These Terms and Conditions of Use (“TOU”) apply to the MSVgo website located at https://msvgo.com (Website) and our MSVgo application (Application). These TOU further applies to all the Services in connection with the Application.
PLEASE READ THESE TOU CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THIS DOCUMENT IS AN ELECTRONIC CONTRACT RECOGNISED UNDER THE PROVISIONS OF THE INFORMATION TECHNOLOGY ACT OF 2000. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. BY AVAILING THE SERVICES THROUGH APPLICATION OWNED AND OPERATED BY TERCERA VENTURES PRIVATE LIMITED [“COMPANY” OR “Company”] YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS OF SERVICE, PRIVACY POLICIES AND ANY DISCLAIMERS PROVIDED BY THE COMPANY HEREUNDER.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY STOP THE USE OF THE SERVICES. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
These Terms govern your access to Our Website and use of Our software, products, and/or Services offered through the Platform or App (individually or collectively, the “Products”) and any information, content, text, graphics, photos or other materials uploaded, downloaded, purchased, or appearing on or through the Website and the Products (collectively referred to as “Content”) and accessed through devices such as computers, mobiles, tablets or any other similar devices including any mobile communication device.
App or Application: The app with the name MSVgo, available on Google Play and App Store owned and operated by Tercera Venture Private Limited.
Billing Cycle: Period for which a subscription fee is charged on a-prior basis and in one-go, which is 30 days, starting from the subscription of the service, exclusive of the free trial period, if any.
Service/s: Any paid or unpaid use of MSVgo, availed through its App, and through any device, including but not limited to desktop, mobile phones and tablets.
Subscription Fees: Fees payable for a particular billing period in accordance with the Subscription model as provided under Subscription Fees below.
Subscription: Terms, scope, and other conditions, including but not limited to payment options and duration, that determine and qualify the usage of Services .
User: Any person or entity with an user account who uses the Services through MSVgo, either on his/her own behalf or on behalf of any other person, entity or organisation.
Unless otherwise specified in this Agreement, Website, Application, its content, domain name and URL www.msvgo.com are our sole and exclusive property. All underlying technologies, designs, processes, techniques, ideas, know-how, source code, and management files behind the development, continued service, and maintenance of Application or Website, as well as any modifications, revisions and improvements that shall be done to the same, are our sole and exclusive property. Any person who offers any feedback, comments or suggestions, including but not limited to creative ideas, original materials, or suggestions relating to products, Services or marketing plans, shall not be entitled to claim any rights, including proprietary rights, over the same. All such feedback, comments and suggestions shall be treated as non-proprietary and non-confidential and may be used by us or our partners for any purpose, including but not limited to product or service solicitations, reproduction, disclosure, transmission, publication, and broadcast.
The copyright in all content provided, included, or otherwise made available on the Website and Application, including, but not limited to audio, visual, interactive and textual content such as ebooks, graphics, logos, data compilations, digital downloads, short videos, podcasts, presentations, PDF format documents etc vests with us and is protected by copyright law in India, international copyright treaties and relevant conventions. Except as provided in these TOU, all content (belonging to us) may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission or the copyright owner.
We respect the intellectual property rights of others and expect Users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We shall retain the rights to remove any content that infringes upon any of our intellectual property rights including copyright or trademark rights, without any prior notice whatsoever to Users.
Our and other third party’s trademarks, service marks and logos (“Trademarks”) are used and displayed on this site are registered and unregistered Trademarks. They must not be displayed, copied or otherwise used in any manner by you in the absence of prior written consent from us or any such third party which may own the trademark in question. Such trademarks may not be used for or in connection with any other product or service so as to create confusion amongst the customers, with respect to the Services offered by us through Application and such other product or service, or to defame, disparage or discredit us or MSVgo.
All patented technologies and designs owned by us and pertaining to the development and continued functioning of MSVgo shall be our exclusive property and may not be used by any other person without our express consent and the satisfaction of any other terms that we may deem suitable, including but not limited to, payment of a certain amount of money.
You undertake to make the best efforts to protect the content of the Service from illegal and unauthorised use and distribution. Visitors and Users may not modify, distribute, publish, transmit, or create derivative works of any material found on the Website or the App (as relevant) for any public or commercial purposes. We reserve the right to permanently or temporarily disable any User account, without prior notice, if it is found to be infringing our intellectual property rights, or those of the Users.
Website or App may include links or other references to third party websites which are not controlled, managed, maintained, regulated, or associated in any other manner with/by us. We are not responsible for the content, privacy practices, other work practices or any other activities of such websites. Neither are we responsible or legally liable for any damage or loss, whether direct, indirect, remote or consequential, incurred by you by virtue of, in connection with or incidental to your access, use or any other means of reliance on such websites, or on any information, goods or services provided by them.
Furthermore, we are also not responsible or legally liable for any third party websites providing links to our Website or App.
All users understand and acknowledge that we may use the Website or App for further monetization purposes through various means such as advertisements, promotions or sponsorship features (“Monetization”). We may implement additional operating rules, policies and procedures relating to this from time to time, by posting them to our Website/App or through a notice provided through the services rendered, via e-mail or by other appropriate means of electronic communication. Such rules, policies and procedures shall be in addition to these TOU and will govern your access to and use of the Services. Such Monetization opportunities may be extended by us to you, and in a manner as determined by us and subject to the subscription model as provided under Subscription Fees (under paragraph 9 below).
All users with authorised accounts on our Website/ Application, as provided by us, are users of our Services through MSVgo or any other solution/service/product/system that we offer that includes MSVgo as part of it for the purpose of this agreement. As a User, you understand and unconditionally undertake the following:
That you are above the age of majority in your applicable jurisdiction. In case the Service is being accessed or used by a Child (below the age of majority in your applicable jurisdiction), you acknowledge and undertake that:
You are competent and have all the necessary legal rights to enter into this Agreement on behalf of the child.
You grant your consent to us for your child to consume/participate in content created and/or distributed by the Company on the Website and Application in relation to the Services provided. You undertake that the participation of the child and all the activities done by the child will be under your direct and constant supervision. You further accept complete liability arising out of the child’s acts, whether direct or indirect.
That the information provided by you in the course of your registration and any time thereafter is true to the best of your knowledge.
That in case of any change in the said information as necessitated by passage of time, or for any other reason, shall be duly intimated to us within a reasonable amount of time.
That you shall be solely responsible and legally liable, to our exclusion, for any and all activities done from your authorised user account.
That the password to your account shall be duly protected and secured by you.
That in the event of your password being compromised or your security being otherwise breached in any manner whatsoever, you shall intimate us immediately.
That you shall not use a username which is indecent, vulgar, abusive, obscene, or otherwise not civil to use.
Stalking, intimidating and/or harassing another and/or inciting other to commit violence.
Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted.
Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these TOU.
Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites.
Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services.
That you shall not use a username on behalf of any other person or entity, to the extent that the same is unauthorized, unlawful, illegal, or otherwise prohibited.
That you shall respect the interests, claims and rights, including but not limited to intellectual property rights of all other users as well as of our intellectual property rights throughout the duration of your use of our Services and at all points of time thereafter.
That in the event of your non-compliance with any or all of the terms enumerated in this without clause, we shall have the unrestricted right to suspend or terminate your User Account prior notice and initiate legal proceedings against you.
You may not sub-license, loan, distribute, assign, transmit, sell, or otherwise transfer, any rights and obligations accruing to you by virtue of this Agreement. Furthermore, you may not engage in any indecent, inappropriate or uncivil behaviour with any other user on our website, lest you shall be liable to have to have your account temporarily, permanently or indefinitely suspended, and to incur legal consequences.
Different subscription models are made available to you on the Application. Once you’ve chosen a suitable subscription model, you shall agree to incur the initial and recurring subscription fees at the then-applicable subscription rate. To clarify, all recurring subscription fees shall be at the rate prevailing at the time of recurrence, and not the initial subscription. The applicable fee shall be automatically processed in every Billing Cycle thereafter. If you wish to cancel your subscription, you may do so at any time by opting-out of it. Subsequent to opting-out, you shall not be charged for any month thereafter. If an automatic payment is declined, your subscription shall be put on hold with immediate effect and may continue only after the due amount has been paid. Any fees once processed for a Billing Cycle is non-refundable.
In-app purchases may be availed by you of the App for purchasing monthly subscriptions/disabling advertisements/purchasing any other product or Service (choose as applicable). You shall be solely responsible for all your in-app purchases, including but not limited to, the amount spent on them and opting out of any automatically recurring purchases (if applicable). If you are not of the age of majority in your jurisdiction, you must obtain parental consent for making such purchases. We are not responsible for verifying your age for this purpose and is not legally liable for any consequences emanating from the absence of such parental consent. All billing and transaction processes shall be handled by the App Store Provider from which the app was downloaded and we shall have no obligation to entertain any requests pertaining to any payment or billing related issues arising from such in-app purchases.
ERRORS IN SERVICE AND LIMITATION OF LIABILITY
You avail the Services offered by us at your own risk. The Services provided by us are on an “as is” basis. We offer no warranty, whether express or implied, with respect to any aspect of any of the Services offered by us. We do not guarantee or warrant that:
Our Services shall be uninterrupted or error free.
They shall meet your requirements.
They shall be free of viruses or any other harmful components.
They shall be available at your desired location.
Errors in Service would be acknowledged, and corrected within a stipulated time, or acknowledged or corrected at all.
The information obtained by you in the course of use of our Services through MSVgo shall be free from any error or completely reliable.
We will be responsible for the conduct of any third party using our Services.
We are responsible for any security breach of user accounts on its websites, including but not limited to any or all of its user account passwords being compromised.
Additionally, notwithstanding any other terms and conditions herein, we reserve the right to modify or discontinue, temporarily or permanently, or suspend the Services (or any part thereof) with or without notice, including for the purpose of maintenance of the Product(s). We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuation of Service(s).
Furthermore, you agree to indemnify and hold us harmless for any and all damages, losses (direct, indirect, remote or consequential) incurred by you due to any of the errors in Service enumerated in this clause.
In no event, we shall be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by You or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Product or any content provided on or through the Product.
Our liability for any and all claims in the aggregate, arising out of or related to your use of the Product, shall not under any circumstances exceed the amounts actually paid by You to us for the Services.
If, in the course of your access or use of the Services provided by us through MSVgo Website and App, or for any other purpose connected with or incidental to the such access or use, or such use or access by any third party using your account and password, or in the event of a breach on your part of these terms and conditions, you shall indemnify, defend and hold us harmless for any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of the same. You release us from all eligible claims that other users or third parties may file against us due to a violation of their rights by content posted by the user or due to a violation of other obligations.
Without limiting any other rights that we may have, we may remove, restrict, cancel or suspend access to and/or use of the App / Website, Services provided by us and any part of it, if we consider (in our sole discretion) that You have breached any of these Terms. In addition, we reserve the right to terminate our agreement with you, with a two-week notice period to inform your users, if we determine that said agreement is not suitable for us either monetarily, socially, or for any other reason of our sole determination. We shall not be held liable to provide any justification or be held liable for payment of damages of any sort whatsoever to you or any third parties involved for such termination.
You may also terminate your agreement with us by ceasing to access the App / Website, Services, without affecting any rights or remedies, which have accrued up to the time of termination.
All these terms and conditions are independent of one another. Therefore, if a court of competent jurisdiction rules any part of these terms and conditions to be invalid, illegal or unenforceable, then only such terms and conditions, or parts thereof, shall be severed, and the remaining terms and conditions, and parts, shall survive and continue in full force and effect, governing the use of our Services, as though the severed terms were not a part of the agreement.
GOVERNING LAW AND JURISDICTION
These terms and transactions contemplated hereby shall be governed by, construed and interpreted in accordance with the laws of India. Therefore, any dispute arising from or in connection to your use of our Services shall be governed by laws in India, without regard to your place of domicile, or location at the time of availing our Services. You hereby understand and expressly submit to the exclusive jurisdiction of courts at Mumbai to resolve any disputes arising out of or in connection with your use of any Service offered by us through Website or Application.
This Website / App may not be accessed from territories where accessing any or all of its contents is unlawful, illegal or otherwise prohibited. We are not responsible for any such accessing of the website by any person or entity and any legal liability emanating from such access shall solely accrue to the said person or entity.
UPDATION OF TERMS AND CONDITIONS
Our terms may be updated from time to time. A due notice of the same shall be given to you, either through email or through a notification on our website or the app dashboard. After notice is duly given in any of these modes, the terms shall be considered to have been updated and your use of our Services shall thereafter be governed by such updated terms. If the updated terms are not agreeable to you, you must stop using our Services with immediate effect. In such a case, you may cancel your subscription with us. Your use of our Services after the notice of the updated terms has been given either on our website or through email is indicative and conclusive of your acceptance of them, and you shall thereafter be legally bound by the updated terms.
If you have any questions about these TOU, please contact us by email or postal mail on the channels listed on the Website or Application.