mentioned in the title to this document. Notices may also be sent through emails. xiii) Non-Exclusive Right: It is expressly agreed and understood between the parties hereto that this Agreement is on a non-exclusive basis and VMT is free to provide similar services to third party. xiv) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Ambala, Haryana, India.

In relation to any complaints or concerns, you can email us at support@likeme.co.in.

 

Hosting Services Agreement

This Hosting Services Agreement (hereinafter referred to “Agreement”) is by and between VMT having its registered office at 126 A, S A Tower, 2nd Floor, Bank Road Ambala Cantt, 133001, hereinafter referred to “VMT”, “We” & “Us”) and clients (hereinafter referred to “Our”, “You” & “your”) that describes your rights and obligation to use the our hosting services (hereinafter referred to “Service”). This Agreement sets forth the terms and conditions of your use of Hosting services (the “Services”), and represents the entire agreement between you and VMT concerning the subject matter hereof. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, and any other agreements or policies that are expressly incorporated herein. We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We assume no liability or responsibility for your failure to receive a notification.

1) AUTHORIZATIONS: Client will use VMT services in compliance with all regulations, laws and terms applicable to Client, including those of VMT and of Servers locations.

2) RIGHT TO USE: Upon execution of this Agreement, You are granted right to use the service in accordance with the terms of this Agreement.

3) CLIENT’S RESPONSIBILITIES: i) Effective use of services provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our services due to your lack of the requisite knowledge and skills. ii) Client is solely responsible of managing and backing up his site and keeping his software scripts secure and up-to-date. iii) VMT is responsible to implement Hosting Servers corresponding to the description of the Hosting services provided to the Client. VMT is free to choose its implementation technology, methods and Server and services locations, including abroad or using foreign services and contractors in third countries. iv) Also further adaptations and extensions are at VMT's sole discretion. VMT is not responsible for the security or proper function of software installed by Client, even if they are installed with VMT tools.

4) HOSTING: VMT agrees to host and maintain your customized webpage on its server(s), as outlined in this Agreement. VMT on best effort basis will take all reasonable precautions to implement data backup services on the data stored in your websites. VMT agrees to monitor hosting services and make sites available to Internet users. However, VMT is not responsible for unintentional damages or loss, either incidental or direct, caused by a loss of your information.

5) Webpage NAMES:  VMT may help you in obtaining & assigning the webpage name and Internet Protocol address and maintaining the same at additional cost decided by VMT from time to time. VMT shall execute the actions necessary to establish the address of your website, or to delete the address in the event your relationship is terminated or website cancelled in accordance with the rules, and regulations related to the Product.

6) FEES: In consideration of VMT providing the common hosting service as specified in this agreement, you shall make the payment of Common Hosting Service fee, as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms & conditions mentioned under this agreement.
Your right to use the hosting service is limited for the period as per your plan. You may have the option to extend your hosting service on paying of the fees. If you extend your hosting service, you may continue using the hosting service until the end of your extended period. After the expiration of your period, hosting service will stop. VMT reserves its right to charge the additional fees for the common hosting service, at any time, at its sole discretion, and the same shall be notified to client, in advance.
You agree to pay the fee as specified in invoice copy. You may opt to pay the fees through (i) Cheque; (ii) Demand Draft; (iii) RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and (v) CCSI (Credit Card Standing Instruction). VMT does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to VMT.
In the event, if you fail to make any payment in time and as per the payment plan chosen by You, VMT may, in its sole discretion, suspend your services until necessary payments are made by you. The right of VMT to suspend the Service shall be without prejudice to VMT’s right to terminate the agreement, without any further notification.
VMT shall be allowed to terminate the right to use the service for non-payment of fees, for non-compliance, with any applicable rules, regulations or agreements regarding the use of our services or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. VMT will notify you of any such instance including the name and reason for termination.
If any cheques are dishonored due to insufficient of funds, VMT may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regards and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

7) TAXES: You shall be entitled to pay all the taxes and charges (now in force or enacted in future), if any applicable or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections.

8) SUPPORT: VMT will provide support related to problems with the Common Hosting functions of its Servers (at the discretion of VMT) during regular business hours via support@likeme.co.in. Support not related to core Hosting functions problems might be charged to Client at applicable rates.

9) CENSORSHIP: VMT will exercise no control whatsoever over the content of the information passing through the network, email or Website.

10) STORAGE AND SECURITY: i) You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. ii) Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically, by way of example and not as a limitation, you shall not use the Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

11) WEBPAGE/SERVER CONTENT: You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.

12) STORAGE AND LIMITS: All Web Hosting and Common Hosting plans, including the unlimited plans(if any), are subject to a limitation prescribed by VMT time to time. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

13) NOTIFICATIONS: VMT relies on e-mail as the primary means of notifying Clients of important system news, problems with Clients' accounts or usage of those accounts, billing problems, etc. Any notifications will be e-mailed to Client domain's primary e-mail address and/or to the contact e-mail address provided by Client upon application for services. Client agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications. Client notifications to VMT should be made using VMT's portal.

14) CANCELLATION POLICY: Client bears all responsibility for ensuring effective cancellation of Client account. This responsibility includes providing effective and verifiable notification to VMT of Client's desire to cancel an account. This responsibility shall not be waived or modified by Client in any way at any time subsequent to the submission by Client of an application for VMT account. VMT will implement without further notification.

15) REFUSAL OF SERVICE: VMT reserves the right to refuse or cancel service at VMT's sole discretion, with or without reason, with or without warning, and without indemnification.

16) SERVER ABUSE: Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your Server, or anything that causes Server malfunction. Failure to comply is subject to immediate account deactivation.

17) RESOURCE USAGE: Client can use the resources of VMT in a reasonable way, which doesn't disadvantage other clients of VMT. VMT will be the sole arbiter as to what constitutes a violation of this provision. Failure to comply is subject to immediate account Deactivation.

18) THIRD PARTY SOFTWARE: We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

19) CLIENT’S OBLIGATION: You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the software provided by VMT. ii) You shall be solely responsible and liable for any dispute arising out of your usage of our products and services. iii) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the services/product. VMT reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. iv) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our products and services. v) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by VMT, at its sole discretion. vi) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow VMT/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services. vii) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit your website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise. viii) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever. ix) You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using VMT products and services. x) You shall cooperate with VMT and render assistance to it for connecting the respective software systems of the Parties. xi) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system. xii) You acknowledges that responsibility for all content provided by you to VMT for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that we will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content. xiii) You acknowledge and agree that we may elect at its sole discretion to monitor the Content and your activities on the Website. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xiv) You agree to use the Services and the Website for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Website is being used for illegal purposes, we shall be entitled to immediately terminate the Agreement and the Services without notice in addition to any remedies to which it may be entitled under law.

20) PROHIBITED SERVICE: i) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or VMT's services. VMT shall be the sole arbiter as to what constitutes violation of this provision. ii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to; iii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iv) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; v) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vi) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. vii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to VMT's servers or to any other server on the Internet. ix) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk email (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to VMT and/or any Client in any way. x) VMT assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India. xi) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made there under. xii) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program , computer system or computer network of VMT, without the permission of VMT. xiii) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of VMT, without it permissions, and further shall not use the said devices for cheating by personation. xiv) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever; xv) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programmes residing in such computer system or computer network. xvi) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means. xvii) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. xviii) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. VMT shall have the right, but not the obligation, to remove the Content which is deemed, in VMT’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xix) You are strictly prohibited from installing any third party software on our products and services without the express written authorization of VMT. In the event that you install third party software on VMT’s servers without the express written authorization of VMT, VMT at its discretion shall have the right to terminate the Services without any Notice.
You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the VMT’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to VMT immediately upon demand damages suffered by VMT directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the BANNED PRODUCTS & SERVICES

21) TENURE/TERMINATION: i) The terms of this agreement is for the period as per plan you have paid for. This agreement may continue subject to the payment of hosting service fee as applicable, or until the termination of this agreement, as specified under this agreement. ii) This Agreement may also be terminated at any time by VMT without assigning any reasons. VMT has the right to terminate this Agreement and your right to use this service upon any material breach of terms and conditions by you. ii) This Agreement may be terminated by VMT, upon your linking in the illegal, unlawful and prohibited activities prescribed under this agreement. iv) Upon termination of this agreement, VMT shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

22) LIMITATIONS; ACCOUNT TERMINATION: i) You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers. ii) You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content. iii) Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.

23) OWNERSHIP: i) VMT maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the rights of ownership and use of his own domain name(s) even if Client changes VMT. In case of disputes regarding authority over domain names, VMT will follow industry standard practice of giving ultimate authority to the domain name registrant. VMT maintain control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and or provided by VMT. ii) All contents stored by you shall at all times remain the property of yours. You grant to VMT non-exclusive, world-wide license to the content only to the extent necessary for VMT to host the website. VMT uses the information it collects through the software features to upgrade or fix the software and otherwise improves the products and services. Additionally, You agree that VMT may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of VMT and its affiliates.

24) INDEMNITY: i) Client is solely responsible for the content stored in his folders on VMT's Servers and agrees that it shall defend, indemnify, save and hold VMT harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against VMT, its agents, its customers, officers and employees, that may arise or result from any content, service provided or performed or agreed to be performed or any product sold by Client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold VMT harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a VMT Server; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. ii) Client shall defend, indemnify, and hold harmless VMT, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by VMT (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents, or resulting from Your business operations or use of Software provided by VMT.

25) DISCLAIMER OF WARRANTY: i) The service is available to you “as-is whereas basis." You bear the risk of using it. VMT gives no express warranties, guarantees or conditions. VMT will make all reasonable efforts to provide uninterrupted access and hosting services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that VMT and its business partners disclaim all warranties including but not limited to express or implied, written or oral. VMT shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition, VMT shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. VMT does not warrant that hosting services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from VMT or through or from VMT shall create any warranty. VMT shall have no liability in this respect. VMT’s sole obligation and your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible. ii) VMT's infrastructure has been designed to prevent and minimize damage risks. However, no insurance is given expressly or implied hereby, and any damages incurred by Client due to disruption of service (including loss of connectivity, Server outages, data corruption or loss) by VMT or its provider or third parties is at Client's sole charge, and shall in all cases be expressly limited to the fees paid by Client to VMT for services in the corresponding period and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by Client.

26) LIMITATION & EXCLUSION OF REMEDIES AND DAMAGES: i) You agree that VMT shall not be liable for any suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; interruption of business; access delays or access interruptions to the website(s) provided through or by the services; loss or liability resulting from acts of god; data non-delivery, mis-delivery, corruption, destruction or other modification; events beyond the control of the primary service Provider or backend service Provider; or loss or liability resulting from the unauthorized use or misuse of their account identifier or password. ii) VMT’s aggregate liability arising from or relating to this agreement or maintenance, support or other service (regardless of the form of action or claim - e.g. Contract, warranty, tort, malpractice, and/or otherwise) will in no event exceed maximum amount paid by you to VMT while availing VMT’s service under this agreement. iii) VMT will not in any case be liable for any Special, incidental, consequential, indirect or punitive damages even if VMT has been advised of the possibility of such damages. VMT is not responsible for lost profits or revenue, loss of use of our service, loss of data, costs of re-creating lost data, the cost of any substitute equipment or program, or claims by you.

27) CONFIDENTIALITY: You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of VMT business (“Confidential Information”) in the course hereof. Confidential Information shall include; i) VMT services and plans for the Website ii) Specifications of VMT services and any future development plans iii) Concepts relating to VMT service not disclosed from the operation of the Website iv) Trade secrets of VMT v) Information derived from providing the Services when Website is in operation, including but not limited to: 1. identities, contact information and credit card information of users (if applicable) 2. Confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable).
All information received by you shall be kept confidential and you shall use the same degree of care as you use to protect its own confidential information. An item will not be considered to be confidential information if it is; (i) already available to the public other than by a breach of this Agreement; (ii) rightfully received from a third party not in breach of any obligation of confidentiality; (iv) proven to be already known to the recipient at the time of disclosure; or (v) produced in compliance with applicable law or a court order, provided you shall promptly notify VMT so as to enable VMT to seek a protective order or other appropriate remedy. You will return all the confidential information to VMT within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement.
Notwithstanding the forgoing, in the event VMT receives a validly issued administrative or judicial order, notice, warrant or other process that requires VMT to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.

28) PRIVACY: VMT and Client will mutually keep the data private and not share or reuse the other party's data, and put in place all normal reasonable security measures to protect each other's data, including corresponding NDA agreements with employees and contractors. Client recognizes that VMT can be required to provide data to legal authorities upon valid legal injunction, and to comply to such injunctions with or without Client's authorization or consent. Furthermore, Client understands there is no absolute security, and in order to limit consequences of any accidental exposure, Client agrees to not use the Hosting storage for data beyond the data required for the Hosting. Client authorizes VMT to backup and archive the Servers on-site and off-site, including Client's data and Sites for the purpose of continuous Hosting operations, and to maintain Server logs required for VMT's technical operations and legal compliance. This authorization does not imply that VMT must make or keep such backups, archives and logs. In case of suspected unauthorized use, or complaint, VMT can, but must not, inspect Client data and traffic for compliance check purposes, prior to his decision to take measures.

29) INTELLECTUAL PROPERTY RIGHTS: i) This service is owned by VMT Limited and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by VMT, including any trademarks, trade names, logos etc. ii) VMT owns and retains all ownership and proprietary rights relating to its services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Website and all software code and content relating to the Website, etc. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in this Agreement. During the term of this Agreement, VMT grants you, right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.

30) NON-COMPETE: During the term of this Agreement, and for a period of five years after the termination of this Agreement, You agree not to develop or create any program of its own that is comparable in functionality or would compete with VMT’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer VMT Materials or attempt to discover source code or other information concerning VMT Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from Software, or use any information learned from Software to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

31) GENERAL PROVISIONS: 1) Supersede - This Agreement supersedes all prior agreements and understandings (whether written or oral) between VMT and the Clients, or any of them, with respect to the subject matter hereof. 2) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted. 3) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. 4) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement. 5) Force Majeure: Either Party shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of God, fire, wars, sabotage, civil unrest, labor unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of the Party. 6) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 working days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Ambala, Haryana. The arbitration shall be conducted by a sole arbitrator to be mutually agreed by the parties. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration. 7) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing. 8) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Ambala, Haryana, 133001. India.

 

SOFTWARE LICENSE AND COMMON HOSTING AGREEMENT

THIS SOFTWARE LICENSE & HOSTING SERVICE AGREEMENT (the “Agreement”) is entered into between VMT Limited, having its registered Office at 126A, SA Tower, 02nd Floor, Bank Road , Ambala Cantt.133001 (hereinafter referred to as “LikeMe”, “VMT”, “Licensor”, “We”, “Our”), and Clients (hereinafter referred to as “Client”, “Licensee”, “vendor” or “Business Owner”, “advertiser” or “Goods and services provider”& “You”). VMT hereby grants the right to use its LikeMe Software Program and Hosting Services (hereinafter referred to as “Product and Service”) to the “Client”, and the client acknowledges and agrees to comply with all of these Terms and consent to the transmission of certain information during Activation and for internet-based features of the software and hosting service. If you do not Accept and comply with these terms, you may not use the software and hosting service.

1) USAGE POLICY: You will use the VMT’s Product and Service in a manner consistent with all local, states and Union regulations and laws. We reserve the right to suspend or cancel your access to any or all services provided by us when you are not in compliance to the terms of this agreement and/or we decide that your account has been inappropriately used.

2) DESCRIPTION OF SOFTWARE: This agreement applies to the most recent release of LikeMe software program. LikeMe Software (hereinafter referred as Software or LikeMe) is a one stop solution for retailers to manage customer feedback and digital marketing. It is an APP based platform/solution to manage customer reviews, take reviews, analysis and retarget customers. This Software has the features through which you yourself can customize your webpage. This software is available on mobile app. In this software you have the option of choosing the features which you want to use and pay only for those features as agreed between parties. This software will be accessible on compatible mobile devices.

3) TERMS OF USE: This agreement only gives you rights to use the Product and Service as per the features obtained and fee paid by you. You may use the Product and Service only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Product and Service that only allow you to use it in certain ways. Client has the exclusive right to use the Product and Service only for a license period or as per the rights granted under this agreement.
You may only use the software on a single computer/mobile device at one time and may do so only via a user interface connected directly to said single computer and not in any manner over a network, regardless of whether said network is a wide area network (WAN) or a local area network (LAN). You may NOT distribute copies of or documentation of the software to others. THE ACTUAL SOFTWARE PROGRAM COMPONENTS REMAIN THE PROPERTY OF VMT. You may not sell, lease, rent, or otherwise distribute and/or sub-license the Software, including the manuals and documentation of same, to another person at any price. It is illegal to make copies of the Software Program, or Components. The Software Program and Components are protected by the copyright laws pertaining to computer software. It is illegal to give copies of the Software Program, Components and Modules, or manuals and documentation of same to another person, or to duplicate the Software Program or Components and Modules by any other means, including electronic transmission. Software contains trade secrets and in order to protect such trade secrets you may not decompile, reverse engineer, disassemble, or otherwise reduce software program to human perceivable form. You may not modify, adapt, translate, rent, lease, or create derivative works based upon software program or any part thereof.

4) RIGHT TO USE: Upon execution of this Agreement, you are granted right to use the Product and Service in accordance with the terms of this Agreement.

5) CLIENT’S RESPONSIBILITIES: Effective use of Product and Service provided by VMT presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our Product and Service due to your lack of the requisite knowledge and skills.

6) USE OF LikeMe App: i) The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy of software only on one computer or compatible mobile device with which you acquired the software, for use by one person at a time, but only if you comply with all the terms of this agreement. You may not make the software available for simultaneous use by multiple users. VMT grants you the license to right to use the software only upon the receipt of license fees as determined by VMT from time to time. The necessary instructions for operating the software are mentioned in the user manual available in the software after successful login. ii) The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. VMT does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. You may not, however, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified. iii) VMT may use commercially reasonable efforts to provide corrections to Software error. Any other upgrades or enhancements to the Software are not made available by VMT as part of this agreement and may be subject to additional charges.

7) LICENSE OF LikeMe Software & Mobile APP: i) VMT grants you the license LikeMe software program only upon receipt of license fee as determined by VMT, from time to time, in according to the terms of this Agreement.

8) FEES: i) In consideration of VMT providing the Product and Service as specified in this agreement, you shall make the payment of fee as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms of this agreement. ii) Your right to use the Product and Service is limited to the license period. You may have the option to extend your Service upon paying of the requisite fees. If you extend your service, you may continue using the Product and Service until the end of your extended service period. After the expiration of the period, Product and Service will stop running on your computer. iii) VMT shall make best efforts to install & activate the product and services from the date of receipt of fee into its bank account (subject to delay due to technical malfunctions). However, VMT will not be liable in any manner for any delay in activating your contract. iv) You agree to pay the fee as specified in invoice copy. You may opt to pay the fees through (i) Cheque; (ii) Demand Draft; (iii) RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and (v) CCSI (Credit Card Standing Instruction) (Vi) Pocket, wallets/net banking (Vii) Online Payment thru PayU/Razorpay . VMT does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to VMT. v) In the event, if you fail to make any installments in time and as per the payment plan chosen by You, VMT may, in its sole discretion, suspend the services until necessary payments are made by you. The right of VMT to suspend the Service shall be without prejudice to VMT’s right to terminate the agreement, without any further notification vi) VMT shall be allowed to terminate the right to use the service to a particular licensor for non-payment of fees, for noncompliance, with any applicable rules, regulations or agreements regarding the use of the service or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. VMT will notify you of any such instance including the name of licensor and reason for termination. vii) If any cheques are dishonored due to insufficient of funds, VMT may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regard and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

9) ISSUANCE OF INVOICE: VMT will issue an invoice to you containing, inter-alia, the following details: a) Clients details b) License Fees c) Description of the features of Software, if required d) Type of access chosen by you (either webpage or App or both) if required.

10) TAXES: VMT is entitled to levy you for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections. You also agree that in the event the said taxes and charges are not charged by VMT the taxes shall be paid by you directly to the authorities concerned without raising any objection. You further agree that the taxes and charges payable under this Clause is in addition to the license fee paid by You for the Services rendered by VMT. The Taxes would include Service Tax & VAT (Value Added Tax) or other taxes as applicable.

11) COMMON HOSTING SERVICE: VMT agrees to host and maintain your webpage on its server(s) i.e. www.likeme.co.in/(business name), as outlined in this Agreement. VMT will take all reasonable precautions to implement data backup services on the data stored in your webpage. VMT agrees to monitor common hosting services and make sites available to Internet users. However, VMT is not responsible for unintentional damages or loss, either incidental or direct, caused by a loss of your information.
You shall acquire and maintain the Internet Protocol address and corresponding domain names for your webpage (if any). VMT may help you in obtaining the domain names or shared domain i.e.
www.likeme.co.in/(business name) and maintaining the same at additional cost decided by VMT from time to time. VMT shall execute the actions necessary to establish the address of your webpage, or to delete the address in the event your relationship is terminated or webpage cancelled in accordance with the rules, and regulations related to the product. VMT shall provide you the ability to access data on your Webpage and make changes with a password set by you. Your right to use the hosting service is limited for the period as per your subscription plan. You may have the option to extend your hosting service on paying of the fees. If you extend your hosting service, you may continue using the common hosting service until the end of your extended period. After the expiration of your period, common hosting service will stop. VMT reserves its right to charge the fees for the common hosting service, at any time, at its sole discretion, and the same shall be notified to client, in advance. All Web Hosting, Hosting plans and Web pages including the unlimited plans, are subject to a limitation prescribed by VMT time to time. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.
You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.

12) SERVICE/SUPPORT: a) VMT will use commercially reasonable efforts to make available VMT Support Center on Monday through Friday (09:00 AM to 05:00 PM) or during VMT's normal business hours, excluding VMT's scheduled holidays. VMT will provide you all the customer and technical support via support@likeme.co.in..However, our support services shall be limited to providing matter pertaining our software under this agreement not otherwise. b) We shall not provide technical support for any third-party products/software of any kind, incorporated by you into the website. On best effort basis, we will use all commercially reasonable means to resolve your issues in this Agreement. c) VMT will have no obligation to provide Maintenance Services for any Software that are damaged, modified (by anyone other than VMT), incorporated into other software, or installed in any computing environment not supported by VMT software program; or for any version of a software program other than the latest and immediately preceding version; or for any problems caused by your negligence, abuse, misuse, or by any causes beyond VMT's reasonable control.

13) REFUNDS POLICY: All fees paid by you to VMT are final and non-refundable. Until you terminate this Agreement, as specified in this agreement, you are responsible for paying the fee, regardless of whether you use our Product and Service or not.

14) NON-PERFORMANCE AND DELAYS: VMT shall not be liable for any loss or damage resulting from non-performance by VMT or its suppliers under this Agreement or from any delay in delivery of the Product and Service due to excellent or bad/poor rating, fire, labor unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, hacking, technical glitch or any other cause or causes beyond the control of VMT.

15) THIRD PARTY CONSULTANT: VMT will not be liable for any costs incurred as a result of Client, for any reason, employing the services of third-party consultant or other technical personnel.

16) TRANSFER: This agreement is non-transferable or assignable by the Client without the prior written consent of VMT.

17) FEES CHANGE: VMT reserves the right to increase/raise the fees, at its discretion. The fees will only become effective upon renewal of the order. For clarity, additional purchases of the service/ other features will be subject to the new pricing.

18) CLIENT’S OBLIGATION: i) You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the Software provided by VMT. ii) You shall be solely responsible and liable for any dispute arising out of your usage of our services. iii) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the LikeMe. VMT reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. iv) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our services. v) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by VMT, at its sole discretion. vi) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow VMT/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services. vii) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit your website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise. viii) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever. ix) You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using VMT services. x) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system. xi) You acknowledge that responsibility for all content provided by you to VMT for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that VMT will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content. xii) You before providing the details of services to the end user through (LikeMe), shall be liable to check all details of services/products, GST/any other tax rates applicable on each and every product sold or services provided by you.VMT shall not be liable for any error in any details of product/services, GST/any other tax rates in the services detailed on LikeMe Web portal xiii) VMT shall not be liable to update any changes in the GST/any other tax rates . You shall be liable to update the GST/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you. xiv) You acknowledge and agree that we may elect at its sole discretion to monitor the Content. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xv) You agree to use the Services for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Services is being used for illegal purposes, we shall immediately terminate the Agreement and the Services as per our discretion, without notice, in addition to any remedies to which it (VMT) may be entitled under law. xvi) Any attempt to undermine or cause harm to a server of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund. xviii) On the receipt of payment VMT grants you the right/access to install and run one copy of the LikeMe only on one computer/PC/Mobile device. For a single license You will use/install LikeMe only in one outlet and if you intent to utilize LikeMe for your another/additional outlet then you will have to make additional payment for availing LikeMe on the price/charges determined by VMT from time to time.
You acknowledge that you are not acquiring title to or any interest in any VMT Product and Service other than right to use the same. Your right to use of our Product and Service is conditioned upon your timely payment of the full amount of Fees due for Product and Service and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the Product and Service also expire and you may no longer use the Product and Service.
Client will not make any unauthorized, false, misleading, or illegal statements in connection with this Agreement or regarding the Product and Service. Client will not make any representations or warranties concerning the Product and Service on behalf of VMT.

19) DISCLAIMER OF WARRANTY: i) This Product and Service is available to you “as-is whereas basis." You bear the risk of using it. VMT gives no express warranties, guarantees or conditions. VMT will make all reasonable efforts to provide uninterrupted access and hosting services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that VMT and its business partners disclaim all warranties including but not limited to express or implied, written or oral. VMT shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition, VMT shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. VMT does not warrant that hosting services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from VMT or through or from VMT shall create any warranty. VMT shall have no liability in this respect. ii) VMT’s sole obligation and your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.

20) LIMITED WARRANTY: i) EXCEPT FOR THE ABOVE WARRANTY, THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES ARE PROVIDED "AS IS WHEREAS BASIS". THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IS ASSUMED BY CLIENT. NEITHER VMT, NOR AGENTS OF VMT, NOR THE CREATORS OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ii) THE LIABILITY OF VMT OR ANY AGENT OF VMT OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL VMT, OR ANY AGENT OF VMT, OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CLIENT.

21) INDEMNITY: You shall defend, indemnify, and hold harmless VMT, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by VMT (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: i) breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or ii) anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents. iii) or resulting from Your business operations or use of Software provided by VMT.

22) TERMINATION: i) The right to use our Product and Service hereunder shall continue subject to payment of fees as prescribed by VMT, time to time or unless and until terminated pursuant to Clause (ii) hereof and subject to your proper performance of its obligations hereunder. ii) VMT has the right to terminate this Agreement upon any material breach of terms and conditions by you. In the event of termination by client for any reason, VMT will not refund the amount paid by you. On termination you shall forthwith return or destroy all data, information and software program and its updated versions, and provide written intimation of the same to VMT. iii) You agree that any breach of one or more provisions of this Agreement that threatens to, or causes VMT substantial harm is a material breach. Furthermore, any breach of the confidentiality, or non-competition provisions by you, or failure to make payments, shall be considered material breaches. Furthermore, any conduct or negligence that adversely affects the business or good will and brand name of VMT will be considered a material breach VMT Under such circumstances shall terminate the agreement without any further notice. iv) Upon termination of this agreement, VMT shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

23) PROHIBITED ACTIVITIES: i) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or VMT's services. VMT shall be the sole arbiter as to what constitutes violation of this provision. ii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to; iii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iv) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; v) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vi) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. vii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to VMT's servers or to any other server on the Internet. ix) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk e-mail (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to VMT and/or any Client in any way. x) You’re sending any promotional emails/SMS to your consumers and VMT assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India. xi) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made there under. xii) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network of VMT, without the permission of VMT. xiii) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of VMT, without its permissions, and further shall not use the said devices for cheating by personating. xiv) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever; xv) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programs residing in such computer system or computer network. xvi) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means. xvii) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. xviii) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. VMT shall have the right, but not the obligation, to remove the Content which is deemed, in VMT’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xix) You are strictly prohibited from installing any third-party software on our services without the express written authorization of VMT. In the event that you install third party software on VMT’s servers without the express written authorization of VMT, VMT at its discretion shall have the right to terminate the Services without any notice.
You may not copy or use any Software program in any manner that is not expressly allowed under this agreement; You may not use our Software program or its output to develop or enhance any product that competes with a VMT software; You may not disclose the results of any benchmarking of a Software program (whether or not the results were obtained with assistance from VMT) to any third party; or You may not use a Software program in the development of any product if the failure or malfunction of that product could reasonably be expected to result in personal injury, death, or catastrophic loss.
You are prohibited to use, publish, email, reproduce, disclose, furnish, reveal, communicate, transfer or make accessible to any other person for any purpose any information that you encounter, acquire or learn about in connection with this agreement and VMT has not given you written authorization to disclose or made available to the public, except as needed in the course of and for the benefit of the client. You are not indulging in any kind of piracy of software and also unauthorized, copying, downloading, sharing, selling, distribution or installing multiple copies onto personal or work computers of copyrighted software.
You are strictly prohibited from installing any third-party software on our program without the express written authorization of VMT. In the event that you install third party software on VMT’s servers without the express written authorization of VMT, VMT at its discretion shall have the right to terminate the Services without any notice.
You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the VMT’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to VMT immediately upon demand damages suffered by VMT directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the “BANNED PRODUCTS & SERVICES"

24) CONTENT OWNERSHIP: i) VMT maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the rights of ownership and use of his own domain name(s) even if Client changes VMT. In case of disputes regarding authority over domain names, VMT will follow industry standard practice of giving ultimate authority to the domain name registrant. VMT maintain control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and or provided by VMT. ii) All contents stored by you shall at all times remain the property of yours. You grant to VMT non-exclusive, world-wide license to the content only to the extent necessary for VMT to host the website. VMT uses the information it collects through the software features to upgrade or fix the software and otherwise improves the products and services. Additionally, you agree that VMT may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of VMT and its affiliates.

25) NON-COMPETE: During the term of this Agreement, and for a period of 5 (five) years after the termination of this Agreement, you agree not to develop or create any program of its own that is comparable in functionality or would compete with VMT’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer VMT Materials or attempt to discover source code or other information concerning VMT Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from LikeMe, or use any information learned from LikeMe to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

26) CONFIDENTIALITY: You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of VMT’s business (“Confidential Information”) in the course hereof. Confidential Information shall include; i) VMT software program and plans for the Website ii) Specifications of VMT’s software program and any future development plans iii) Concepts relating to VMT software program not disclosed from the operation of the Website iv) Trade secrets of VMT v) Information derived from providing the Services when Website is in operation, including but not limited to: 1) identities, contact information and credit card information of users (if applicable) 2) confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable) ii) Notwithstanding the forgoing, this confidentiality obligation shall not apply to any information which is already known to the public or produced in compliance with applicable law or a court order, provided you shall promptly notify VMT so as to enable VMT to seek a protective order or other appropriate remedy. You will return all the confidential information to VMT within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement
Notwithstanding the forgoing, in the event VMT receives a validly issued administrative or judicial order, notice, warrant or other process that requires VMT to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.

27) PRIVACY: VMT and Client will mutually keep the data private and not share or reuse the other party's data, and put in place all normal reasonable security measures to protect each other's data, including corresponding NDA agreements with employees and contractors. Client recognizes that VMT can be required to provide data to legal authorities upon valid legal injunction, and to comply to such injunctions with or without Client's authorization or consent. Furthermore, Client understands there is no absolute security, and in order to limit consequences of any accidental exposure, Client agrees to not use the Hosting storage for data beyond the data required for the Hosting. Client authorizes VMT to backup and archive the Servers on-site and off-site, including Client's data and Sites for the purpose of continuous Hosting operations, and to maintain Server logs required for VMT's technical operations and legal compliance. This authorization does not imply that VMT must make or keep such backups, archives and logs. In case of suspected unauthorized use, or complaint, VMT can, but must not, inspect Client data and traffic for compliance check purposes, prior to his decision to take measures.

28) SECURITY: Client has taken adequate encryption and security measures to maintain its computer resources secured under this agreement. You must ensure that you use the software through a secure network that requires a protective security safeguard. You shall comply with the security standards, as prescribed by the governments and implements the security management and procedures, network architecture, software design, and other critical protective measures to protect data and information.
You shall be solely responsible for undertaking measures to: i) prevent any loss or damage to your website or server content; ii) maintain independent archival and backup copies of your website or server content; and iii) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. iv) we shall have no liability to you or any other person for loss, damage or destruction of any of your content. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically, by way of example and not as a limitation, you shall not use the Services as: i) a repository or instrument for placing or storing archived files; and/or ii) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account. Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your Server, or anything that causes Server malfunction. Failure to comply is subject to immediate account deactivation.

29) CENSORSHIP:VMT will exercise no control whatsoever over the content of the information passing through the network, email or website.

30) AUDIT AND COMPLIANCE: VMT may audit (using its own employees and those of an independent auditing firm that is subject to appropriate confidentiality obligations) your use of the Software and Documentation to verify your compliance with this agreement. You agree to give VMT (or the auditing firm) reasonable access to your facilities and records for purposes of conducting these audits. VMT will give you reasonable advance notice before conducting an audit. Audits will be conducted during normal business hours and no more than once per year, unless VMT has a good-faith basis for believing that more frequent audits are warranted. VMT will bear all the costs it incurs (including the fees and expenses of the auditing firm, if any) in conducting an audit, unless the audit reveals that you have failed to comply with this agreement in a material way, in which case you agree to reimburse VMT for these costs, in addition to other Damages.

31) INTELLECTUAL PROPERTY RIGHTS: This Software is owned by VMT and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by VMT, including any trademarks, trade names, logos etc. ii) VMT owns and retains all ownership and proprietary rights relating to services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Services and all software code and content relating to the Services etc. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in this Agreement. During the term of this Agreement, VMT grants you, a right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.

32) MISCELLANEOUS: i) No Guarantee of Business: VMT does not guarantee that by installing and using of this software, your business/profit will increase. ii) No Marketing: VMT is not obliged and does not promote your business. VMT’s obligation under the Contract is limited to the obligations of providing access to software upon the receipt of requisite payment from your end. iii) Entire Agreement: This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, regarding the Software. iv) Supersession- This Agreement supersedes all prior agreements and understandings (whether written or oral) between VMT and the Clients, or any of them, with respect to the subject matter hereof. v) Amendment – VMT is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. It shall be your sole responsibility to visit VMT or LIKEME Website and update himself / herself of the changes to the Terms of Service. vi) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted. vii) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. viii) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement. ix) Force Majeure: VMT shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, hacking, virus prone, technical glitch, defacement, sabotage, stoppage of display or transmission of the website, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control. x) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) working days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Ambala, Haryana. The arbitration shall be conducted by a sole arbitrator to be appointed by VMT at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration. xi) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing. xii) Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the addresses as mentioned in the title to this document. Notices may also be sent through emails. xiii) Non-Exclusive Right: It is expressly agreed and understood between the parties hereto that this Agreement is on a non-exclusive basis and VMT is free to provide similar services to third party. xiv) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Ambala, Haryana, India.

 

TERMS OF SERVICE FOR LISTING SERVICES

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made there under. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of VMT’s service via VMT Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

  • This Terms Of Service guides the contractual relation between Vendors (hereinafter called as "Vendor"/"Service Provider", "You", “Licensee”, “Business Owner”, “advertiser” or “Goods and services provider” or "Your") and (hereinafter called as VMT or LikeMe,) and it governs the services offered by VMT through its website (www.vasmobitech.com or www.likeme.co.in), phone Search, SMS, WAP, APP or any other medium (collectively called "Portals" ). VMT offers you its services only on the Terms and any amendments made under this Terms of Service. VMT’s endeavor will be to send the Terms of Service to you on your registered email ID and/or mobile number via Emails/Sms/WhatsApp and the same is also published on LikeMe’s website https://likeme.co.in/terms-business.By using the service you agree to the terms and conditions of LikeMe. If you do not agree to terms and conditions, you may not use the service.

 

1. INTRODUCTION:

The Services (defined hereinafter) of LikeMe is provided by VMT Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 126-A, SA Towers, 02nd Floor,  Bank Road, Ambala Cantt.133001. The LikeMe APP with its QR Code integration is designed to help businesses get more online reviews. It is a platform which socializes your firm in digital world, helps you connect with customers and in turn improves your sales and revenue. It gets business reviews and on other social pages from customers and increases your business’s visibility and ranking on social media and gives you a webpage LikeMe is available to users through APP and LikeMe Webpage. LikeMe is merely a medium which facilitates general public to give reviews for vendor's goods and services. However, at the same time LikeMe does not intend to guarantee any business to Vendors. The Vendor details as provided by them are specified in the webpage provided to them by LikeMe. LikeMe’s objective is to provide a medium for end user to give reviews and vendor a medium to review the feedback and reach out to customers. The end users ("hereinafter referred as Users") of the Service are persons who purchase goods / avail services and are seeking information about the Vendors of such goods and services. These Terms of Service (defined below) and the invoice mentioned in Clause 13 constitute the entire understanding/Contract) between LikeMe and the Vendors.

 

2. INTERPRETATION:

  1. Contract means this Terms of Service together with all Schedules and Annexures (if any);
  2. References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
  3. The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;
  4. The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;
  5. Any grammatical form of a defined term herein shall have the same meaning as that of such term; and the words "including" and "includes" herein shall always mean "including, without limitation" and "includes, without limitation", respectively.

3. SUBSCRIPTION:

Vendors may be business houses, restaurants, retail units small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Services of LikeMe. LikeMe will facilitate review collection and analysis. Vendor agrees and acknowledges that LikeMe does not guarantee any business to the vendor and is merely a medium through which information and feedback is taken from users and made available to the general public.

4. GENERAL TERMS:

  1. (i) This Terms of Service, including any Invoice, Annexure etc. together will be referred as "Contract/ Terms of Service". This Terms of Service will override any previous understanding (whether written or oral) between the Vendor and VMT on the subject matter hereof. The Terms Of Service shall be valid and effective for six (6) months or more from the Effective Date unless otherwise agreed by the parties and in accordance with the terms of Service subject to the timely receipt of the payment. The Service would automatically stand renewed unless (a) the Vendor intimates VMT by prior written notice (either by email or through registered post) at least 1 (One) month before the expiry of the purchased tenure, expressing their intention not to renew the Service or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Vendor as to non-renewal after the expiry of the 6 Months (Six) tenure or unless terminated earlier by either Party, the Service would stand automatically renewed on terms specified herein. By agreeing to the terms of the Contract, the Vendor shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. VMT is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Vendors. It shall be the sole responsibility of the Vendors to visit the Website and update themselves of the modifications/changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Vendor.
  2. Subject to terms set out in Clause above, it is clarified that the automatic renewal of the Service will also be subject to sufficient credit balance of Vendor being available in the Vendor's account with VMT. It is further clarified that in ECS/ CCSI mandate should be active and the payment should be honored on the stipulated date for the purposes of renewal of the Service.
  3. The automatic renewal of the Service is subject to the absolute discretion of VMT. The amount mentioned in the Invoice along with any other document which forms a part of this Terms of Service, Total Fee is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of VMT. The Vendor’s by making the payment as raised in the invoice confirms the acceptance of Terms of Service as set out herein, for availing the service from VMT.
  4. The vendor hereby authorizes that upon the execution of ECS / CCSI MANDATE VMT is authorized to DEDUCT minimum of purchased plan minus one month’s ECS, thereafter Vendor has the option of terminating the Service. The Vendor shall only terminate the Service upon the completion of minimum tenure of purchased plan minus one month from effective date which can be terminated by giving prior 1(One) months written notice (either by email or through registered post) to its bill due date, expressing intentions of discontinuing the Services.
  5. Notwithstanding anything contained anywhere in this contract, The Vendor undertakes that if any concession is availed by Vendor while availing VMT services it shall be under obligation to honor the payment (through any mode as opted) under any circumstances for the total tenure of the services as availed by the Vendor subject to terms of service as mentioned in this document. The Vendor hereby authorizes that upon the execution of ECS / CCSI MANDATE VMT is authorized to DEDUCT the ECS/CCSI or any other payment mode for the total tenure as per the services availed especially where concession is availed by Vendor.
  6. In respect subscription to any plan, where the payment mode and manner opted by the Vendor is Electronic Clearing Service (ECS) or Credit Card Standing Instruction (CCSI), the Service would be automatically renewed as mentioned in Clause 4 of these Terms, however such automatic renewal is subject to the condition that same will be so renewed at revised values (commercials) as existing on the date of automatic renewal and on such other terms as may be determined solely by LikeMe. Notwithstanding anything contained in this Term of Service, the automatic renewal and the terms of such renewal will be at the absolute discretion of VMT.
  7. It is clarified that, irrespective of whether the Vendor has registered or not registered their entity/ firm’s contact numbers in the "Do Not Call" registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon acceptance of the Terms Of Service, the Vendor would be deemed to have given their consent and authorized VMT to share the Vendor’s details and contact numbers for business and promotional purpose with Users of the Service and for other business purposes of VMT. Further the Vendor, by accepting the Terms of Service, has given his consent to VMT to contact him for any business promotion of VMT. The Vendor confirms that Vendor shall carry out all the obligations as specified in the Terms of Service. The Vendor also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Vendor. In the event the Users are unable to contact the Vendor it would not be deemed to any deficiency in the Services rendered by VMT. The Vendor undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or VMT will not face any difficulty in contacting the Vendors.

5. INFORMATION DISSEMINATION:

VMT may disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS, Whatsapp, email and other electronic media.VMT may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.

6. VENDOR QR Code & Webpage:

This refers to the various kinds of Services that can be selected by the Vendor. LikeMe provides the following Plans (a) Trail and Trail Plus(b) Standard and Standard Plus(c) Super Saver and super saver plus(d) Other Services as may be introduced by LikeMe from time to time and or as mentioned in the invoice or the proposal forms as the case may be.

 

a) Trail Plan and Trail Plus

The vendor gets QR code for collecting reviews which is active for 6 months and access to LikeMe App. In the event vendor wish to change/add any details, name, working hours, photos in APP or in webpage etc., it will be done without any additional cost and they can customize themselves using the LikeMe App without any support required from LikeMe support team. However, in case they need additional QR Code, they need to connect support@likeme.co.in  to get new LikeMe QR Code for new business. The final decision-making power with regard to any plan and modifications shall however vest with LikeMe and such decision shall be final and binding on the business owner. The Vendor acknowledges that review ratings will dependent on the Quality of service provided by the business owner and LikeMe does not guarantee on the numbers of review, positive reviews and negative reviews.

 

Trail Plus Plan

Under this package goods and service provider gets all benefits listed for Trail Plan and an additional webpage for the 6(six) Months or until he pays for the services. The webpage can be customized using LikeMe business App only.

 

b) Standard Plan and Standard Plus Plan

The vendor gets QR code for collecting reviews which is active for 12 (twelve) months and access to LikeMe App. In the event vendor wish to change/add any details, name, working hours, photos in APP or in webpage etc., it will be done without any additional cost and they can customize themselves using the LikeMe App without any support required from LikeMe support team. However, in case they need additional QR Code, they need to connect support@likeme.co.in  to get new LikeMe QR Code for new business. The final decision-making power with regard to any plan and modifications shall however vest with LikeMe and such decision shall be final and binding on the business owner. The Vendor acknowledges that review ratings will dependent on the Quality of service provided by the business owner and LikeMe does not guarantee on the numbers of review, positive reviews and negative reviews.

 

 

Standard Plus Plan

Under this package goods and service provider gets all benefits listed for Standard Plan and an additional webpage for the 12(twelve) Months or until he pays for the services. The webpage can be customized using LikeMe App only.

 

c) Super Saver Plan and Super Saver Plus Plan

The vendor gets QR code for collecting reviews which is active for 24 (twenty-four) months and access to LikeMe business App. In the event vendor wish to change/add any details, name, working hours, photos in APP or in webpage etc., it will be done without any additional cost and they can customize themselves using the LikeMe App without any support required from LikeMe support team. However, in case they need additional QR Code, they need to connect support@likeme.co.in  to get new LikeMe QR Code for new business. The final decision-making power with regard to any plan and modifications shall however vest with LikeMe and such decision shall be final and binding on the business owner. The Vendor acknowledges that review ratings will dependent on the Quality of service provided by the business owner and LikeMe does not guarantee on the numbers of review, positive reviews and negative reviews.

 

Super Saver Plus Plan

Under this package goods and service provider gets all benefits listed for Super Saver Plan and an additional webpage for the 24(Twenty-Four) Months or until he pays for the services. The webpage can be customized using LikeMe App only.

 

 

9. LISTING/ SERVICE AND OTHER FEES: 

  1. The Vendor agrees/undertakes to pay advance and non-refundable Listing/Service Fee and other applicable charges/fees for any additional feature/upgraded services /facility etc. as availed by the vendor from time to time. The applicable charges/commercials will be determined by VMT at its sole discretion. VMT on the receipt of such fees from the Vendor, will send the e-invoice to the registered mobile number or email ID of the respective Vendor or their authorized person on their registered contact details. VMT reserves its right to recover such applicable fees, cost, expenses and taxes etc. from time to time. Vendors agrees/understands that VMT may present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments & to provide uninterrupted services.
  2. The vendor/service provider can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy instalments payment options as available. If vendor/service provider opts to pay the fee/consideration by paying instalments, under such payment schemes, the vendor/service provider shall be liable to pay to VMT the initial amount (including applicable Tax), at the time of registration of listing services and the balance payment can be paid through the various payment modes such as ECS (Electronic Clearing Service); CCSI (Credit Card Standing Instruction) & NACH (National Automated Clearing House). It is hereby clarified that the services shall only be activated once the first ECS/ CCSI/ NACH payment is credited on VMT’s account as per the payment plan or the payment as received for the services/products as availed. Under no circumstances shall VMT be liable to make any refund any amount as paid by vendor/service provider on account of deactivation/non-activation of services due to non-receipt of any payment through ECS/ CCSI/ NACH/Cheques etc. VMT reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals at https://likeme.co.in/terms-business with or without notice to you. Vendor/Service Provider are advised to check the Terms at regular interval to received uninterrupted services.
  3. The vendors shall furnish the KYC documents or any other documents, as may be required by VMT, on or before the first ECS/ CCSI/ NACH clearance. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving license; (3) Voter's Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card. In addition to aforesaid, the vendors also need to furnish the documents relating to the business listing such as, Certificate of incorporation, PAN Cards of the company, Registration certificate, GST certificate, Shop & Establishment certificate, or any other Government certificate issued to running their business.

10. PAYMENT MODES:

  1. VMT allows the Vendor to make the payments for the Services, including the payment of the Service/Listing Fee, i.e., the Total Fee excluding Service Fee/ Subscription Fee by way any of the following modes:
    1. Cheque;
    2. Demand Draft;
    3. RTGS (Real Time Gross Settlement);
    4. ECS (Electronic Clearing Service);
    5. CCSI (Credit Card Standing Instruction);
    6. NACH (National Automated Clearing House)
    7. Net Banking/Wallets/UPI etc.
    8. Online thru Payment link of PayU & Razorpay.
  2. It is hereby clarified that VMT does not encourage/prefer that payments be made in cash. Any cash payments made by the Vendor pursuant to Terms of Service with VMT, shall be at the sole risk of the Vendor, without any recourse to VMT. Vendors shall not share to any employee of VMT Limited any banking related information or any information that is considered to be sensitive personal information within the meaning of Information Technology Act, 2000 as amended or any other law for the time being in force.
  3. Payments can be made by the Vendor either weekly, fortnightly, monthly, quarterly and half-yearly as directed by VMT. VMT shall make best efforts to activate the Terms Of Service within 14 (Fourteen) working days from the date of receipt of the Service Fee and relevant documents into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However, VMT will not be liable in any manner for any delay in activating the Service of Vendor.

 

11. CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:

  1. The Vendor hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 10 of these Terms. Any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881 including other appropriate legal proceedings to recover its just dues. The Vendor shall also be liable to pay interest @18 % per annum during that period. VMT reserve its right to recover to recover its just dues as per the services or the packages availed by the Vendor.
  2. In the event if the Vendor fails to make any payment for the services as availed, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, VMT may also, in its sole discretion, suspend the Vendor’s Listing or access to the Service, as the case may be, until the Vendor makes necessary payments. Further, the Vendor agrees and acknowledges that the Vendor shall be deemed to have waived his rights to the Service and the Vendor's listing for the period during which the Service and the Listing is suspended for non-payment. The right of VMT to determine the listing, suspend the Service and the Listing shall be without prejudice to VMT’s right to terminate the services for any material breach committed by the Vendor. Vendor hereby acknowledges that the opted position/listing will be released to other Vendors in the event of non-payment of Service fee or ECS amount without any notice/intimation from VMT.

 

 

 

12. LUMP SUM PAYMENT MODE: 

Vendors who pay the lump sum amount while availing the services under such payment mode the tenure of the Service will be equivalent to the amount paid by the Vendor.

13. ISSUANCE OF INVOICE/ANNEXURES: 

  1. On receipt of the consideration, the services shall be activated. Once the services are activated VMT shares the invoice to the Vendors on their registered email ID and/or mobile number via email/SMS& other electronic modes along with an invoice & other details as may be required.
  2. Invoice is valid subject to timely realization of the payment.

14. PRIORITY of Submission of feedback: 

For VMT, providing user a platform to submit the feedback is the priority. The review and rating given will depend on the services, product(s), hospitality etc etc provided by the vendor. The Vendor acknowledges that VMT will merely act as interface or platform to receive the business reviews; we do not guarantee positive reviews and negative reviews or number of reviews.

15. NO GUARANTEE OF BUSINESS: 

VMT does not guarantee that enquiries/leads will be generated/revenue will be increased by it for the Vendor or that any of such enquiries/leads will be converted into business for the Vendor.

16. NO MARKETING: 

VMT is not obliged and does not market the offerings of Vendor and shall not be obliged to recommend Vendor to the Users. VMT’s obligation under the contract is limited to the obligations explicitly set out herein and in no event does VMT undertake to generate or guarantee Enquiries or business to the Vendor.

17. INDEMNIFICATION: 

Vendor shall defend, indemnify, and hold harmless VMT, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses (without limitation to reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with:

  1. breach of any provision or non-performance of any of its obligations under this Terms of Service;
  2. by reason of any infringement of third-party rights (including intellectual property rights);
  3. any representation and warranty given by Vendor under this Terms of Service being found to be untrue, false or incorrect; or
  4. anything done or omitted to be done due to gross negligence, willful default or willful misconduct of the Vendor or any of its officers, directors, employees or agents or
  5. any third-party claims or liability arising out of or related to Vendors' Ads or Services.

 

18. CONFIDENTIALITY AND RELATED OBLIGATIONS: 

The Vendor shall keep any information regarding the Users of the Service ("User Information") confidential both, during the subsistence of this Terms Of Service and after its termination. The Vendor shall not, without the prior written consent of VMT, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Vendor is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event VMT is made aware of any such practice of the Vendor in violation of the terms of this Terms Of Service, VMT shall be entitled to terminate the Services as well as initiate such legal proceedings against the Vendor, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.

19. VENDORS’ OBLIGATIONS TOWARDS END USERS: 

  1. The vendor shall be responsible for any delivery, after-sales service, payment, invoicing or collection, sales enquiries, support maintenance services and/or any other obligations or services relating to or in respect of the Products/services provided by Vendors to end users. Such services shall be the sole responsibility of the Vendor/vendors.
  2. If any dispute raised by the End Users regarding the products/services, the vendor shall be obliged, forthwith, either to take back or withdraw defective goods or to withdraw or discontinue deficient services, or if fails to rectify defective goods or deficient services, then to refund the consideration within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of Two days;
  3. In the event vendor is unable to resolve the grievances of any End User as per the satisfaction of End User, then VMT as per its discretion reserves the right to suspend the services/terminate the services or take any other measures as it may deem fit and proper.
  4. The vendor acknowledges and accepts that vendor is solely responsible (i) for falsely describing its product or service; or (ii) to give a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) to deliberately conceals important information in relation to any product or service; or (iv) for falsely representing about the standard, quality, quantity, grade, composition, style or model of goods/products; or (v) for falsely represents about the standard, quality or grade of services; or (vi) for falsely representing any re-built, second-hand, renovated, reconditioned or old goods as new goods; or (vii) for falsely representing about the sponsorship, approval, performance, characteristics, accessories, uses or benefits of goods or services; or (viii) for falsely representing about the sponsorship or approval or affiliation; or (ix) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; or (x) gives to the public any false warranty or guarantee of the performance, efficacy or length of life of a product or of any goods: or (xi) gives false or misleading facts disparaging the goods, services or trade; or (xii) for the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods; (vi) for manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services; (vii) for not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed; (ix) for disclosing to other person any personal information given in confidence by the user/consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force.
  5. The vendors shall be solely responsible for the accuracy of all information and/or validity of the Prices and any other charges and/or other information relating to the Products and/or services. The vendors shall be solely responsible for the price to be charged by them in accordance with law time being in force.

20.VENDORS’ OBLIGATIONS TOWARDS VMT: 

  1. The vendor acknowledges that it shall be solely responsible for all materials/information and its use of VMT's services. The Vendor/vendor agrees that nothing in its Materials/information or its use of the Services will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. The vendor is solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on its behalf in connection with this contract. The Vendor/vendor will ensure that it's complying with all applicable Law, including Law related to data protection and privacy.
  2. The vendor acknowledges that VMT is basically platform to enable business reviews and digital marketing. It is the vendor responsibility to deliver the goods & services and maintain the quality whose business is listed on VMT's platform.
  3. The vendor acknowledges that VMT is not responsible for the goods or services, or any dispute between the vendors & end users. It is the responsibility of the vendors to resolve any dispute or claim raised by end users.
  4. The vendor acknowledges that VMT warrants that any proof of verification of products and services listed it will be made available to VMT.
  5. The vendor acknowledges that VMT shall also not be responsible for any non-fulfilment of any Products/Services mentioned or sold by the sellers/vendors to the end users. All risks associated with the delivery/fulfilment of the Products/Services, quality and after service shall be solely that of the Vendors. Any and all disputes regarding quality, merchantability, non-delivery/non-fulfilment and delay in delivery/fulfilment of the Products/services or otherwise will be dealt with by and between the Vendors directly and End users and VMT shall not be made party to such disputes. The Vendors shall hold VMT saved and harmless from any such actions or claims that may be initiated against it. The vendors shall also indemnify and hold indemnified VMT at all times against all such actions and claims.
  6. The vendor acknowledges that VMT shall not be responsible for any fault, imperfection, shortcoming or inadequacy in the quality, quantity, potency, purity or standard or nature and manner of performance of any product or of any goods/services, sold by sellers/Vendors listed with VMT’s directory service, which is required to be maintained by or under any law.
  7. The vendor acknowledges and accepts that it restrains itself from: (i) unreasonable security deposits from end users for the performance of contractual obligations; or (ii) imposing any unreasonable penalty on the end users, for the breach of contract; or (iii) refusing to accept early repayment of debts on payment of applicable penalty; or (iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or (v) permitting or has the effect of permitting one party to assign the contract to the detriment of the end users, without his consent; or (vi) imposing on the end users any unreasonable charge, obligation or condition; or (vii) manipulation of price or its conditions of delivery or to affect flow of supplies with intent to impose unjustified costs or restrictions.

21.VENDORS’ GENERAL OBLIGATIONS:

  1. Vendor represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to VMT; (ii) it has the rights to use the trademarks; (iii) the business carried on by vendor does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and (iv) all information provided about itself (Vendor) to VMT, is and shall at all times be accurate, valid and complete; (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Vendor to VMT) to VMT.(vi) Vendor shall not have right to terminate the Service upto five(5)  months from the date of activation of the Service. For the purpose of clarity, it is agreed between the parties that VMT will not be liable to refund any ECS amount which has been deducted during the validity of the contract.
  2. Additional Covenants
    1. The vendor acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Service remains in force and that VMT will not entertain such grievances post-expiry or termination of the Service;
    2. Vendor accepts that it is his/her responsibility to update contact information, information pertaining to its products/services using the online edit option available in their listing and keep VMT updated in this regard. In the event the relevant information is not updated accurately, the Vendor would, by default, be bound by the explanation or description of the product/service or any other details of the vendor communicated by VMT to the Users or any other third party;
    3. Vendor hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Vendor) and the User;
    4. The Vendor undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, aadhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc., as required by it (Vendor) to run the business. The vendor acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the services by VMT, at its sole discretion. Vendor further acknowledges that vendor shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by vendor from delay in activation of services, non-activation of services or termination of the services due to their (Vendor’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to VMT. It is further acknowledged by a vendor that VMT will be at no obligation to follow-up with vendor for the documents as mentioned herein and it will be vendor’s sole responsibility including but not limited to share/upload all the relevant documents confirming their identity, address and business registration details with VMT.
    5. Vendor hereby agrees and undertakes that during the term of this Contract and after its termination of this Contract (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of VMT’s enquiries/leads. Any such conduct by vendor will lead to an immediate termination of the services and VMT at its discretion will initiate proceedings against vendor before appropriate forum.
    6. Vendor hereby agrees and confirms that during the term of this Contract and after its termination (for any reason), vendor will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of VMT’s employees, business or prospective users/callers. Vendor shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Vendor directly or promoting its services by any means whereby user is motivated to not to use the VMT website/services or to use the Vendor website/services directly. Any conduct by vendor that in VMT’s discretion restricts or inhibits any other user/customer from using or enjoying the VMT services will not be permitted. During the term of this Contract and for 5 (five) years after any termination of this Contract, Vendor will not directly or indirectly, in any capacity: -
      1. solicit any users of VMT by means of providing discounts, gift coupons etc. in the event users uses the website of vendor directly.
      2. divert, entice, or otherwise take away from VMT the business of any user/customer, or attempt to do so, or
      3. solicit or induce any user/customer to divert or reduce its relationship with the VMT. Vendor will not, and will not authorize any third party to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews etc.; conceal enquiries, conversions for Service where they are required to be disclosed or use any automated means or form of scraping or data extraction to access, query or otherwise collect service-related information from any Property except as expressly permitted by VMT. Vendor will direct communications regarding Service under the Term of Service only to VMT.
    7. It is vendor's sole responsibility to keep his id/password/login id safely so that no one can misuse it and do the changes in the listing visible on VMT portals to cause any wrongful harm to VMT or its users. Vendor represents that in event the loss is caused due to negligence of vendor, such as where he has shared the payment credentials, OTP details etc., then vendor will bear the entire loss and VMT shall not be responsible for the same.

 

 

 

22. DISCLAIMER AND LIMITATION OF LIABILITY:

To the fullest extent permitted by law, VMT disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, VMT disclaims all guarantees regarding accurate Listing of the Vendor. Vendor understands that there may be errors in such positioning. Neither VMT nor the Vendor will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for vendor's indemnification obligation. VMT's aggregate liability to the vendor is limited to amounts paid to VMT by vendor during the 12 (twelve) months immediately preceding the date of the claim. VMT is also not liable for any claim owing to any misrepresentation of the information pertaining to the Vendor so long as the information exhibited/ communicated by VMT conforms to the Information made available by the vendor or its authorized representative.

23. ADDITIONAL DISCLAIMER:

  1. Vendor confirms that it will be solely responsible and liable for all matters between User and the Vendor, including but not limited to transactions entered into between such User and the Vendor. Further, it is hereby declared that VMT does not verify the identity of the User of the Service and that the information provided to Vendors is the information received from the User and will not be independently verified by VMT.
  2. In the event of receipt of any complaints from the Users regarding the Vendor or Vendor’s product/service, VMT reserves the right to discontinue the provision of Service to the Vendor or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Term, VMT may also forfeit the amount lying to the credit of such Vendor and terminate the services at its sole discretion.
  3. Vendor also agrees that at no time shall VMT vouch for or guarantee the performance of services or delivery of products by the vendor and VMT will not be liable for any non-payment of amounts due to the vendor by any User.

24. DISPUTE RESOLUTION:

  1. If the dispute raised by the Vendor regarding the defective or deficient services, VMT shall be obliged, forthwith, to repair or to remove the defects in products or deficiencies in the services in question or to replace or maintain the products with new products of similar description which shall be free from any defect. Provided that VMT shall not be liable to refund, if the Vendor: (i) act of omission or commission or negligence or conscious withholding any information, incomplete, and inaccurate information; (ii) does not follow the instructions or warnings issues by VMT; (iii) has misused, altered, or modified the product ; (iv) fails to inform VMT about the defective products or deficient services, within the period of 48 hrs., from the receipt of such products/services;(v) VMT provides the products/services as per Term of Service.
  2. Additionally, if VMT is providing defective or deficient services evidently, due to any system error, technical issue, human error or any other acts or omissions which is beyond its control, during the tenure of the contract, then it will not be considered as material breach of the terms of this contract. In such events, Vendor will bring it to the notice of VMT and thereafter VMT will conduct necessary investigation and based on the outcome of investigation may extend the services for equivalent days without any additional cost to vendor or provide other alternate solutions. The calculation of such extended period will be from the date of receipt of such intimation by VMT from vendor. However, VMT will have all the rights to give the details/information/system generated report evidencing that there were no default on the part of the VMT, hence VMT is not responsible for the extension of the services or any other alternate solutions. As mentioned under this clause, it will be the Vendor sole and exclusive remedy in the event of VMT’s failure to perform the services as specified under this contract.
  3. Any complaints or concerns with regard to content and or comment or breach of these terms, you can email to us at support@likeme.co.in, with brief details of your complaint. Our customer service staff will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.

25. TERMINATION:

  1. The term of this Contract begins upon Vendor’s registration or use of the Services and will end when terminated by any party (the "Term"). The Vendor may only terminate the Service, by giving 1(One) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.
  2. VMT reserves the right to terminate the Service at any time, either with or without cause. If the Vendor commits a breach of a material duty owed to VMT, VMT may, at its discretion, call upon the vendor to rectify the breach within 7 (Seven) days of the receipt of notice, failing which VMT may terminate the relationship between Vendor and VMT.
  3. Upon termination of the Service, VMT will not be bound to delist the Vendor as a Vendor and cease disseminating Information of the Vendor to the Users. However, upon termination, VMT shall have the right to delist the Vendor without prior intimation thereof to the vendor.
  4. In case of any technical difficulties in continuing the services, VMT reserves the right to terminate the services by giving written/oral intimation to the vendor.
  5. If the Vendor terminates the Service, either by efflux of time or by determination under this Terms of Service, the balance of the deposit placed by the vendor with VMT, if any, (after deducting payments for the period/tenure for which Services have already been provided by VMT) shall be retained by VMT. Under no circumstances, shall the Vendor be entitled to claim a refund of amounts already paid to VMT. If VMT terminates the service for reasons attributable solely to VMT, in any manner whatsoever, it shall either refund the amounts on proportionate basis or provide any alternate services.
  6. VMT may terminate the Service if vendor engages in fraud or other illegal or unethical activities, or in any activities which VMT in its reasonable judgment believes is in contravention, of any laws as may be applicable from time to time or of accepted industry practice and which under the circumstances could adversely affect the reputation or business of VMT.
  7. This contract will be terminated forthwith by VMT on the happening of any of the following events:
  1. If the vendor becomes or is declared bankrupt or goes in liquidation voluntary or compulsory, except for the purpose of amalgamation or reconstruction;
  2. If the vendor ceases to carry on its business or suspends all or substantially all of its operations;
  3. If a liquidator, receiver or administrator or any encumbrances takes possession of or is appointed over the whole or any part of the assets of the Vendor;
  4. If any attachment or distress is levied against any of the assets of the Vendor.
  5. If there is any material adverse change or any change in applicable law, rules, regulations, directives or guidelines, which prevents the continuing of the arrangement under this Contract.

 

26. NOTICES:

VMT shall send notices to Vendors in writing through email or WhatsApp/SMS and may be followed by registered post and dispatched through a reputed courier. Any notice refused by the Vendor would be deemed to have been legally delivered and Vendor will be deemed to have received such notice. Vendors can send notices to VMT in writing on customer support email id or to company's registered office address.

 

 

 

27. MODIFICATIONS TO TERMS OF SERVICE:

VMT reserves the right to change the Terms of Service at any time without any prior notice to the Vendor. Changes to the terms of Service or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by VMT. For Terms of Service with Vendor visit
https://likeme.co.in/terms-business

 

28. TAXES:

VMT is entitled to charge the vendor for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and vendor hereby agrees to pay the said taxes and charges promptly without raising any objections. Vendor also agrees that in the event the said taxes and charges are not charged by VMT the same shall be paid by the Vendor directly to the authorities concerned without raising any objection. The vendor further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the vendor for the Listing and Services rendered by VMT. i) All TDS deductions, form no. 16A should be sent at  tds@likeme.co.in iii) Goods and Service Tax is levied as per existing government policy. iv) Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on Goods and Service tax. It is the responsibility of the Vendor to provide the correct Goods and Service tax number before the payments are made. If Vendor fails to provide the GST number or provide incorrect number before making the payment then the Vendor will not get due GST credit for which vendor shall be solely responsible.

29. MISCELLANEOUS:

  1. VMT's interpretation of the Terms of Service shall be final and binding on Vendor.
  2. Vendor agrees that no joint venture, partnership, employment, or agency exists between vendor and VMT and that the Vendor is not entitled to bind VMT by its actions.
  3. VMT is subject to existing laws and legal process and nothing contained in the Terms of Service is in derogation of VMT's right and obligation to comply with the law.
  4. If any clause or part thereof of the Terms of Service is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Terms of Service shall continue in effect. Such revision to the Terms of Service will be deemed to have been in effect from the Effective Date.
  5. Vendor may not assign any rights or obligations against VMT without VMT's prior written consent. VMT reserves the right to transfer any right or obligation against Vendor by issuance of notice of such assignment to the Vendor. Upon such assignment, the assignee shall be bound by the Terms of Service in the same manner as VMT and VMT shall cease to have any liability to Vendor. However, the Parties agree that VMT has an unfettered right to assign the Terms of Service and the Vendor is only entitled to a notice of such assignment. The Parties further agree that assignment of the Terms of Service by VMT will not be subject to Vendor’s consent.
  6. VMT shall not be responsible for any delay or deficiency in services due to any force majeure events such technical glitch, server issue, natural disasters, acts of terrorism, civil labor strike, labor and transportation strikes or any other acts beyond its control. During a force majeure event, the obligations of VMT under the Terms of Service will stand suspended.
  7. Nothing in the Terms of Service obliges or will be deemed to oblige VMT to provide any credit to the Vendor.
  8. Vendors agrees that VMT reserves its right to present the payment mandates i.e., ECS / CCSI / NACH any number of times to receive its just dues / payments for the services rendered under these terms of service.
  9. VMT has its own Reviews, Ratings and Comments on its portals which will be posted by the users of VMT. However, VMT takes no responsibility and assumes no liability for any content posted by any caller/third party on VMT site or on any mediums of VMT.
  10.  

30. ARBITRATION:

All disputes, differences and/or claims arising out of the Terms of Service shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single arbitrator who shall be appointed by the authorized representative/ Director of VMT. The Vendor shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of VMT. The arbitration proceedings shall be held at Ambala, Haryana and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Vendor and VMT. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.

 

31. ENTIRE CONTRACT: 

This Contract, including any Invoice, Annexure, along with the Terms of Service hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other TERMS between the Parties relating to the subject matter hereof.

 

32. AMENDMENTS AND WAIVERS: 

Unless otherwise expressly stated in this Terms of Service, the failure on the part of VMT to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms of Service shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy available to VMT.

 

Terms for LikeMe Messenger

1.Services:
LikeMe Messenger is one of the features of LikeMe App which enables users to Chat, Group Chat, make Voice calls, share photos, documents, Voice Tags, etc. . You can also use this feature as business messenger where you communicate with businesses/SME listed with LikeMe/VMT without revealing your phone numbers and also search the service provider and transact by using it, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing etc.

2.Registration:
You must register for our Services using accurate data or information, provide your current mobile phone number, and, if you change it, re-verify your mobile phone number using OTP. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. All information provided about you are and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided by you.

3.AddressBook:
You provide us the phone numbers of your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

4.Age:
By accepting these Terms, you must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval. If you are under the age of 18 years but at least 13 years of age you may use this Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

5. Devices:

You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

6. Fees:

You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

7.  Availability of Our Services:

Our Services may be interrupted (for maintenance, repairs, upgrades, or network or equipment failures). We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as force majeure events.

8. Termination:

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter & spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with us: Licenses, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Availability and Termination of our Services.

9. No Access to Emergency Services:

There are important differences between LikeMe Messenger and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.

10. Acceptable Use of Our Services:

  1. You must use our Services according to our Terms and policies. If we disable your account for a violation of our Terms, you will not create another account without our permission. You must access and use our Services only for legal, authorized, and acceptable purposes.
  2. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of LikeMe Messenger , our users, or others, including privacy, intellectual property, or other proprietary rights; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us. (g) infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; (H) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (J) promotes any illegal or prohibited activity,
  3. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

11.Third-PartyServices:
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, interact with a share button on a third party’s website that enables you to send information to your contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

12. Security:

  1. You are responsible for keeping your device and your LikeMe account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
  2. We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
  3. We shall not be responsible for any harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, infringing, misleading, impersonating or unlawful Chat, Group Chat, Voice calls, photos, documents, Voice Tags, Videos etc., uploaded, published, transmitted, updated, forwarded or shared by you.

13. Ownership of Data:

  1. We do not claim ownership of the data or information that you submit for your account or while using our Services. You must have the necessary rights to such information that you submit for your account or our Services. You agree that we may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of us and/or its affiliates.
  2. In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services.

14. Our Rights:

  1. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written consent.
  2. We grant you a limited, revocable, non-exclusive, non-sub-licensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

 

 

15. Reporting  IPR Infringement:
To report claims of third-party copyright, trademark, or other intellectual property right infringement, please visit our Intellectual Property Policy. We may terminate your account if you repeatedly infringe the intellectual property rights of others.

16.Privacy policy:
Our Privacy Policy describes our Data and information practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data and information practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information in India and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

17. Disclaimers:

  1. You use our services at your own risk. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under any applicable statute or law of any other jurisdiction.
  2. Please note we do not examine whether the any provider of goods or services is good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. We have also not negotiated or discussed any terms of engagement with any of the provider of goods or services. The same should be done by you. Purchasing of goods or availing of services from provider shall be at your own risk. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material, goods or services displayed in the search results in the Platforms.

18. Limitation of liability:

We (LikeMe ) & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if it has been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of One Hundred (100) Rupees. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.

19. Indemnification:


You agree to defend, indemnify, and hold harmless the us & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

20. Dispute Resolution:

In the event a dispute arises between the parties under this Agreement, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) working days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Ambala, Haryana. The arbitration shall be conducted by a sole arbitrator to be appointed by VMT at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

21. Governing Law:

This Agreement shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Ambala, Haryana, India.

22. No Class Actions Suit:

We and you each agree that if you are a LikeMe user located in India or aboard, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, any class of people. We and you each agree not to participate in a class action suit, a class-wide arbitration Disputes brought in a private attorney or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.

23. GENERAL PROVISIONS:

  1. Unless a mutually executed agreement between you and us states otherwise, our Term make up the entire agreement between you and us regarding LikeMe Services, and supersede any prior agreements. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
  2. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
  3. You will comply with all applicable law of the respective jurisdictions. You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Laws; (b) to anyone government or non-government restricted parties; or (c) for any purpose prohibited by Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, or for any purpose prohibited by Laws, and you will not mask your location through IP proxying or other methods.
  4. Any amendment to or waiver of our Terms requires our express consent.
  5. we are entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
  6. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
  7. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
  8. Nothing in our Terms will prevent us from complying with the law.
  9. If we fail to enforce any of our Terms, it will not be considered a waiver. If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
  10. We always appreciate your feedback or other suggestions about our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

 

Terms for Digital Catalogue - B2B

1.  Introduction:

  1. This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made there under. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of VMT's service via LikeMe Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
  2. This Terms of Service is entered between VAS Mobitech Private Limited  (hereinafter referred to "We", "Our" or "Us") and Vendors/Business entity (hereinafter referred to "You" or "Your"). You confirm that by applying, accepting, using our Webpage Service ("Service") indicates your acceptance of all the terms and conditions of this agreement, which has been clearly read, understood and accepted by you. We reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It’s your responsibility to review these Terms periodically for updates/ changes. Your continued use of our service following the posting of changes will mean that they have accepted and agreed to the revisions.

2.  Services: VMT is launching new webpage/website service for your business where you can create digital catalogue & website for your business so that it can help you to promote your products and services through VMT’s portal so that the users can directly access your products & services and check out the products & services whenever they want to. This gives user the convenience and they can decide to buy your products & services when they feel the desire or the need. Therefore, this digital catalogue may help you to increase your business in an effective way.

3.  Fee: VMT may create digital catalogue for your business now. However, VMT reserves the right, at its sole discretion, to determine the cost of its service as and when it requires.

 

 

4.  Yours representation, warranties & obligation:

  1. (i) you are a bona fide business organization carrying on business in relation to the items disclosed in digital catalogue; (ii) you have the rights to use the trademarks of business name, product images, and other details specified in digital catalogue; (iii) the business carried on by you do not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by you; and (iv) all information provided about yourself to VMT is and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by you to us) to VMT.
  2. You acknowledge that you shall be solely responsible for all materials/information and its use of VMT for creating for digital catalogue. You confirm that you are the absolute owner of product images, specifications, descriptions & other details for creating digital product catalogues and you have granted the unfettered right to use your business details, product images, specifications, descriptions & other details for creating digital product catalogues & website for your business. Your business details are visible on our portals. You agree that nothing in its materials/information of digital catalogue will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. You are solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on your behalf in connection with this term. You will ensure that you shall comply with all applicable Law, including Law related to data protection and privacy.
  3. You acknowledge & accept that it is your responsibility to update information pertaining to your business, products/services using the online edit option available in your listing and keep VMT updated in this regard. In the event the relevant information is not updated accurately, you would, by default, be bound by the explanation or description of the product/service or any other details of your business communicated by VMT to the Users or any other third party.
  4. You undertake to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity cum address proofs, as required by you to run the business.
  5. You acknowledge that VMT is basically a local webpage service and do not seek any fulfilment of the product / services delivered or not, and it is your responsibility to deliver the goods & services. You acknowledge that we are not responsible for the goods or services, or any dispute between you & end users. It is your responsibility to resolve any dispute or claim raised by end users. In case of any disputes, you shall hold VMT saved and harmless from any such actions or claims that may be initiated against it. You shall also indemnify and hold indemnified VMT at all times against all such actions and claims.
  6. You hereby undertake that during the term, you will not directly or indirectly mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert, authorize any third party to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews, or solicit any users of VMT by means of providing discounts, gift coupons, or use any automated means or form of scraping or data extraction to access, query or otherwise collect listing service related information; or misuse VMT’s portals in any manner whatsoever. Any such conduct will lead to an immediate action and VMT at its discretion will initiate proceedings against you before appropriate forum.
  7. It is your sole responsibility to keep the id/password/login id safely so that no one can misuse it and do the changes in the listing visible on VMT portals to cause any wrongful harm to VMT or its users. You represent that in event the loss is caused due to your negligence, then you will bear the entire loss and VMT shall not be responsible for the same.
  8. You shall only access the Service as permitted by us and shall not attempt at any time to circumvent system security or access the source software or compiled code. The Service is provided solely for you and you will not resell or attempt to resell the Service (or any part or facility of it) to any third party.
  9. The content is protected by copyright, trademark and other intellectual property rights, as applicable. You must not and must not permit anyone else to copy, store, adapt, modify, transmit the Content, or to distribute the Contents of digital webpage available on our portal.
  10. You are solely responsible for any transactions of any kind entered into between you and third parties accessing or acting in reliance on the Service. You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licenses and any other codes of practice which apply to you.
  11. You are responsible for the security and proper use of all user identities in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorized people.
  12. You must immediately inform us if there is any reason to believe that a user ID or password has or is likely to become known to someone not authorized to use it or is being or is likely to be used in an unauthorized way. We reserve the right to suspend user ID and password access to the Service if at any time we consider that there is or is likely to be a breach of security.

5.  VMT's Obligations:

  1. VMT reserves the right to vary the contents of digital catalogue from time to time by adding, removing or modifying content as VMT thinks fit, and does not guarantee or warrant that any particular item or items of content will be available at any given time.
  2. The digital catalogue is protected under the intellectual property rights, as applicable. You must not permit anyone else to copy, store, adapt, modify, transmit the digital catalogue, or to distribute the digital catalogue to third parties, without written permission from VMT.
  3. You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licenses and any other codes of practice which apply to you.
  4. We will provide you with the Service as per the terms of this agreement and with the reasonable skill and care of a competent service provider. We will use reasonable endeavors to provide uninterrupted Service, but from time to time faults may occur, which we will repair as soon as reasonably practicable, but occasionally for operational reasons change the technical specification of the Service or for any other reason beyond our reasonable control suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency. Service will be restored as soon as possible.

6.  Disclaimer & Limitation of Liability:

  1. To the fullest extent permitted by law, VMT disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, VMT disclaims all guarantees regarding the services and digital catalogue. You understand that there may be errors in the services. VMT will not be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for your indemnification obligation. VMT is also not liable for any claim owing to any misrepresentation of the information pertaining to you so long as the information exhibited/ communicated by VMT conforms to the Information made available by you or any person on your behalf.
  2. Once the Digital Catalogue contents/materials are approved by you or any person on your behalf, VMT does not warrant or guarantee the accuracy or completeness of any of the Catalogue Content or any further information or results which may be derived from you. You acknowledge that it is your responsibility to evaluate the accuracy and completeness of the Catalogue Content. In particular you acknowledge that VMT is not entitled to rely on any contents/materials of Digital Catalogue of your business as approved by you and that the use of the Catalogue Content for any purpose is at your sole risk.

7.  Indemnity: You shall defend, indemnify, and hold harmless VMT, its officers, employees, agents, Representatives from and against any claims, liability (ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by VMT (including, without limitation, reasonable attorneys' fees and expenses) arising out of or in relation to or in connection with:

  1. Breach of any provision of this Terms or non-performance of any of its obligations;
  2. By reason of any infringement of any intellectual property rights;
  3. Any representation and warranty given by You to VMT under this Terms being found to be untrue, false or incorrect; or
  4. Anything done or omitted to be done by you due to its negligence, default or misconduct of you or any of your officers, directors, employees or agents.
  5. Any third-party claims

8. Ownership:  The ownership of the product images, specifications, descriptions & other details of digital webpage or catalogue shall be vested with you. However, the ownership of digital catalogue/webpage shall be vested with us. Ownership of the Product(s) excluding the software will pass to you. The Product(s) will appear in the name of your business. In the event of threatened seizure of the Product(s) or any other restrictions, you will immediately notify us and we may take appropriate action in this regard.

9. Intellectual Property Rights:  All intellectual property rights in: (i) VMT Brands; (ii) digital catalogue/webpage belong exclusively to VMT. Nothing in this Terms of Use is intended to grant any rights or license to you under any work right, copyright, trade secret, trademark or service mark, or other intellectual property right of VMT. You shall not have any right to use or reproduce in any manner any intellectual property owned by VMT, including any trademarks, trade names, logos etc.

10. Term & Termination:  If you breach any conditions of the Terms or VMT receives any complaints against you from any one or for any other reasons, VMT shall have right to terminate this agreement forthwith and you shall immediately stop using our service. In addition to the termination, VMT also reserves the right to initiate appropriate legal proceedings in the event of any material breach of the terms & conditions as stipulated herein.

11. Force Majeure: If either of the party is unable to perform any obligation under this contract because of any event beyond the party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, epidemic or pandemic (whether or not involving employees of either party) or acts of local or central government or other competent authorities. Neither Party shall be liable for breach of this Agreement to the extent caused by or arising from any force majeure event beyond the control of such Party. If VMT is prevented by restrictions of a legal or regulatory nature from supplying the Service, VMT will have no liability to you for failure to provide the Service.

12.  Disputes Resolution: If any dispute/difference arises between the parties about these Terms then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However, if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by VMT at its discretion. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Ambala, Haryana. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.

13. Help Desk:  For any complaints or grievances with regard to contents and or comment or breach of these terms, you can email to us at support@likeme.co.in, with brief details of your complaint. Our support executives will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.

14. Relationship:  The relationship of the Parties is on a "principal to principal" basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create with limitation any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between You and VMT or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.

15. Survival of Information:  The terms and provisions of this agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this agreement.

16. Notices:  All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails; however, such emails must be followed up with a physical notice at the above-mentioned address within a period of ten (10) days.

17. Waiver:  Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

18. Governing Law and Jurisdiction: This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Ambala, Haryana, India.

19. Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Terms of Service unless otherwise mutually agreed in writing.

 

Terms of Use for Information Dissemination

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made there under. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of VMT’s service via VMT Portal/LikeMe App(s). This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your" or “Vendor” or “goods and service provider”) and VMT a company incorporated under the Companies Act 1956 with its registered office at 126-A, SA Tower, 2nd Floor, Bank Road, Ambala Cantt. 133001 ("VMT" "we," or "our" or “LikeMe”) that governs your use of the services offered by VMT through its website www.vasmobitech.com ("Website") or www.likeme.co.in or LikeMe APP, telephone search, SMS, WAP or any other medium using which VMT may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").

CHANGES: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.

 

HOW YOU MAY USE OUR MATERIALS: 

While every attempt has been made to ascertain the authenticity of the Platforms content, VMT is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.

Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to VMT. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by VMT, its subsidiaries, parent companies, and/or any third-party owner of such rights.

HOW YOU MAY USE OUR MARKS: The VMT& LikeMe company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from VMT or its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any VMT name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of VMT. Requests for authorization should be made to support@likeme.co.in

HOW WE MAY USE INFORMATION YOU PROVIDE TO US: Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

REVIEWS, RATINGS & COMMENTS BY USERS:

Since, VMT provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the VMT services and also about the Advertiser's listed at VMT is subject to additional terms and conditions as mentioned herein.

You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by VMT and any materials you add to the Site or add to any mediums offered by VMT, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the "Communications"). VMT does not endorse or accept any of your Communication as representative of their (VMT) views. By transmitting any public Communication to the Site, you grant VMT an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.

You confirm and warrant that you have the right to grant these rights to VMT. You hereby waive and grant to VMT all rights including intellectual property rights and also "moral rights" in your Communications, posted at VMT through any of mediums of VMT. VMT is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted. Also, VMT reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.

VMT has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. VMT cannot review all Communications made on and through any of the mediums of VMT. However, VMT reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which VMT in its sole discretion deems inappropriate, offensive or contrary to any VMT policy, or that violate these terms:

VMT reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which

  1. is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
  2. constitutes or contains false or misleading indications of origin or statements of fact;
  3. slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
  4. causes injury of any kind to any person or entity;
  5. infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
  6. violates any applicable laws, rules, or regulations;
  7. contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. impersonates another person or entity, or that collects or uses any information about Site visitors.

It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then VMT reserves right to take appropriate legal action against you. Further, you shall indemnify and protect VMT against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments VMT takes no responsibility and assumes no liability for any content posted by you or any third party on VMT site or on any mediums of VMT.

You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of VMT.

PRIVACY POLICY:

VMT is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY

CONTENT DISCLAIMER:

VMT communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms VMT has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content-based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.

All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms.

VMT reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

All rights, title and interest including trademarks and copyrights in respect of the domain name and Platform’s content hosted on the Platforms are reserved with VMT. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.

Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by VMT or its affiliates. VMT does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by VMT.

VMT and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and VMT will at no point of time be responsible for the accuracy or correctness of such information. VMT reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platform’s access rules and regulations for any user(s).

VMT also reserves the right to impose/change the access regulations of the Platforms, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.

While every attempt has been made to ascertain the authenticity of the content in the Platforms, VMT is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.

WARRANTY DISCLAIMER:

Please remember that any provider of goods or services is entitled to register with VMT. VMT does not examine whether the VENDORS are good, reputable or quality sellers of goods / service providers. User must satisfy themselves about all relevant aspects prior to availing of the terms of service. Purchasing of goods or availing of services from vendors shall be at users own risk.

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.

Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at user’s sole risk. VMT disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.

THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VMT DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. VMT DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

VMT DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

DISCLAIMER for “VMT GUARANTEE" or "LikeMe Guarantee"

The "VMT Guarantee" or “LikeMe Guarantee" is a limited assurance offered by VMT that the name and contact information of the advertiser and the category in which the advertiser is listed by VMT, have been verified as existing and correct at the time of the advertiser's application to register with VMT. VMT makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.

ADDITIONAL DISCLAIMER:

Users using any of VMT service across the following mediums i.e. through internet i.e. www.vasmobitech.com Website or www.likeme.co.in,  Webpage, web portal, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the vendor listed with VMT.

All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafide of the vendor/s and VMT does not confirm, does not acknowledge, or subscribe to the claims and representation made by the vendor/s listed with VMT. Further, VMT is not at all responsible for any act of vendor/s listed at VMT.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL VMT BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF VMT ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. VMT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.

THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THIRD PARTY SITES:

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.

MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. VMT may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms. However, anyone using the Platforms agrees that VMT may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. VMT reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.

DELETIONS FROM SERVICE: VMT will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. VMT reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of VMT, may be, defamatory, infringing or violate of applicable law. VMT reserves the right to exclude Material from the Platforms. Materials submitted to VMT for publication on the Platforms may be edited for length, clarity and/or consistency with VMT's editorial standards.

INDEMNIFICATION:

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

MISCELLANEOUS:

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of law’s provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and VMT. VMT reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. VMT reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: VMT Limited, 126A, SA Towers, 2nd Floor, Bank Road. Ambala Cantt 133001.

Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Ambala, Haryana, India.

Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.

In relation to any complaints or concerns, you can email to us at support@likeme.co.in

 

TERMS & CONDITIONS (LikeMe Custom Webpage usage)

THIS SOFTWARE LICENSE & HOSTING SERVICE AGREEMENT (the "Agreement") is entered into between VAS Mobitech Private Limited, having its registered Office at 126-A, SA Towers, 2nd Floor, Bank Road, Ambala Cantt. 133001 (hereinafter referred to as "VMT", "Licensor", "We", "Our", OR “ LikeMe”), and Clients (hereinafter referred to as "Client", "Licensee", “vendor” ,”business”, “goods and service provider” OR  "You"). VMT hereby grants the right to use its LikeMe Custom webpage Software Program and Common Hosting Services (hereinafter referred to as "Product and Service") to the "Client", and the client acknowledges and agrees to comply with all of these Terms and consent to the transmission of certain information during Activation and for internet-based features of the software and hosting service. If you do not Accept and comply with these terms, you may not use the software and hosting service. LikeMe custom web portal feature is available with selected plan. If you enroll and opt for the particular plan, you will get access to manage and customize your webpage from the APP.

1) USAGE POLICY: You will use the VMT's Product and Service in a manner consistent with all local, states and Union regulations and laws. We reserve the right to suspend or cancel your access to any or all services provided by us when you are not in compliance to the terms of this agreement and/or we decide that your account has been inappropriately used.

2) DESCRIPTION OF SOFTWARE: This agreement applies to the most recent release of LikeMe Web portal software program. LikeMe Web portal Software (hereinafter referred as Software) is a one stop solution for retailers manage customer reviews and digital marketing. It is a platform/solution to facilitate customer reviews, collecting data to analyze the feedback and review, manage web portal and review dashboard thru APP. You will be able to use this software for the purposes of setting up. This Software has the features through which you yourself can set up your web page, access to Dashboard, manage photos, description, address, offers, promotions etc. This software is available on website or on mobile app. This software will be accessible on website or on compatible mobile devices.

3) TERMS OF USE: This agreement only gives you rights to use the Product and Service as per the features obtained and fee paid by you. You may use the Product and Service only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Product and Service that only allow you to use it in certain ways. Client has the exclusive right to use the Product and Service only for a license period or as per the rights granted under this agreement.
You may only use the software on a single computer or mobile device at one time and may do so only via a user interface connected directly to said single device and not in any manner over a network, regardless of whether said network is a wide area network (WAN) or a local area network (LAN). You may NOT distribute copies of or documentation of the software to others. THE ACTUAL SOFTWARE PROGRAM COMPONENTS REMAIN THE PROPERTY OF VMT. You may not sell, lease, rent, or otherwise distribute and/or sub-license the Software, including the manuals and documentation of same, to another person at any price. It is illegal to make copies of the Software Program, or Components. The Software Program and Components are protected by the copyright laws pertaining to computer software. It is illegal to give copies of the Software Program, Components and Modules, or manuals and documentation of same to another person, or to duplicate the Software Program or Components and Modules by any other means, including electronic transmission. Software contains trade secrets and in order to protect such trade secrets you may not decompile, reverse engineer, disassemble, or otherwise reduce software program to human perceivable form. You may not modify, adapt, translate, rent, lease, or create derivative works based upon software program or any part thereof.

4) RIGHT TO USE: Upon execution of this Agreement, you are granted right to use the Product and Service in accordance with the terms of this Agreement.

5) CLIENT’S RESPONSIBILITIES: Effective use of Product and Service provided by VMT presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our Product and Service due to your lack of the requisite knowledge and skills.

6) USE oF LikeMe Custom Webpage is: i) The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy of software only on one computer/compatible mobile device with which you acquired the software, for use by one person at a time, but only if you comply with all the terms of this agreement. You may not make the software available for simultaneous use by multiple users. VMT grants you the license to right to use the software only upon the receipt of license fees as determined by VMT from time to time. The necessary instructions for operating the software are mentioned in the user manual available in the software after successful login. ii) The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. VMT does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. You may not, however, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified. iii) VMT may use commercially reasonable efforts to provide corrections to Software error. Any other upgrades or enhancements to the Software are not made available by VMT as part of this agreement and may be subject to additional charges.

7) LICENSE OF LikeMe custom webpage software program: i) VMT grants you the license of LikeMe custom web portal software program on its App only upon receipt of license fee as determined by VMT, from time to time, in according to the terms of this Agreement as per different plans.

8) SERVICE FEES: You agree to pay a non-refundable Service Fee for the Services that will be determined by VMT at the time of accepting the Service. The ("Service Fee") shall be paid by you in advance and VMT will send the customer receipt/Invoice to Your registered Mobile Number and email ID, simultaneously after receipt of payment from you. VMT shall, at its sole discretion, reserve its right to decide the Service Fee for the Services, from time to time.

9) FEES: i) In consideration of VMT providing the Product and Service as specified in this agreement, you shall make the payment of fee as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms of this agreement. ii) Your right to use the Product and Service is limited to the license period. You may have the option to extend your Service upon paying of the requisite fees. If you extend your service, you may continue using the Product and Service until the end of your extended service period. After the expiration of the period, Product and Service will stop running on your computer/device. iii) VMT shall make best efforts to install & activate the product and services from the date of receipt of fee into its bank account (subject to delay due to technical malfunctions). However, VMT will not be liable in any manner for any delay in activating your contract. iv)  You agree to pay the fee as specified in invoice copy. You can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy instalments payment options as available. If You opts to pay the fee/consideration by paying instalments, under such payment schemes, the You shall be liable to pay to VMT the SERVICE FEES (including applicable Tax), at the time of registration and the balance payment can be paid through the various payment modes such as ECS (Electronic Clearing Service); CCSI (Credit Card Standing Instruction) & NACH (National Automated Clearing House). It is hereby clarified that the services shall only be activated once the first ECS/ CCSI/ NACH payment is credited on VMT's account as per the payment plan or the payment as received for the services/products as availed. Under no circumstances shall VMT be liable to make any refund of any amount as paid by You on account of deactivation/non-activation of services due to non-receipt of any payment through ECS/ CCSI/ NACH/Cheques etc.VMT reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals at https://likeme.co.in/terms-business with or without notice to you. You are advised to check the Terms at regular interval to received uninterrupted services. VMT does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to VMT. v) In the event, if you fail to make any installments in time and as per the payment plan chosen by You, VMT may, in its sole discretion, suspend the services until necessary payments are made by you. The right of VMT to suspend the Service shall be without prejudice to VMT’s right to terminate the agreement, without any further notification vi) VMT shall be allowed to terminate the right to use the service to a particular licensor for non-payment of fees, for noncompliance, with any applicable rules, regulations or agreements regarding the use of the service or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. VMT will notify you of any such instance including the name of licensor and reason for termination. vii) If any cheques are dishonored due to insufficient of funds, VMT may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regards and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

10) Documents: You shall furnish the KYC documents or any other documents, as may be required by VMT, on or before the first ECS/ CCSI/ NACH clearance. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving license; (3) Voter's Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card etc. In addition to aforesaid, the You also needs to furnish the documents relating to the business listing such as, Certificate of incorporation, PAN Cards of the company, Registration certificate, GST certificate, Shop & Establishment certificate, or any other Government certificate issued to running their business.

11) ISSUANCE OF INVOICE: VMT will issue an invoice to you containing, inter-alia, the following details: a) Clients details b) License Fees c) Description of the features of Software, if required d) Type of access chosen by you (either website or App or both) if required.

12) TAXES: VMT is entitled to levy you for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections. You also agree that in the event the said taxes and charges are not charged by VMT the taxes shall be paid by you directly to the authorities concerned without raising any objection. You further agree that the taxes and charges payable under this Clause is in addition to the license fee paid by You for the Services rendered by VMT. The Taxes would include GST (Goods and Service Tax) or other taxes as applicable.

13) COMMON HOSTING SERVICE: VMT agrees to host and maintain your webpage on its server(s), as outlined in this Agreement. VMT will take all reasonable precautions to implement data backup services on the data stored in your webpage. VMT agrees to monitor hosting services and make sites available to Internet users. However, VMT is not responsible for unintentional damages or loss, either incidental or direct, caused by a loss of your information.
You shall acquire and maintain the Internet Protocol address and corresponding domain names for your website. VMT may help you in obtaining the domain names and Internet Protocol address and maintaining the same at additional cost decided by VMT from time to time. VMT shall execute the actions necessary to establish the address of your website, or to delete the address in the event your relationship is terminated or website cancelled in accordance with the rules, and regulations related to the product. VMT shall provide you the ability to access data on your Website and make changes with a password set by you. Your connection will be secured by the firewall.
Your right to use the hosting service is limited for the period you subscribe for the services. You may have the option to extend your hosting service on paying of the fees. If you extend your hosting service, you may continue using the hosting service until the end of your extended period. After the expiration of your period, hosting service will stop.
You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.

14) SERVICE/SUPPORT: a) VMT will use commercially reasonable efforts to make available VMT Support Center on Monday through Friday (09:00 AM to 05:00 PM) or during VMT's normal business hours, excluding VMT's scheduled holidays. VMT will provide you all the customer and technical support through support@likeme.co.in. However, our support services shall be limited to providing matter pertaining our software under this agreement not otherwise. b) We shall not provide technical support for any third-party products/software of any kind, incorporated by you into the website. On best effort basis, we will use all commercially reasonable means to resolve your issues in this Agreement. c) VMT will have no obligation to provide Maintenance Services for any Software that are damaged, modified (by anyone other than VMT), incorporated into other software, or installed in any computing environment not supported by VMT software program; or for any version of a software program other than the latest and immediately preceding version; or for any problems caused by your negligence, abuse, misuse, or by any causes beyond VMT's reasonable control.

15) REFUNDS POLICY: All fees paid by you to VMT are final and non-refundable. Until you terminate this Agreement, as specified in this agreement, you are responsible for paying the fee, regardless of whether you use our Product and Service or not.

16) NON-PERFORMANCE AND DELAYS: VMT shall not be liable for any loss or damage resulting from non-performance by VMT or its suppliers under this Agreement or from any delay in delivery of the Product and Service due to fire, labor unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, hacking, technical glitch or any other cause or causes beyond the control of VMT.

17) THIRD PARTY CONSULTANT: VMT will not be liable for any costs incurred as a result of Client, for any reason, employing the services of third-party consultant or other technical personnel.

18) TRANSFER: This agreement is non-transferable or assignable by the Client without the prior written consent of VMT.

19) FEES CHANGE: VMT reserves the right to increase/raise the fees, at its discretion. The fees will only become effective upon renewal of the order. For clarity, additional purchases of the service/ other features will be subject to the new pricing.

20) CLIENT’S OBLIGATION: i) You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the Software provided by VMT. ii) You shall be solely responsible and liable for any dispute arising out of your usage of our services. iii) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the LikeMe App and LikeMe custom webpage. VMT reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. iv) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, aadhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our services. v) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by VMT, at its sole discretion. vi) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow VMT/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services. vii) You hereby undertake to upload the terms and conditions on your webpage which will be applicable to the user of your webpage who visit your webpage for any purposes including but not limited to view/buys the product/s or avails the services whether online or otherwise. viii) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever. ix) You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using VMT services. x) You shall cooperate with VMT and render assistance to it for connecting the respective LikeMe systems of the Parties. xi) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system. xii) You acknowledge that responsibility for all content provided by you to VMT for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that VMT will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content. xiii) You before providing the services or information to end user thru LikeMe Webpage, shall be liable to check the details and pricing of all products and services listed there including GST/any other tax rates applicable on each and every product sold or services provided by you. VMT shall not be liable for any error in any product description, quality, GST/any other tax rates in the services provide through LikeMe webpage. xiv) VMT shall not be liable to update any product description or changes in the GST/any other tax rates on LikeMe Webpages. You shall be liable to update the product descriptions, GST/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you. xv) You acknowledge and agree that we may elect at its sole discretion to monitor the Content. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xvi) You agree to use the Services for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Services is being used for illegal purposes, we shall immediately terminate the Agreement and the Services as per our discretion, without notice, in addition to any remedies to which it (VMT) may be entitled under law. xvii) Any attempt to undermine or cause harm to a server of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund. xviii) On the receipt of payment VMT grants you the right/access to install and run one copy of LikeMe APP(s) on one mobile device. For a single license You will use/install LikeMe only in one outlet and if you intent to utilize LikeMe for your another/additional outlet then you will have to make additional payment for availing LikeMe on the price/charges determined by VMT from time to time.
You acknowledge that you are not acquiring title to or any interest in any VMT Product and Service other than right to use the same. Your right to use of our Product and Service is conditioned upon your timely payment of the full amount of Fees due for Product and Service and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the Product and Service also expire and you may no longer use the Product and Service.
Client will not make any unauthorized, false, misleading, or illegal statements in connection with this Agreement or regarding the Product and Service. Client will not make any representations or warranties concerning the Product and Service on behalf of VMT.

21) DISCLAIMER OF WARRANTY: i) This Product and Service is available to you “as-is whereas basis." You bear the risk of using it. VMT gives no express warranties, guarantees or conditions. VMT will make all reasonable efforts to provide uninterrupted access and hosting services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that VMT and its business partners disclaim all warranties including but not limited to express or implied, written or oral. VMT shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition, VMT shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. VMT does not warrant that hosting services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from VMT or through or from VMT shall create any warranty. VMT shall have no liability in this respect. ii) VMT’s sole obligation and your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.

22) LIMITED WARRANTY: i) EXCEPT FOR THE ABOVE WARRANTY, THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES ARE PROVIDED "AS IS WHEREAS BASIS". THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IS ASSUMED BY CLIENT. NEITHER VMT, NOR AGENTS OF VMT, NOR THE CREATORS OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ii) THE LIABILITY OF VMT OR ANY AGENT OF VMT OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL VMT, OR ANY AGENT OF VMT, OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CLIENT.

23) INDEMNITY: You shall defend, indemnify, and hold harmless VMT, its officers, employees, agents, Representatives from and against any claims, liability (ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by VMT (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: i) breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or ii) anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents. iii) or resulting from Your business operations or use of Software provided by VMT.

24) TERMINATION: i) The right to use our Product and Service hereunder shall continue subject to payment of fees as prescribed by VMT, time to time or unless and until terminated pursuant to Clause (ii) hereof and subject to your proper performance of its obligations hereunder. ii) VMT has the right to terminate this Agreement upon any material breach of terms and conditions by you. In the event of termination by client for any reason, VMT will not refund the amount paid by you. On termination you shall forthwith return or destroy all data, information and software program and its updated versions, and provide written intimation of the same to VMT. iii) You agree that any breach of one or more provisions of this Agreement that threatens to, or causes VMT substantial harm is a material breach. Furthermore, any breach of the confidentiality, or non-competition provisions by you, or failure to make payments, shall be considered material breaches. Furthermore, any conduct or negligence that adversely affects the business or good will and brand name of VMT will be considered a material breach VMT Under such circumstances shall terminate the agreement without any further notice. iv) Upon termination of this agreement, VMT shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

25) PROHIBITED ACTIVITIES: i) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or VMT's services. VMT shall be the sole arbiter as to what constitutes violation of this provision. ii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to; iii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iv) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; v) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vi) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. vii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to VMT's servers or to any other server on the Internet. ix) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk e-mail (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to VMT and/or any Client in any way. x) Your sending any promotional emails/SMS to your consumers and VMT assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India. xi) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made there under. xii) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network of VMT, without the permission of VMT. xiii) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of VMT, without its permissions, and further shall not use the said devices for cheating by personating. xiv) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever; xv) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programs residing in such computer system or computer network. xvi) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means. xvii) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. xviii) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. VMT shall have the right, but not the obligation, to remove the Content which is deemed, in VMT’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xix) You are strictly prohibited from installing any third-party software on our services without the express written authorization of VMT. In the event that you install third party software on VMT’s servers without the express written authorization of VMT, VMT at its discretion shall have the right to terminate the Services without any notice.
You may not copy or use any Software program in any manner that is not expressly allowed under this agreement; You may not use our Software program or its output to develop or enhance any product that competes with a VMT software; You may not disclose the results of any benchmarking of a Software program (whether or not the results were obtained with assistance from VMT) to any third party; or You may not use a Software program in the development of any product if the failure or malfunction of that product could reasonably be expected to result in personal injury, death, or catastrophic loss.
You are prohibited to use, publish, email, reproduce, disclose, furnish, reveal, communicate, transfer or make accessible to any other person for any purpose any information that you encounter, acquire or learn about in connection with this agreement and VMT has not given you written authorization to disclose or made available to the public, except as needed in the course of and for the benefit of the client. You are not indulging in any kind of piracy of software and also unauthorized, copying, downloading, sharing, selling, distribution or installing multiple copies onto personal or work computers of copyrighted software.
You are strictly prohibited from installing any third-party software on our program without the express written authorization of VMT. In the event that you install third party software on VMT’s servers without the express written authorization of VMT, VMT at its discretion shall have the right to terminate the Services without any notice.

26) CONTENT OWNERSHIP: i) VMT maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the rights of ownership and use of his own domain name(s) even if Client changes VMT. In case of disputes regarding authority over domain names, VMT will follow industry standard practice of giving ultimate authority to the domain name registrant. VMT maintain control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and or provided by VMT. ii) All contents stored by you shall at all times remain the property of yours. You grant to VMT non-exclusive, world-wide license to the content only to the extent necessary for VMT to host the website. VMT uses the information it collects through the software features to upgrade or fix the software and otherwise improves the products and services. Additionally, you agree that VMT may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of VMT and its affiliates.

27) NON-COMPETE: During the term of this Agreement, and for a period of 5 (five) years after the termination of this Agreement, you agree not to develop or create any program of its own that is comparable in functionality or would compete with VMT’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer VMT Materials or attempt to discover source code or other information concerning VMT Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from LikeMe App, or use any information learned from LikeMe app to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

28) CONFIDENTIALITY: You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of VMT’s business (“Confidential Information”) in the course hereof. Confidential Information shall include; i) VMT software program and plans for the Website ii) Specifications of VMT’s software program and any future development plans iii) Concepts relating to VMT software program not disclosed from the operation of the Website iv) Trade secrets of VMT v) Information derived from providing the Services when Website is in operation, including but not limited to: 1) identities, contact information and credit card information of users (if applicable) 2) confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable) ii) Notwithstanding the forgoing, this confidentiality obligation shall not apply to any information which is already known to the public or produced in compliance with applicable law or a court order, provided you shall promptly notify VMT so as to enable VMT to seek a protective order or other appropriate remedy. You will return all the confidential information to VMT within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement
Notwithstanding the forgoing, in the event VMT receives a validly issued administrative or judicial order, notice, warrant or other process that requires VMT to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.

29) PRIVACY: VMT and Client will mutually keep the data private and not share or reuse the other party's data, and put in place all normal reasonable security measures to protect each other's data, including corresponding NDA agreements with employees and contractors. Client recognizes that VMT can be required to provide data to legal authorities upon valid legal injunction, and to comply to such injunctions with or without Client's authorization or consent. Furthermore, Client understands there is no absolute security, and in order to limit consequences of any accidental exposure, Client agrees to not use the Hosting storage for data beyond the data required for the Hosting. Client authorizes VMT to backup and archive the Servers on-site and off-site, including Client's data and Sites for the purpose of continuous Hosting operations, and to maintain Server logs required for VMT's technical operations and legal compliance. This authorization does not imply that VMT must make or keep such backups, archives and logs. In case of suspected unauthorized use, or complaint, VMT can, but must not, inspect Client data and traffic for compliance check purposes, prior to his decision to take measures.

30) SECURITY: Client has taken adequate encryption and security measures to maintain its computer resources secured under this agreement. You must ensure that you use the software through a secure network that requires a protective security safeguard. You shall comply with the security standards, as prescribed by the governments and implements the security management and procedures, network architecture, software design, and other critical protective measures to protect data and information.
You shall be solely responsible for undertaking measures to: i) prevent any loss or damage to your website or server content; ii) maintain independent archival and backup copies of your website or server content; and iii) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. iv) we shall have no liability to you or any other person for loss, damage or destruction of any of your content. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically, by way of example and not as a limitation, you shall not use the Services as: i) a repository or instrument for placing or storing archived files; and/or ii) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account. Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your Server, or anything that causes Server malfunction. Failure to comply is subject to immediate account deactivation.

31) CENSORSHIP: VMT will exercise no control whatsoever over the content of the information passing through the network, email or website.

32 AUDIT AND COMPLIANCE: VMT may audit (using its own employees and those of an independent auditing firm that is subject to appropriate confidentiality obligations) your use of the Software and Documentation to verify your compliance with this agreement. You agree to give VMT (or the auditing firm) reasonable access to your facilities and records for purposes of conducting these audits. VMT will give you reasonable advance notice before conducting an audit. Audits will be conducted during normal business hours and no more than once per year, unless VMT has a good-faith basis for believing that more frequent audits are warranted. VMT will bear all the costs it incurs (including the fees and expenses of the auditing firm, if any) in conducting an audit, unless the audit reveals that you have failed to comply with this agreement in a material way, in which case you agree to reimburse VMT for these costs, in addition to other Damages.

33) INTELLECTUAL PROPERTY RIGHTS: This Software is owned by VMT and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by VMT, including any trademarks, trade names, logos etc. ii) VMT owns and retains all ownership and proprietary rights relating to services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Services and all software code and content relating to the Services etc. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in this Agreement. During the term of this Agreement, VMT grants you, a right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.

34) MISCELLANEOUS: i) No Guarantee of Business: VMT does not guarantee that by installing and using of this software, your business/profit will increase. ii) No Marketing: VMT is not obliged and does not promote your business. VMT’s obligation under the Contract is limited to the obligations of providing access to software upon the receipt of requisite payment from your end. iii) Entire Agreement: This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, regarding the Software. iv) Supersession- This Agreement supersedes all prior agreements and understandings (whether written or oral) between VMT and the Clients, or any of them, with respect to the subject matter hereof. v) Amendment – VMT is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. It shall be Your sole responsibility to visit VMT Website and update himself / herself of the changes to the Terms of Service. vi) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted. vii) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. viii) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement. ix) Force Majeure: VMT shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, hacking, virus prone, technical glitch, defacement, sabotage, stoppage of display or transmission of the website, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control. x) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) working days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Ambala, Haryana. The arbitration shall be conducted by a sole arbitrator to be appointed by VMT at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration. xi) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing. xii) Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the addresses as mentioned in the title to this document. Notices may also be sent through emails. xiii) Non-Exclusive Right: It is expressly agreed and understood between the parties hereto that this Agreement is on a non-exclusive basis and VMT is free to provide similar services to third party. xiv) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Ambala, Haryana, India.

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