The information provided on this Site (as defined in Section 2 below) includes, but is not limited
to, the services provided ("Services") by Girnar NewTel solutions Pvt. Ltd.
("Newtel"), and does not render any advice, certifications, guarantees or warranties
on the Content (as defined below) relating to the Services, which Newtel makes available on this Site.
The use of this Site and the Content (as defined herein) contained herein are governed by
these Terms and Conditions and the Privacy Policies put up on the Site (collectively,
the "Agreement"). When you ("You"/ "Your"/ "User")
uses this Site, You acknowledge that You have read the Agreement and that You accept and
will be bound by the terms hereof as such terms may be modified from time to time.
1.1
As stated above, the Contents provided on or through the Website are solely
for enabling You to use and enjoy the benefit of the Services provided by
Newtel, in the manner permitted herein. By accessing, browsing and using
this Site, You agree and acknowledge that You understand this limited and
restricted use and agree that You would not rely on the information and
materials contained in this Site for any purposes except as Newtel intends
or has specified under this Agreement. You further agree that in all actual
matters, You are ultimately responsible for breach of Your obligations and
consequences thereof. Newtel disclaims all liability for damages caused by
use of Content on the Site.
1.2
You acknowledge that You shall be required to provide Newtel with some of
Your personal details, like, name, mobile phone number, mobile phone bill
details along with the uploaded mobile phone e-bill, e-mail, and
other personal information ("User Content"). You agree that Newtel
shall have the right to use User Content for automated analysis, or to increase
the value and benefit of Service to You, may provide User Content to a third
party service provider, or for other internal purposes. You also agree that
Newtel will use such information provided by You for the purpose of verification,
creation of Your Site account ("YBB Account"), and shall provide
You with a password, which is used to protect Your YBB Account from unauthorized
access. For clarity, any personal information provided by You on Newtel's bank's
payment gateway URL link, before and at the time of making payment to Newtel, shall
not be considered as User Content and shall be governed by the terms and conditions
of Newtel's bank's payment gateway. You shall have no right to make any claims,
raise disputes or approach Newtel for or against any content or personal information
related to You, whether the same is a part of the User Content or not.1.3In order
to subscribe for the Services, You shall be required to register with Newtel's
Site and choose from the options that relate to the query that You may have
("Query"). As a solution to Your Query, Newtel shall provide an analysis of
Your mobile phone bill or provide a recommendation around the best tariff plan
from the tariff plans specifically supported by Newtel and published by the
service providers in their respective websites, for the User or an estimate
of how much money the User could have saved over the period of the applicable
bill, as the case may be. The recommendations are based on certain assumptions
and the estimated amount is approximate. The estimated bill amount shall be
inclusive of taxes. Newtel does not guarantee the savings or accuracy of the
information in any manner. Further, Newtel makes no claims that the analysis
or recommendations or any part or whole of the Services is accurate or applicability
of the information to any specific situation.
1.3
The registration process of the Site requires You to fill up the details
required during the registration process on the Site along with making the
necessary payments to Newtel through URL to the payment gateway site provided
on the Site in order to subscribe for the Services. Upon registering with
the Site, You will be deemed to have accepted the Agreement and upon which
a password will be sent to You on Your mobile device number provided by You.
You shall use the password to log on to Your YBB Account to use the Services
made available to You by Newtel through the Site. Newtel, however, in any
case, shall not be responsible, neither to You nor to any third party for any
Content or User Content on the Site or any Services availed by the You/ other
users and specifically disclaims any and all liabilities that may arise by
Your/ other users view, access or use of the Site/ Services, as the case may be.
Option to UNSUBSCRIBE- Please note that the Services cannot be cancelled.
You may choose not to renew the subscription once the subscription lapses.
1.4
Your YBB Account is for Your reference only. You shall be solely and completely
responsible for the appropriate use of Your account, including any misuse of
the same in violation of the Agreement. Newtel reserves the right to discontinue
the login on Your YBB Account for violation of this Agreement or any agreement
between You and Newtel or any code of conduct set out by Newtel. Newtel
reserves the right to take all measures necessary to prevent access to any
Content or portion of the Site or terminate access to the site if the Agreement
is not complied with or its provisions are contravened or there is any violation
of copyright, trademark or other proprietary right.
1.5
The Site may provide certain Features that enable sending/ receiving
invites/ solicitation messages/ reminders to Your friends/ contacts whose
details, as required under the specific Features, are submitted and specifically
permitted by You, to be so used. Once such a Feature is selected and consented
by You, You specifically agree that the Feature shall enable sending messages
and reminders, on Your behalf, as the case may be, from Your mobile device
number.
1.6
Notwithstanding anything contained hereunder and subject to this Agreement,
You agree that Newtel shall have the right to use Subcontractors (as defined above)
in performance of its obligations and Services hereunder and, for purposes
of this Agreement, all references to Newtel or its employees shall be deemed
to include such Subcontractors. Newtel agrees to be responsible for the
obligations and Services hereunder and will ensure that its Subcontractors
abide by the applicable terms of the Agreement.
2.1
"Contents" or "Content" shall mean any and
all information, data, text, software, music, sound, photographs, graphics,
video, messages, materials, news, notices, articles, contracts, forms,
documents or other materials and information which may be viewed or downloaded
on or through this Site. Contents shall also include any e-mail, messages,
e-cards or any other information furnished by a user to be displayed on the
Site by Newtel.
2.2
"Feature" or "Features": A "Feature" may include any interactive,
value addition service or other additional feature, introduced on the Site.
2.3
"Site" shall mean the internet site identified generally by the URL
www.YourBillBuddy.com and all pages linked to that URL which pages are
posted and operated by Newtel or its agents.
Newtel reserves the right to charge fees (as mentioned in the list on the
Site) for every Service mentioned therein and rendered to You, as well as
transaction fees, if any, and/ or the applicable taxes in relevant jurisdictions.
You shall be completely responsible for all charges, fees, duties, taxes,
and assessments arising out of the use of the Services. Newtel further
reserves the right to alter any and all fees from time to time, without
notice.
In case, there is a short charging by Newtel for listings, Services or
transaction fee or any other fee or Service because of any technical or
other reason, Newtel reserves the right to deduct/ charge/ claim the
balance subsequent to the transaction, at Newtel's own discretion.
Refunds and Cancellation Policy: You agree that the Services cannot be
cancelled at any time nor can a refund of any monies paid by You to Newtel is possible considering the nature of Services.
4.
REPRESENTATIONS AND WARRANTIES
4.1
You confirm and warrant to Newtel that You have all the rights, power and
authority necessary to provide User Content.
4.2
You must provide true, correct, complete and accurate information and User
Content. Further, You assure that any information with respect to Your friends/ contacts
is true and correct and belongs to such of Your friends/ contacts you know
and not to strangers.
4.3
You may upload User Content on the Site to the extent permitted by the Site,
so long as the same is not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and do not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam" or in any ways against any local customs, laws
or other accepted norms of conduct in the area/country where You reside.
4.4
You shall not use a false mobile number, e-mail address or use someone
else's account to login, impersonate any person or entity, or otherwise mislead
as to the origin of the User Content or other information. However, You acknowledge
that Newtel does not pre-screen the User Content or other information uploaded,
but that Newtel and its designees shall have the right (but not the obligation)
in their sole discretion to accept, refuse, move, or remove any User Content
or other information that are transacted using the Site. Newtel reserves the
right to terminate any YBB Account and prohibit the User from using the Services
or the Site, in addition to taking any appropriate actions permitted under law.
4.5
You must notify Newtel if there has been a breach of security or unauthorized
access of Your YBB Account. You agree not to circumvent, disable or otherwise
interfere with security-related features of the Site or features that prevent
or restrict use or copying of any Content or user content of other users or
enforce limitations on use of the Site or the Content therein.
4.6
You understand that all User Content, whether publicly posted or privately
transmitted, are the sole responsibility of You from whom such User Content
originated. This means that You, and not Newtel, are entirely responsible
for all User Content that You have provided Newtel in order to upload, post,
transmit or otherwise make available through the Site and Newtel shall have
no responsibility/ liability in any case, whatsoever.
4.7
You expressly agree not to use the Site to: (i) harm any user/ third party in
any manner either directly or indirectly; (ii) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through
the Site; (iii) disrupt the normal flow of the Site, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges or
"stalk" or in any other manner harass another user; (iv) interfere with or disrupt
the Site or servers or networks connected to the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to the Site;
(v) upload or transmit any material that is deemed derogatory with respect
to the name, Services or Contents relating to or provided by Newtel;
(vi) intentionally or unintentionally violate any applicable local, state,
national or international laws.
4.8
You expressly agree that this Section 3 (in the manner, as shall be applicable) shall
survive any termination of this Agreement.
4.9
You agree and acknowledge that Newtel does not own or is in no manner related
to Newtel's bank except for using the Newtel's bank's services for the
purpose of facilitating and enabling Newtel's users to make payments for
the Services. Therefore, You understand that Newtel shall, in no case be
held responsible, for any act or omission or loss of data or content or
other privacy or confidentiality issues or an error, interruption or downtime
or any failure of payment or a time-out on Newtel's bank's payment gateway
site or attributable to Newtel's bank or its payment gateway.
4.10
You, further, understand that there may be certain terms and conditions or
limits/ restrictions on the transactions made through Newtel's bank's payment
gateway and You hereby, agree to abide by such rules, regulations, terms,
limits and restrictions while making such transactions.
4.11
Newtel or any of its Subcontractors shall not be in any way responsible for
any loss or damage that may arise to any person from any inadvertent error
in the Content on this Site.
4.12
Newtel, its Subcontractors, its affiliates, employees or associates shall
not be in any way responsible for any loss or damage that may arise to any
person from any inadvertent error in the information contained in the Site.
4.13
Newtel, its Subcontractors, its affiliates, employees and associates shall
not be liable, at any time, for any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer
virus, communications line failure, theft or destruction or unauthorized
access to, alteration of, or use of information contained on the Site.
No representations, warranties or guarantees whatsoever are made as to the
accuracy, adequacy, reliability, completeness, suitability or applicability
of the information to a particular situation.
4.14
NEWTEL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONTENTS OF THIS
SITE AND NEWTEL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR
OMISSIONS IN THE CONTENT ON THE SITE. THE CONTENTS ARE PROVIDED "AS IS" AND
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
4.15
NEWTEL FURTHER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS OR
POINTERS AVAILABLE THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER CODES
THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, NEWTEL DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED.
4.16
NEWTEL FURTHER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS OR
POINTERS AVAILABLE THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER CODES
THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, NEWTEL DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED.
4.17
NEWTEL MAKES NO WARRANTY THAT (i) THE INFORMATION WILL MEET YOUR REQUIREMENTS,
(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE
SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
4.18
ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM
THE SITE IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Newtel
is not liable on the authenticity of such data. Without limiting the foregoing,
under no circumstances shall Newtel be held liable for any delay or failure
in performance resulting directly or indirectly from acts of nature, forces,
or causes beyond its reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment failures,
other equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
5.
LINKS TO OTHER WEBSITES
This Site may contain hyperlinks to websites operated by parties other than
Newtel. The inclusion of hyperlinks to such websites (including but not limited
to, Newtel's bank's payment gateway site) does not imply Newtel's certification
or endorsement of such websites nor any association with their operators.
Newtel or its affiliates or associates or its employees do not provide any
judgment or warranty in respect of the authenticity or correctness of the content
of such other services or sites to which links are provided. A link to another
service or site is not an endorsement of any products or services on such site
or the Site. You shall be solely responsible for any or all the consequences
that arise out of your use of such hyperlinks to websites.
All text, graphics, audio, design and other works on the Site are the copyrighted
works of Newtel unless otherwise indicated. Content on the Site is for personal
use only. Any alteration of the material or use of the material contained in the
Site for any commercial purpose is a violation of the copyright of Newtel and/or
its affiliates or associates or of its third-party information providers. The
Content available on the Site shall not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way without obtaining the
prior permission from Newtel. All responsibility and liability for any damages
caused by downloading of any data is disclaimed.
7.
LICENSE AND SITE ACCESS
7.1
Subject to the payments made hereunder, Newtel grants you a "limited,
non-exclusive license" to access and make personal (noncommercial) use
of this Site for informational purposes and not to modify either the whole
or any portion of the Site. All rights not expressly granted herein are specifically
reserved by Newtel.
7.2
The license shall not include: (i) any resale or commercial use of this Site
or its Contents; or (ii) any derivative use of this Site or its Contents;
7.3
You, Your partners, Your employees, Your agents or any other person associated
with you personally or professionally, may not, with or without compensation,
prepare any derivative works from, or sell, lease, license, e-mail, reproduce,
duplicate, copy, resell, republish, transmit or distribute or otherwise exploit
for any commercial purpose via any media, now known or unknown, any Contents
from this Site to any other entity or individual. No Contents or information
on the Site may be reproduced in any form or incorporated into any internet
web-site or any other information retrieval system, either electronic or mechanical.
It is a condition of your use of this Site that You do not restrict or inhibit
any other user from using this Site.
7.4
You shall not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout,
or form) of Newtel and/or our affiliates without the express written consent
of Newtel. You may not use any meta tags or any other "hidden text" utilizing
Newtel's name or trademarks without the express written consent of Newtel.
Any unauthorized use terminates the permission and the license granted by
Newtel under this Agreement to you.
8.
MODIFICATIONS ON THE SITE
8.1
Newtel reserves the right to modify, suspend/cancel, or discontinue any or
all sections, or Service at any time without notice. Newtel reserves the
right to make modifications and alterations in the information contained on
the Site without notice. You agree that Newtel shall not be liable to You
or to any third party for any modification, suspension or discontinuance of
the Site.
8.2
You expressly agree that any information provided on the Site shall be used
by You at Your risk. You are advised to hereby make proper enquiries and use
the information provided on the Site.
8.3
From time to time Newtel may supplement its terms of use with additional
terms pertaining to specific Content (additional terms). Such additional terms
are hereby incorporated by reference into this Agreement
9.
LIMITATION OF LIABILITY
NEITHER NEWTEL NOR ITS SUBCONTRACTORS OR ITS AFFILIATES, EMPLOYEES, AGENTS
SHALL IN ANY EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF BUSINESS INFORMATION, LOSS OF
GOODWILL, BUSINESS INTERRUPTION OR LOSS OF ANTICIPATED PROFITS OR BENEFITS
RESULTING FROM USE OF THE SITE OR ANY PART OR WHOLE OF THE CONTENT OR ARISING
OUT OF ANY BREACH OF WARRANTY EVEN IF NEWTEL NOR ITS SUBCONTRACTORS OR ITS
AFFILIATES, EMPLOYEES, AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE
OR MISUSE OF OR RELIANCE ON NEWTEL INFORMATION, FROM INABILITY TO USE NEWTEL
INFORMATION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS
TO THE CONTENT OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT
OF SUBSTITUTE CONTENT, LOSS OF GOODWILL, LOSS OF PROFITS, OR LOSS OF DATA.
SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF NEWTEL OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY
WAY TO, THE SITE PROVIDED THEREUNDER. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
You agree to indemnify and hold Newtel and its subsidiaries, affiliates,
officers, agents, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
the Contents you submit, e-mail, transmit or make available through the Site,
your use of the Site, your connection to the Site, your violation of this
Agreement, or your violation of any rights of another user of this Site, any
other dispute, claim or demand with respect to any incorrect disbursement/
non-disbursement of funds or any of Your payment obligations and the interests
chargeable thereon.
The disclaimer and limited liability of Newtel as set out in this Agreement
are fundamental elements of the basis of the bargain for the Content and
access to the Site. You agree that Newtel would not otherwise be able to
offer the Content or the Site on its present basis without such limitations.
This clause shall survive any termination of this Agreement.
12.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, You agree to comply with all
local rules regarding online conduct. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from
the country in which you reside.
Any provision of this Agreement which is invalid, prohibited or unenforceable
in any jurisdiction shall: (i) be ineffective in that jurisdiction to the
extent of the invalidity, prohibition or unenforceability; (ii) not invalidate
the remaining provisions of this Agreement; and (iii) not affect the validity
of that provision in any other jurisdiction.
14.
GOVERNING LAW AND ARBITRATION
All legal proceedings shall be subject to the jurisdiction of the courts in
Bangalore, India and shall be governed by and construed in accordance with
the laws of India and you agree to resolve the disputes under the Arbitration
and Conciliation Act 1996. The venue for such arbitration shall be at Bangalore, India.
This Agreement or Your use of this Site does not constitute any joint venture,
partnership, employment or agency relationship between You and Newtel.
