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Legal Information:These Terms of Service (TOS) are an agreement between (name of company) and and any Person who is a user of  the website. The term 'Person' shall include any individual, corporation, partnership, limited liability company, trust, joint stock company, business, limited liability partnership, trust, unincorporated association,  joint venture, governmental authority or other entity of any nature whatsoever.These TOS shall be read in conjunction with all amendments, additional terms, Privacy Policy, or any other terms that govern the services provided through this product from time to time (together, the Service Agreements).
I. REGISTRATION
(a) The User, upon registration and successful completion of the registration formalities/payments (Registration) may avail the use of the paid services on the Site. Registration implies acceptance of the terms of the TOS, additional terms and Privacy Policy as may be in force from time to time, including the terms of payment as may be applicable at the relevant time or at any time thereafter.
b) The User hereby declares and agrees that (i) all information (including personal information) provided by the User during Registration is true, genuine and accurate and that the User shall ensure that all such information is current, complete, and true at all times; (ii) the User shall maintain and update the User's registration data, in order to keep such data current, complete and true (iii) the User represents that he/she is of legal age (if the User is an individual) and has the requisite legal standing to form a binding contract with Text Local and is not a person barred from receiving Services under the laws of India or other applicable jurisdiction.
(c) All personal information provided by the User in order to accomplish Registration shall be treated in accordance with the Privacy Policy as may be applicable from time to time.
(d)The User shall be solely responsible for the use and activities conducted through such User Account. II. USAGE A. General Conditions of Service1. General Terms(a) User acknowledges that the Services provided herein are restricted to Indian territory only. 
(b) The User acknowledges and agrees that Text Local 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.
(c) The User agrees that unless otherwise indicated, any modification of the Services which alter the way in which 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.
(d) The User acknowledges and agrees that his/her access to and use of the Site, and any Services of, is at the User's own risk.(e) The User hereby agrees to defend, indemnify and hold harmless and agrees to continue to keep indemnified TextLocal, its affiliates, directors, officers, employees etc. without any demur or protest, against any/all losses, damages, actions, proceedings including but not limited to legal expenses with respect to violation of these ToS, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights) and also in respect to any action taken by any regulatory body or the Operator or any third party with respect to the misuse of the Services availed from the Company including but not limited to, for the breach of any of the provisions of the TRAI Regulations or breach of Law or for any other reason whatsoever. 
(f)The User acknowledges and agrees that these obligations will be binding on the User during the entire term of the use of any and/or all of the Services and shall survive any termination of the User's relationship with TextLocal or use of the Site.
(g) The User acknowledges that Text Local does not assume any implicit or explicit responsibility for the Content stored and/or published by the User through the Site. The User further accepts and agrees that all declarations and opinions expressed by the User are the sole declarations and opinions of such User and do not necessarily represent Text Locals’ opinions.
(h) The User acknowledges and agrees that all software utilized in connection with the Services (Software) is owned by (name of company)and is protected by the applicable Intellectual Property Laws of India and laws of any other jurisdiction in which such Software is used as may be in force from time to time. The User agrees that it shall not, directly or indirectly, copy, modify, create derivative works, and in any way try to discover the source codes of the Software, sell license or transfer to the third parties any right on the Software. Further the User shall not have any rights over the Software in any manner. 
(i) 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 contraventions by the employees of such Company of the provisions of the TOS .
(j) The User agrees that the User 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 in respect to any Service and should not interfere with or disrupt the Site or servers or any network connected to the Site.
(k) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs including any hardware or Software of Text Local;
(l) software, content, or other material that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
(m) sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; registered or unregistered securities; goods or services that the User cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any of the Services site would cause TextLocal to violate any law, statute or regulation; or any other illegal activity;
(n) The User accepts and acknowledges that TextLocal may change any of the Services at any time and from time to time without notice, including terminating the offering of any Service altogether. The User agrees that the User may at any time be barred from accessing any of the Services or from using the Site or from receiving any services or benefits from the Site, if TextLocal determines the User to have violated the ToS or any other Service Agreements, if any representation or warranty made by the User is untrue in any respect or if TextLocal receives a court order or other legal action relating to the User Account. 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 TextLocal.
(o) The User confirms and declares that the Services are being availed by the User for itself and the User is not an intermediary acting for and on behalf of a third party.
(p) TextLocal reserves the right to suspend the services anytime with or without notice in case of any order/direction by a Statutory Body (State or Central) or Judiciary.
(q) You agree to receive promotional, transactional and commercial communications from Textlocal through email or SMS.2. Content(a) The User shall be responsible for all Content uploaded, displayed, transmitted or otherwise used on this Site or published and/or distributed through this Site by such User and TextLocal shall have no responsibility or liability whatsoever in respect of such Content. TextLocal reserves the right, but is not obligated, to monitor or to review the Content of the User and to monitor User's compliance with the ToS. TextLocal reserves the right in its sole discretion to edit, refuse to post or remove any Content which, in the opinion of TextLocal violates the ToS or that TextLocal for any other reason may deem unfit or improper to be used on the Site, at any time without notice to the User.
(b) The User represents and warrants that all Content uploaded or distributed/transmitted through the Site by it is owned by such User, or that such User is otherwise well entitled to display, sell, market or otherwise use such Content. TextLocal shall not be liable or responsible in any manner whatsoever in respect of any dispute as to the ownership of such Content or in respect of any other dispute, claim, etc. of any nature whatsoever in respect of such Content. The User further agrees to indemnify and continue to hold indemnified TextLocal against any claims of any nature whatsoever in respect of the ownership and use of all such Content.
(c) All Content uploaded or otherwise used on this site must conform to the content rules, if any, provided by TextLocal from time to time.
(d) The User acknowledges that TextLocal does not sell the Content, but rather provides a Service to transfer the Content supplied by the User from the web to mobile and other devices. TextLocal does not operate any control, monitor, validation or verification over the Content of the User, and therefore cannot be held responsible for the type of Content which can be found on its platform or transmitted through the platform. However, TextLocal shall not be responsible or liable in any manner whatsoever for the authenticity, ownership, accuracy or for any other claim whatsoever in respect of such Content.
3. Payment Terms(a)	The User agrees that Text  Local reserves the right to charge the User for use of any Services at the rate and in the manner as may be decided by Text Local from time to time (Consideration). The User acknowledges and agrees that Text Local shall have no obligation to justify the amount of Consideration charged for any Service or be responsible or liable in any manner whatsoever to the User in respect of such Consideration.(b)	The User shall pay Consideration for all Services through use of Credit Card, net banking or offline mode by cheque or demand drafts against which Credits will be issued which shall be utilized for availing Services subject to the terms and conditions for the use of such Credits. The User shall pay Consideration in advance for the use of any Services.
(c)	Text Local shall not under any circumstances, be liable to refund or otherwise return any money paid by a User for use of the Services, whether by way of purchase of Credits or otherwise, except as specifically provided in these ToS.
(d)	The Commercials mentioned here are subject to change/modification from time to time depending on the change in commercials offered by Network Operator(s) and or Statutory Body. Such changes shall be communicated to the registered e-mail ID with TextLocal or the same shall be communicated on the home page of TextLocal website.
4. Credits(a)	"Credit" means one (1) standard short message (SMS) of 160 characters which shall be reflected in the User Account of the relevant User, and "Credits" shall be construed accordingly. Long messages are supported for Unicode messages as well, and they are in multiples of 63 (compared to 153 for GSM).
(b)	Any Credit once bought cannot be refunded, encashed or otherwise redeemed by the User except for the use of Services unless specifically stated otherwise in these TOS
(c)	Credits may not be transferred between Users or from one User Account to another User Account of the same User.
(d)	TextLocal reserves the right to refuse and/or cancel the sale of Credits to any User based on its sole discretion.
(e) TextLocal has the right to alter or vary any of the above provisions and change its policies in respect of Credits in the manner that TextLocal may, in its sole discretion deem fit, without prior notice to the User and TextLocal shall not be liable in any manner whatsoever to the User in the event of such alteration or variation of terms. The User is advised to review the terms of use of Credits periodically so as to remain informed of changes, if any, in TextLocal's policies in this regard.
5. Governing Law and Jurisdiction The User and TextLocal agree that these ToS shall be governed by the laws of India. The User and TextLocal agree that all disputes that may arise from or in connection with theToS shall be subject to the jurisdiction of the Courts of  India.
6. Miscellaneous:(a)	The User agrees that if any provision of these ToS shall be held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or applicable Law, such provision or part thereof shall to that extent be deemed not to form a part of these ToS, and the legality and enforceability of the remainder of these ToS shall not be affected. These ToS shall not be interpreted or construed to confer any rights or remedies on any third parties.(b)	The User agrees not to represent himself/ herself to be a representative, agent, or employee of TextLocal and that TextLocal will not be liable by reason of any representation, act or omission to act by such User. The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and TextLocal as a result of these ToS or use of the Site.


(c)	The User acknowledges and accepts that TextLocal's performance of this agreement is subject to existing laws and legal process, and nothing contained in these ToS are in derogation of TextLocal's right to comply with governmental, court and law enforcement requests or requirements relating to the use of the Site or information provided to or gathered by TextLocal with respect to such use.

(d)	TextLocal shall provide the services on best effort basis and it takes no responsibility for the delay caused in the Services as the delivery is subject to inter-operator dependencies.


(e)	Promotional Campaigns

In addition to the General Conditions of Service a User of any of the promotional campaign services (Promotional Campaign) agrees to be bound by the following terms and conditions:

(i)	The User shall provide Text Local with a list of recipients (each a Recipient and together the Recipients) of a Promotional Campaign and TextLocal shall, in accordance with the terms and conditions push the relevant Promotional Messages to the gateway of the Operator for forwarding to the Recipients.

(ii)	The User agrees that Text Local shall only ensure that the Promotional Messages are pushed to the gateway of the Operator through whom such Promotional Messages are transmitted to the Recipients and that TextLocal shall not be required to take any further action and shall not bear any further obligation in respect of such Promotional Messages

(iii)	 In the event that it is found that any of such Recipients has not consented to the Receipt of such Content/ Promotional Message or has objected to the receipt of such Content/Promotional Message for any reason whatsoever, all responsibility and liability in this regard shall rest solely on the User and TextLocal shall not be responsible or liable in any manner whatsoever in this regard. 

(iv)	The User agrees that TextLocal 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 reason as TextLocal may, in its sole discretion, deem fit.


(v)	The User agrees that the relevant Promotional Messages shall be pushed to the gateway of the Operator within the specific time period pre-agreed to between the User and TextLocal.

(vi) The User acknowledges and agrees that it shall be solely responsible for ensuring all compliances with the TRAI Regulations. The User acknowledges and agrees that it shall be solely liable, directly or indirectly, for all damage or loss caused or alleged to be caused to TextLocal, by or in connection with any misuse of the Services provided by the Company with respect to pushing any commercial communications to subscribers and for any and all other violations of the provisions of the TRAI Regulations.
(vii) The User hereby agrees to defend, indemnify and hold harmless and agrees to continue to keep indemnified TextLocal, its affiliates, directors, officers, employees etc. without any demur or protest, against any/all losses, damages, actions, proceedings including but not limited to legal expenses with respect to any action taken by any Statutory Body or the Operator with respect to the misuse of the Services availed from the Company including but not limited to, for the breach of any of the provisions of the TRAI Regulations during the entire period of the Promotional Campaign and for all periods after the expiry or termination of the relevant Promotional Campaign.

(viii) In case of  terminating any Promotional Campaign the User should agree to provide a request in writing to TextLocal for such termination of the relevant Promotional Campaign (PC Termination Request) and TextLocal shall subsequent to receipt of such PC Termination Request make all reasonable efforts to terminate the relevant Promotional Campaign at the earliest. The User further agrees that despite making such PC Termination Request, the User shall continue to be liable to make payments of all amounts due to TextLocal for Services provided between the time of receipt of PC Termination Request by TextLocal and the actual termination of the relevant Promotional Campaign. If, due to any reason whatsoever, TextLocal is unable to terminate any Promotional Campaign, the User agrees that it shall be liable to make all payments to TextLocal in respect of such Promotional Campaign as if no PC Termination Request had been made by the User. Nothing contained above shall cause or imply any liability of TextLocal to the User and the User agrees that it shall indemnify and continue to hold indemnified TextLocal in the manner prescribed in the ToS.
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