Terms & Conditions
These terms of services govern legal agreement between MayvinTech and a person who is user of these services by accessing the site.
Terms and Conditions!
These terms of services govern the legal agreement between MayvinTech and a person who is a user of these services by accessing the site.
- While registering with us
- The user declares and ensures that all the information provided (including personal) is true, genuine and accurate.
- The user also abide to maintain and update the registered data in order to keep recent, completed and authentic data.
- If the user is individual than he/she should be of legal age and has the requisite legal standing to form a binding contract with MayvinTech and is not a person barred from receiving services under the laws of India or other applicable jurisdiction.
- User will have his own “User Account”, UserName and Password after the registration. User is solely responsible for the usage of such account. User also acknowledge that to get access to services he/she needs to go through the authentication by providing correct username and password. The user is also responsible for the safeguarding and confidentiality of the account and for any of the use or misuse of the account by the third party using the username and password provided to you. The user also agrees to notify MayvinTech immediately for suspicious or unauthorized access to users' accounts, breach of security and or misuse of it as MayvinTech is not responsible for the fraud of any person or of other users of the user’s account.
- The user also accept and acknowledge that the usage of Credits, if any granted or given by the MayvinTech at the time of registration or any time after that subject to all the terms and conditions of services agreement.
General Terms and Conditions.
- The services provided here are restricted to the Indian Territory and to the recipient in India only.
- User acknowledge that MayvinTech, at its sole discretion, deactivate the User’s password, account and / or access to this without any prior notice. MayvinTech also reserves the right to remove or cancel any content or prevent distribution of any content without any notice and without any obliged to provide further explanation for the same. The User hereby authorizes MayvinTech to rely on any data, notice, instruction or request furnished by the User to MayvinTech, or that MayvinTech reasonably believes to have been furnished by such User.
- The User acknowledges and agrees that MayvinTech acts merely as a facilitator in respect of the Services and shall not be liable or responsible in any manner whatsoever for the Content or any other aspect of such Service.
- The User agrees that MayvinTech reserves the right to decline, exclude or otherwise limit the use of the Services by any User, including the right to terminate the use of any Services by any User without warning at any time for any reason as MayvinTech in its sole discretion may be deemed necessary, or without reason. MayvinTech in no way is liable for such rejection, limitation or termination at any time by a User of the use of any Services.
- The User agrees that any modification of the Services that alters the way the Service can be used and/or the launch of new Services will be subject to and therefore regulated by the ToS and other relevant Service Agreements unless otherwise indicated.
- The User accepts and understands that it is at the User's own expense to access and use the Website and any and/or all of the Services. The User agrees that the Service is dependent on telecommunications companies and mobile network providers (operators) and MayvinTech makes no assurances whatsoever as to the quality, accuracy, security, timeliness or availability of the Website or Services network. Without limiting the foregoing, MayvinTech makes no representations or warranties on the condition, suitability, reliability, availability, completeness, security, timeliness or accuracy of the information, software, services and materials on the Site for any purpose whatsoever. All such information, technology, services, and materials will be given "as is" without any kind of warranty. MayvinTech hereby disclaims all express or implied representations, warranties and conditions relating to this material, Software, Services or Materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- The User acknowledges and accepts that it is entirely responsible for making sure compliance with the Telecom Regulatory Authority of India's (TRAI) Telecom Commercial Communications Customer Preference Regulations, 2010 (TRAI Regulations) and any and all other rules, regulations, requests, decisions or laws that may apply from occasionally to the use of any of the Services. The User accepts and agrees that it is solely accountable, explicitly or implicitly, for any damage or loss caused or claimed to be caused to MayvinTech by or in connection with any abuse of the Services provided by the Company in connection with any and all other violations of the provisions of the TRAI Regulations or Law.
- The User hereby agrees to protect, indemnify and hold harmless and acknowledges that MayvinTech, its associates, directors, officials, staff, etc., shall continue to be indemnified without any demur or appeal against any or all injuries, damages, acts, proceedings, including but not limited to legal expenses relating to violation of these ToS or the rights of any third party (including, without limitation, violation of any copyright, infringement of any proprietary right and infringement of any privacy rights) and also of any action taken by any regulatory authority or the Operator or any third party with regard to the misuse of the Services used by the Company, including, but not limited to, infringement of any of the provisions of the TRAI Regulations or infringement of any law or other matter.
- The User acknowledges that MayvinTech assumes no implied or explicit responsibility for the information stored and/or published through the Website by the User. The User further acknowledges and recognizes that all of the User's statements and opinions are the sole statements and opinions of such User and do not necessarily represent the views of MayvinTech. Please contact MayvinTech at the following email address support@MayvinTech.com to anyone who claims that any Content stored and/or posted on the Web or transmitted through the Site by any User infringes any rule.
- The User accepts that each one software package utilized in reference to the Services is owned by (MayvinTech) and is protected by the applicable property Laws of India and laws of the other jurisdiction within which such software package is employed as is also in effect from time to time. The User agrees that it shall not, directly or indirectly, copy, modify, produce spinoff works, and in any approach try and discover the supply codes of the software package, sell license or transfer to the third parties any right the software package. additional the User shall not have any rights over the software package in any manner. The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, produce spinoff works from, transfer, or sell any data, Software, services or advantages obtained from the location, except as expressly provided herein. The User additional agrees that the User shall not reproduce or distribute any software package in which the User shall not copy or reproduce the software package to the other server or location for further copy or distribution. The User agrees that it shall not decompile, dismantle, reverse engineer or otherwise decide to discover any secret contained within the website or in any product, service or software package provided through the location.
- The right to use any Service is limited only to the User. Where the User is a Company, such right shall include its employees, provided that any offends against the law by the employees of such Company of the provisions of the ToS or any Service Agreement shall be deemed to be violations by the Company and accordingly for the purposes of the ToS and/or any Service Agreements, the Company shall be liable to MayvinTech for all such contraventions.
- Users shall not use a name in connection with using any of the Services that is confusing or misleading or otherwise, impersonate or deceive anyone with respect to its identity. The User further agrees that the User shall not restrict or inhibit any other user from using and enjoying such other User's rights in the Site or with respect to any Service and should not interfere with or disrupt the Site or servers or any network connected to the Site.
- The User agrees and accepts that the User shall not use any of the Services through or in connection with the Site to:
- rent, lease, provide security in or otherwise move user’s rights to any third party unless otherwise indicated and agreed by MayvinTech.
- publishing false information, damaging reputation, crime of making false statement, impersonate, abuse, harass, threaten, invade the privacy of someone or otherwise violate the legal rights (including Privacy and Publicity rights) of third-party persons.
- promote or forward unlawful conflicts, ladder schemes, chain letters, unrequested or illegal attention, unauthorized advertising, unpromoted e-mail (including "spamming") or multi-level or illegal marketing campaigns.
- in any way hurt minors,
- distribute post or link to any content, site, topic, name, material or information which is not legal, not suitable, secular, damaging reputation, constituting a libel, malicious, breaking the ToS, description of sexual matters or containing nudity.
- Software or its material protected by legislation on copyright law and licenses, advertising or privacy rights, except for the user owns, or has such rights or has received all proper consents for the publication, distribution, or linking of such software and other materials;
- software, content or other material that contains malware, corrupted files, viruses and or intentionally spread to damage the operation of commuters or computer parts of MayvinTech.
- software, content or messages that contain abusive or threating speech, for individual or a community and based upon the race, gender, national origin, particular religion or language of a particular person or group.
- distribute, sell or facilitation of firearms; explosives; ammunition; liquor; tobacco products; illegal gambling, food which is not in package or does not comply with all applicable laws for sale to consumers by commercial merchants, illegal drugs, medicines, and controlled substances, stolen goods that violate a third party's rights including trademark, copyright, patent or rights of publicity or privacy; pornographic material; registered or unregistered securities, goods which do not exist in real or misrepresented, services or activities that if sold by any of the Services site would cause MayvinTech to violate any law.
- Collecting information about the 3rd party without their consent or violating any of the government law.
- The User accepts that the Services provided by MayvinTech without any warranty and no advise, suggestion, help, written or verbally, provided by MayvinTech to the User, shall imply any warranty from MayvinTech. MayvinTech is not obliged to any harm to occur or for the loss of any Content of the User or for any other loss suffered by the User as a result of using the Services. it will be the sole responsibility of the user to maintain a copy of the Content. MayvinTech declines any responsibility to loss data cause of the viruses, damaged files, errors, interruption of any of the Service, network problems, non-authorized access, modification of data, merchantability and fitness for a particular purpose or for any other claim of a similar nature. MayvinTech reserves the right to modify any and/or all the Services at any time, even without notice to the User.
- In addition the User agrees that, if the User violates any of these ToS or any applicable Service Agreement the User shall forfeit all Credits accrued to the User in connection with the Site and there will be no refund of any fees prepaid by the User to MayvinTech.
- The User acknowledges and agrees linked sites are not under the control of MayvinTech and that MayvinTech is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or transmission received from any linked site.
- The User accepts that MayvinTech won't be to blame for any directly or indirectly, accidental, adverse, special important or extraordinary damages for loss of , data, accounts, revenues or profits, arising out of or in any approach connected with the employment or performance of the positioning or any of the Services, or with the delay or inability to use the positioning or any Service and connected graphics obtained through the positioning; or otherwise arising out of the employment of the website, whether or not supported contract, tort, negligence, strict liability or otherwise, although MayvinTech or any of its suppliers has been suggested of the likelihood of damages. The User acknowledges that if the User is discontent with any portion of the positioning, or with any of the ToS or the other Service Agreement, the User's sole and exclusive remedy is to discontinue victimization the positioning and its connected Services. it's processed that within the event of such conclusion, the User shall not be entitled to receive any refund of monies paid by such User to MayvinTech or create the other claims some against MayvinTech.
- The User confirms and publicizes that the Services are being availed with the aid of the User for itself and the User is no longer a middleman acting for and on behalf of a third party.
- MayvinTech reserves the right to drop the offerings every time with or except note in case of any order/direction by way of a Statutory Body (State or Central) or Judiciary.
- You also agree to get hold of promotional, transactional and commercial communications from MayvinTech via e-mail or SMS.
- The User shall be accountable for all Content uploaded, displayed, transmitted or in any other case used on this Site or published and/or distributed thru this Site with the aid of such User and MayvinTech shall have no responsibility or liability in any way in recognize of such Content. MayvinTech reserves the right, however, it is not obligated, to screen or to evaluate the Content of the User and to monitor User's compliance with the ToS. MayvinTech reserves the right in its sole discretion to edit, refuse to post or dispose of any Content which, in the opinion of MayvinTech violates the ToS or that MayvinTech for any different purpose can also deem unfit or incorrect to be used on the Site, at any time barring note to the User.
- The User represents and warrants that all Content uploaded or distributed through the Site by means of it is owned through such User, or that such User is otherwise well entitled to display, sell, market or in any other case use such Content. MayvinTech shall no longer be responsible or accountable in any manner in anyway in admire of any dispute as to the possession of such Content or in respect of any other dispute, claim, etc. of any nature in anyway in admire of such Content. The User similarly is of the same opinion to indemnify and continue to hold indemnified MayvinTech towards any claims of any nature whatsoever in admire of the ownership and use of all such Content.
- All Content uploaded or otherwise used on this website have to conform to the content rules, if any, furnished by way of MayvinTech from time to time.
- The User acknowledges that MayvinTech does no longer promote the Content, but instead offers a Service to transfer the Content provided by way of the User from the net to cellular and other devices. MayvinTech does not operate any control, monitor, validation or verification over the Content of the User, and consequently cannot be held accountable for the type of Content which can be observed on its platform or transmitted through the platform. However, MayvinTech shall not be accountable or responsible in any manner whatsoever for the authenticity, ownership, accuracy or for any different declare in any way in recognize of such Content.
- The User agrees that MayvinTech reserves the proper to cost the User for use of any Services at the rate and in the manner as may be decided by means of MayvinTech from time to time (Consideration). The User acknowledges and is of the same opinion that MayvinTech shall have no responsibility to justify the quantity of Consideration charged for any Service or be responsible or in charge in any manner whatsoever to the User in recognize of such Consideration.
- The User shall pay Consideration for all Services thru the use of Credit Card, net banking or offline mode with the aid of cheque or demand drafts in opposition to which Credits will be issued which shall be utilized for availing Services situation to the phrases and prerequisites for the use of such Credits. The User shall pay Consideration in improving for the use of any Services.
- MayvinTech shall not underneath any circumstances, be dependable to refund or in any other case return any cash paid with the aid of a User for use of the Services, whether by way of buy of Credits or otherwise, besides as specially supplied in these ToS.
- The Commercials stated right here are a problem to change/modification from time to time relying on the change in classified ads supplied by means of Network Operator(s) and or Statutory Body. Such adjustments shall be communicated to the registered email ID with MayvinTech or the equal shall be communicated on the home page of the MayvinTech website.
- "Credit" capability one widespread short message (SMS) of 160 characters which shall be mirrored in the User Account of the relevant User, and "Credits" shall be construed accordingly. A standard text message is a hundred and sixty characters lengthy (SMS despatched the usage of the GSM 3.38 Character set). Users can send longer SMS of up to 918 characters which are break up into smaller SMS and later joined at the receiving end which is a mobile. In this scenario, SMS length is calculated for 153 characters as 7 characters are used to merge the message when it is delivered to the handset. Unicode permits the support of an awful lot wider persona set, and consists of most character sets in the world, the preferred length of a Unicode message is sixty-three characters (compared to 160 for GSM). Long messages are supported for Unicode messages as well, and they are in multiples of sixty-three (compared to 153 for GSM).
- Any Credit as soon as bought is not refundable, encashed or in any other case redeemed via the User without for the use of Services except specially referred to in any other case in these ToS. If the User opts to shut his User Account all Credits collected in such User Account will at once thereafter expire and quit to be valid. If the User Account is closed by means of MayvinTech in accordance with the rights granted to MayvinTech below the ToS or any of the Service Agreements, all Credits gathered in the User Account of such User shall stand forfeited immediately. MayvinTech shall now not under any circumstances incur any monetary or other legal responsibility to the User or any different person in admire of Credits expiration/forfeited as an end result of the closure of the User Account.
- Credits might not be transferred between Users or from one to another user Account.
- MayvinTech reserves the right to cancel the sale of Credits to any User based on its sole discretion.
- MayvinTech reserves the right to refuse the Credits of any User, and/or to not allow such User to use such Credits for a period of time as MayvinTech can also in its sole discretion deem fit, in case if MayvinTech observes that the User is misusing the Services (which consists of but now not limits to spamming, phishing, etc). Users must not use the offerings for any illegal activity like fraudulent transactions, communications to an individual or a group of individuals with an intention to commit any fraud).
- MayvinTech reserves the right to seize any Credits of a User in accordance with the provisions of this Agreement. All seized Credits shall stand to lose immediately and the User shall not have any further claim or right and MayvinTech shall have no responsibility whatsoever in respect of such seized Credits. MayvinTech also reserves the right to change the number of Credits based on the amendment in the cost of each Credit due to change in commercials by Operator/Statutory Body with or without informing the User.
Governing Law and Jurisdiction
The User and MayvinTech agree that these ToS shall be conducted by the laws of India and disputes that may arise from or in connection with the ToS shall be subject to the jurisdiction of the Courts of Madhya Pradesh, Indore - India.
The User consents that if any provision of these ToS shall be held to be illegal, invalid or unenforceable, below any enactment or relevant Law, such provision or part thereof shall to that extent be deemed not to structure a part of these ToS, and the legality and enforceability of the rest of these ToS shall not be affected. These ToS constitute the whole settlement between the User and MayvinTech with regard to use of the Services and all different written or oral agreements or understandings formerly current between the User and MayvinTech with recognize to such use are hereby outdated and/or canceled. MayvinTech's failure, if any, to insist on or enforce strict overall performance of these ToS shall no longer be construed as a waiver by means of MayvinTech of any provision or any proper or future proper it has to implement these ToS, nor shall any route of conduct between MayvinTech and User or any different birthday celebration be deemed to alter any provision of these ToS. These ToS shall no longer be interpreted or construed to confer any rights or remedies on any third parties.
The User concurs no longer to represent himself/ herself to be an employee of MayvinTech and that MayvinTech will now not be dependable by means of the cause of any representation, act or omission to act through such User. The User consents that no joint venture, partnership, employment, or business enterprise relationship exists between the User and MayvinTech as a end result of these ToS or use of the Site.
The User accepts that MayvinTech's performance of this agreement is concern to present laws and legal process, and nothing contained in these ToS is in derogation of MayvinTech's proper to comply with governmental, court and law enforcement requests or necessities concerning to the use of the Site or records furnished to or gathered by means of MayvinTech with recognize to such use.
MayvinTech will furnish the offerings on a fine effort basis and it takes no accountability for the delay in the Services as the delivery will be inter-operator dependencies.
Use of Service Numbers
The User accepts that MayvinTech does not guaranty the continued use of any Service Number and that use of such Service Number may additionally be discontinued at any time without aware to the User. If the Service Number of any User is discontinued MayvinTech shall make all lifelike efforts to grant such User with an alternate Service Number for the continuation of the Services (Alternate Service Number).
The User consents that if MayvinTech is unable to grant an Alternate Service Number due to any reason, MayvinTech shall have the right to refund the proportionate quantity of Credits paid by way of the User for the use of the Service Number and such refund of Credits by MayvinTech shall utterly and in the end settle all liabilities and claims whatsoever of the User in this regard. The User similarly concurs that the liability of MayvinTech in the tournament that MayvinTech does now not grant an Alternate Service Number to the User shall not beneath any circumstances be in excess of the proportionate amount of Credits paid through the User in recognize of the precise Service Number.
In addition to the General Conditions of Service a User of any of the promotional marketing campaign offerings concurs to be sure by way of the following terms and conditions:
The User should provide MayvinTech with a list of customers of a promotional campaign and MayvinTech shall, in accordance with the terms and conditions push the relevant Promotional Messages to the gateway of the Operator for forwarding to the Recipients.
The User accepts that MayvinTech shall only ensure that the Promotional Messages are pushed to the gateway of the Operator through whom such Promotional Messages are transferred to the consumers and that MayvinTech must not required to take any further action and shall not bear any further obligation in respect of such Promotional Messages. MayvinTech does not guarantee the receipt of the Promotional Message by the Recipients and shall not be liable in any manner whatsoever for the failure of delivery of the Promotional Messages to any and/or all the Recipients.
The User represents and warrants that all the Recipients listed in the list of Recipients provided to MayvinTech have consented to get hold of the relevant Promotional Messages and that pushing of the Promotional Messages to such Recipients shall no longer constitute a violation or breach of Applicable Law together with the TRAI Regulations. In the match that it is located that any of such Recipients has now not consented to the Receipt of such Content/ Promotional Message or has objected to the receipt of such Content/Promotional Message for any purpose whatsoever, all duty and liability in this regard shall rest entirely on the User and MayvinTech shall not be accountable or in charge in any manner in any respect in this regard. The User agrees to indemnify and continue to hold indemnified MayvinTech from any loss, harm or declare by any means in respect of the sending of any Promotional Message or use of any other Service to a Recipient who has no longer consented to the receipt of such Promotional Message or different Service.
The User has the same opinion that MayvinTech reserves the right, but is not obliged, to filter all Promotional Messages and also reserves the right to not push any and/or all Promotional Message to any and/or all Recipients for any purpose as MayvinTech may, in its sole discretion, deem fit. The User further is of the same opinion that MayvinTech shall now not be accountable to the User or any different party in any manner in any respect in appreciate of such selections taken by MayvinTech to now not push any and/or all the Promotional Messages to any and/or all the Recipients and MayvinTech shall additionally not be responsible in any manner whatsoever in the match that it does not filter such Promotional Messages also applicable Promotional Messages shall be pushed to the gateway of the Operator inside the particular time period pre-agreed to between the User and MayvinTech.
The User acknowledges and has the same opinion that it shall be solely responsible for making sure all compliances with the TRAI Regulations. The User acknowledges and concurs that it shall be fully liable, without delay or indirectly, for all injury or loss prompted or alleged to be prompted to MayvinTech, through or in connection with any misuse of the Services furnished via the Company with admire to pushing any business communications to subscribers and for any and all other violations of the provisions of the TRAI Regulations users also concurs to defend, indemnify and preserve harmless and is of the same opinion to continue to maintain indemnified MayvinTech, its affiliates, directors, officers, employees, etc. besides any demur or protest, in opposition to any/all losses, damages, actions, proceedings including however now not restrained to legal expenses with recognize to any motion taken by using any Statutory Body or the Operator with respect to the misuse of the Services availed from the Company including however no longer constrained to, for the breach of any of the provisions of the TRAI Regulations at some point of the complete length of the Promotional Campaign and for all periods after the expiry or termination of the applicable Promotional Campaign.
If the User is desirous of terminating any Promotional Campaign it shall furnish a request in writing to MayvinTech for such termination of the relevant Promotional Campaign (PC Termination Request) and MayvinTech shall subsequent to receipt of such PC Termination Request make all realistic efforts to terminate the applicable Promotional Campaign at the earliest. The User further agrees that regardless of making such PC Termination Request, the User shall proceed to be accountable to make repayments of all quantities due to MayvinTech for Services supplied between the time of receipt of PC Termination Request through MayvinTech and the true termination of the applicable Promotional Campaign. If due to any purpose whatsoever, MayvinTech is unable to terminate any Promotional Campaign, the User consents that it shall be accountable to make all payments to MayvinTech in appreciate of such Promotional Campaign as if no PC Termination Request had been made by using the User. Nothing contained above shall reason or suggest any legal responsibility of MayvinTech to the User and the User consents that it shall indemnify and proceed to maintain indemnified MayvinTech in the manner prescribed in the ToS.
For Affiliate Partners and Dual Brand Partners The whole liability of MayvinTech for the reasons immediately attributable to it and your different treatment for any dispute in connection with the Affiliate Program and the Dual Brand Program shall in no match exceed the relevant Commission payable to You. The user must not send more than 100 SMS per day via Email2SMS. The limit is not applicable for dedicated channel users.
In addition to the General Conditions of Service any User of API Services shall be sure through the following terms and conditions:
The User acknowledges and undertakes that the User shall not have rights over any API offered by way of MayvinTech for the User to enhance the preferences for utilization of Services and such API shall belong to MayvinTech. MayvinTech has disclosed the API only for the cause for utilization of Services by way of the User. The User undertakes and agrees that it shall not, without with the prior written consent of MayvinTech: (i) allow or in any manner facilitate or permit the utilization of any APIs by way of any individual other than the User; (ii) develop/create/build any product or service using one or extra of the APIs to be used without by way of the User; (ii) redistribute or reuse any APIs or distribute or promote any products or services developed the usage of any APIs. The User acknowledges and accepts that if it desires to undertake any of the moves stipulated in (i), (ii) or (iii) above, the same would be challenge to the prior written consent of MayvinTech and challenge to specific additional terms and prerequisites stipulated via MayvinTech, in its sole discretion, in this regard.
The User agrees that it shall be totally liable, at directly or indirectly, for all loss alleged to be triggered to MayvinTech, with the aid of or in connection with any misuse of the API or due to use of any API different than in accordance with the phrases targeted herein.
The User hereby agrees to defend and preserve harmless and has the same opinion to proceed to keep indemnified MayvinTech, its affiliates, directors, officers, employees, etc. barring any demur or protest, against any/all losses, damages, actions, proceedings which includes however not restricted to prison fees with recognize to any motion taken by any Statutory Body or the Operator with appreciate to the misuse of the API inclusive of but not restrained to, for the breach of any of the provisions of the TRAI Regulations or any different Law for the time being in force.