Terms & Conditions

Visitor Agreement:-

This User Agreement describes the terms and conditions applicable between Amitoos IT Services Pvt. Ltd. (OPC) and every person (here after called 'Register User' or User) who avails the 'Amitoos' service under the domain and sub-domains at http://www.amitoos.com. If you do not agree to be bound by these terms and conditions you may not use the amitoos website. Reasonable use of the amitoos website shall automatically bind the user to this agreement. www.amitoos.com is trade name of Amitoos IT Services Pvt. Ltd. (OPC).

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site.

The Site acts as a venue, which allows registered users to communicate information anything, which is legal, at any time, from anywhere, within India. Amitoos IT Services Pvt. Ltd. (OPC) has no obligation to observe and monitor the service. However, we reserves the right to review materials posted and to remove any material/s. Amitoos IT Services Pvt. Ltd. (OPC) reserves the right to block all messages from the list whose content is legally categorized as explicit, obscene, adult and pornographic in nature. Amitoos IT Services Pvt. Ltd. (OPC) also reserves the right to terminate your access to any or all of the services, at any time, without notice, for any reason whatsoever. It is difficult to monitor all the messages by reviewing or taping the messages provided by users, through our Site. As a result, we have no control over the truth or accuracy of the messages. We may not ensure you that all messages sent by registered users may reach the destination mobile. We are not responsible for undelivered messages.

In accordance to the Information Technology Act, 2000 (Government of India), Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000, Telecom Tariff Order 1999 (Forty Fifth Amendment 2007) and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the amitoos website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use the amitoos website.

During the registration process, the User has to provide his/her mobile number that acts as User’s identity while using amitoos products and/or services. By registering on amitoos website, user explicitly agrees to update amitoos whenever there is a change in the status of his/her mobile number.

Prohibited Content:-

You may not post any content prohibited on amitoos. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the amitoos.com.

• Promotes information that is false or promotes illegal acts.
• Obscene, explicit, pornographic or displaying nudity.
• Use of Obscene and offensive language.
• Make threats or bully anyone
• Derogatory, hateful, demeaning or offensive towards others.
• Including the photograph of another person when you do not have explicit permission to do so.

amitoos.com reserves the right to investigate and take appropriate legal action against anyone who, in amitoos.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Amitoos IT Services Pvt. Ltd. (OPC) and terminating the Membership of such violators. Prohibited Content includes one sighted above, but is not limited to content that, in the sole discretion of amitoos.com.

Identity verification:-

We use many techniques to verify the accuracy of the user’s information provided to us when they register on the Site. However, because user verification on the Internet is difficult, Amitoos IT Services Pvt. Ltd. (OPC) cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. So we are assuming that the information provided by the registered users is accurate and valid. Later by any other means, if we found the registered user’s information is not valid or inaccurate, we had every right to take legal action against that registered user.

All postings (messages, text, files, other Content) transmitted through the Site, are the sole responsibility of the registered users from whom such Content originated. Registered users are entirely responsible for all Content that they send, or otherwise make available through the Site. For all Content provided by registered users, they automatically agree to indemnify Provider as provided below.

By sending or otherwise posting any Content on the Site, you represent and warrant:

• Your own content like jokes, puzzles, sayings, etc have all necessary rights, but not limited to copyrights to the content you provide and we have every right to use it as provided in this Terms of Service;
• All information you provide is true, accurate, current and complete, and does not violate these Terms of Service;
• The content will not cause injury to any person or entity.

You agree not to send, transmit, distribute messages in these or any other forms through our amitoos site such as:

• . Libellous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
• An infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
• Illegal in any way or which advocate illegal activity;
• Any advertisement regarding various marketing and sales activities of goods, or services.

amitoos Products And/Or Services:-

Amitoos IT Services Pvt. Ltd. (OPC) reserves the right to change any of the terms, conditions, and notices under which the services are offered. You are responsible for regularly reviewing these terms and conditions including changes/modifications if any incorporated by us from time to time. Your continued use of 'The Service' constitutes your agreement to all such terms, conditions, and notices. Amitoos IT Services Pvt. Ltd. (OPC) makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Amitoos IT Services Pvt. Ltd. (OPC) reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time with on 15 days ' notice or without notice in some cases. Service termination occurs are addressed in the sections below.

Messages shall be deemed to have been delivered when amitoos has delivered/sent the messages to the immediate destination that amitoos's software is programmed to do, including SMTP servers, Mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. Amitoos IT Services Pvt. Ltd. (OPC) does not guarantee delivery on behalf of Mobile telephone networks of mail servers.

Mobile No. Compulsory:-

The account you are opening by accepting this Agreement is tied to the mobile phone number you enter during the registration process. You explicitly agree to update amitoos whenever there is a change in the status of your mobile number. On the first login, the User is prompted to change his password. The Users shall be entirely responsible for maintaining the confidentiality regarding their password and account information. The user shall understand their account with amitoos website is as confidential as their own mobile phone. In addition, the Users shall be entirely responsible for any and all activities that occur under their accounts. amitoos shall not be held liable to any third party claims and/or actions taken with respect to the Products and/or Services being offered. The Users agree to notify amitoos immediately regarding any unauthorized use of their accounts or of any other breach of security. amitoos finds no activity in any User's account for more than 60 days, amitoos, in its sole discretion, might terminate/suspend such User’s account, without any prior notification.

User ID:-

You must choose a User ID and password on completion of registration. You are responsible for all actions taken under your account and shall only use or utilize the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall also not permit, either directly or indirectly, any other person to utilize your User ID or password. We are not responsible, if any other person misuses the service by logging into your account. Amitoos IT Services Pvt. Ltd. (OPC) will not be held liable to any third party claims and/or actions taken with respect to services offered.

User Privacy:-

amitoos respects the privacy of its Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User's amitoos account, which includes all of its contents, without the User's prior permission. However, this will not apply if amitoos has to:

• Conform to the statutory and/or legal requirements or comply with the legal process;
• Protect and defend the rights or property of amitoos;
• Enforce this Agreement or protect amitoos business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by amitoos;
• Respond to the request for identification in connection with the claim of copyright or trademark infringement by the Users or to a claim by a third party that the User is using the Products and/or Services in connection with an infringement, illegal or improper activity; or
• Act to protect the interests of the Users or any others in general

User Obligations And Duties:-

amitoos expressly prohibits any commercial use of amitoos products and/or services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through amitoos products and/or services.The Users acknowledge that amitoos and its licensors retain ownership of all the propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein:

• Create a false identity or forged email or mobile phone number or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
• Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Products and/or Services;
• Modify, translate, or create distinctive and derivative works based on the Products and/or Services;
• Use the Services in any way connected to any chain letters, junk SMS text messages, spam or any unsolicited messages (commercial or otherwise);
• Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent;
• Transmit any unlawful, harassing, libellous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature;
• Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;
• Defames or slanders any person, or try to infringe upon any person's privacy rights;
• Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
• Interfere with or disrupt the networks connected to amitoos or violate the regulations, policies or procedures of such networks;
• Attempt to gain unauthorized access to the Products and/or Services or to other accounts (through password mining or other means), computer systems or networks connected to amitoos;
• Interfere with another User's peaceful use and enjoyment of the Products and/or Services; or
• Engage in any other activity that amitoos could believe may subject it to criminal liability or civil penalty or judgment

You agree to not use the Products and/or Services to:

• Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
• Harm minors in any way
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

Termination, Cancellation And/Or Suspension Of User Account:-

amitoos continually makes efforts to improve its existing Products and/or Services, apart from adding new ones, resulting in frequent updates or modifications. Such changes often dictate that we simultaneously modify our Terms and Conditions. Hence, amitoos shall have the right to modify any or all the terms of this Agreement and to change or drop any aspect or feature of the amitoos Products and/or Services, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change or deletion. Any use by the Users of the Products and/or Services after any such change has been posted, shall be construed as the acceptance of the change. If the User is not agreeable to any such change, the relevant Product and/or Services or the User account, may be cancelled in accordance with the procedures for cancellation set forth in this Agreement. The Users acknowledge their responsibility to read and review this Agreement from time to time and also to be aware of any such changes.

• The User has the right and is free to terminate or cancel this Agreement and his/her amitoos account at any time and for any reason. The User only has to intimate amitoos by sending an email (info@amitoositservices.com) of this intention.
• amitoos can terminate, cancel and/or suspend this Agreement and/or the User account any time if, in amitoos’s sole discretion, the User has breached the Terms of this Agreement. Such termination, cancellation and/or suspension by amitoos shall come into effect immediately after giving notice by amitoos to the Users in any reasonable manner, including but not limited to, notification by email and/or SMS. In addition, amitoos has the right to recover any and all damages from the Users arising from or relating to the event(s) giving rise to the suspension, termination or cancellation.
• amitoos reserves the right to suspend the User's account at any stage for any reason that it may deem necessary in order to continue to provide any of its Products and or Services in a way that may be hindered by the User's status as being a amitoos User, or the content of the messages originating from the User.
• In the event that amitoos has cause to receive complaints from recipients or third parties with respect to the use of the Products and/or Services, amitoos additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other related party with regard to its Users.
• Upon the termination, cancellation and/or suspension of this Agreement, the Users remains responsible for any obligations that have been accrued including, but not limited to, payment of any costs or charges, including legal obligation that may be arising in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using amitoos Products and/or Services and removes all the amitoos software and applications on any computer, database, and server (local or remote) in its possession or under its control. amitoos shall have no obligation whatsoever to the User after the termination or cancellation of this Agreement.

No Warranties Or Liabilities:-

amitoos does not make any warranties or representations that the amitoos website shall be available at all times. Users acknowledge that the amitoos website may be unavailable due to updates or other causes beyond the reasonable control of amitoos, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".

• amitoos shall take all reasonable steps to secure the content of the amitoos website and to secure the information provided by and collected from Users to prevent unauthorized access and/or disclosure. However, amitoos does not make any warranty or representation that the said content shall be 100% safe or secure.
• amitoos is under no legal duty to encrypt any of the content or communications from and to Users and is also under no legal duty to provide the digital authentication of any pages on the amitoos website.
• amitoos may provide hyperlinks to websites not controlled by amitoos and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such websites. amitoos does not editorially control the content, products and/or services on such websites and shall not be liable, in any manner whatsoever, for the access to, or the inability to access, or the use, inability to use or content available on or through such websites.
• amitoos (which also includes its owners, employees, suppliers, internet services providers, partners, licensors, affiliates and agents) shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of amitoos Products and/or Services, the amitoos website, websites linked to the amitoos website, any content available on the amitoos website, any downloads from the amitoos website, and/or any other reason which is not directly related to amitoos 's gross negligence.
• Though amitoos shall take all reasonable caution about the quality and accuracy of content available from the amitoos website, amitoos does not make any warranties or representation that the content available shall in all cases be true, correct or free from any errors. The information, ideas and opinions expressed on the amitoos website should not be regarded as professional advice or the official opinion of amitoos, and Users are strongly encouraged to consult professionals before taking on any course of action that is related to the information, ideas or opinions expressed on the amitoos website.
• amitoos (which also includes its owners, employees, suppliers, services providers, partners, licensors, affiliates and agents) shall in no event be held liable to the Users or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by the failures, delays or interruptions of the Products and/or Services generally, and any aspect ancillary thereto; the User agrees to indemnify amitoos for any and all third party claims arising from any such or of the failures, delays or interruptions in connection with regard to use of the Products and/or Services.
• Hyperlinks to the amitoos website from any other source shall be directed to the home page of the amitoos website. Links beyond the amitoos home page may only be used with amitoos 's prior written consent and permission. Persons that wish to link to pages beyond the home page of the amitoos website without amitoos 's prior written consent shall do so at their own risk and indemnify amitoos against any loss, liability or damage that may result from the use of such hyperlinks.
• Without in any way limiting the foregoing, amitoos shall in no event have (in the aggregate) any monetary liability whatsoever in connection with this Agreement.

Links To Third Party Sites:-

The links in this site will allow you to leave amitoos.com. The linked sites are not under the control of amitoos.com. amitoos.com has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by amitoos.com of the site. Third party links to amitoos.com shall be governed by a separate agreement.

Jurisdiction:-

The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Lucknow, India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. These terms and conditions are governed by the laws of India and Lucknow. In case of any dispute, the courts of Lucknow shall have jurisdiction.