TERMS & CONDITIONS (“TERMS OF USE AGREEMENT”) GOVERNING USAGE OF Vi Business Personal Cloud 

 

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

 

FOR THE PURPOSES OF THESE TERMS AND CONDITIONS, WHEREVER THE CONTEXT SO REQUIRES “YOU” OR “YOUR” SHALL MEAN ANY NATURAL PERSON WHO IS A VALID AND ACTIVE VODAFONE IDEA SUBSCRIBER USING TELECOM SERVICES THROUGH A COMPANY OWNED COMPANY PAID (COCP) ENTERPRISE ACCOUNT.

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING Vi BUSINESS PERSONAL CLOUD INCLUDING ALL ITS FEATURES (COLLECTIVELY “PRODUCT”) POWERED BY FUNAMBOL INC. LOCATED AT 1065 E. HILLSDALE BLVD. #250, FOSTER CITY, CA 94404 USA, ("FUNAMBOL"), AND BROUGHT TO YOU BY VODAFONE IDEA LIMITED (“VIL”) IN ASSOCIATION WITH TELEAPPS INDIA PRIVATE LIMITED LOCATED AT 6TH FLOOR, KANNAMMAI BUILDING, 611, ANNA SALAI CHENNAI – 600 006 (“TELE APPS”) AND/OR ITS PARTNERS. BY CLICKING “CONTINUE”, “SUBMIT” OR SIMILAR BUTTONS, OR BY CONTINUING TO USE THE PRODUCT, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE APPLICATION OR THE PRODUCT.

 

THIS TERMS OF USE AGREEMENT IS PREPARED AND ENTERED INTO IN THE ENGLISH LANGUAGE ONLY, WHOSE LANGUAGE SHALL BE CONTROLLING IN ALL RESPECTS. ANY TRANSLATION OF THIS TERMS OF USE AGREEMENT INTO ANY OTHER LANGUAGE ARE FOR REFERENCE ONLY AND SHALL HAVE NO LEGAL OR OTHER EFFECT. ANY CAPITALIZED TERMS NOT DEFINED IN THIS TERMS OF USE AGREEMENT SHALL HAVE THE MEANINGS GIVEN IN VODAFONE IDEA PRIVACY POLICY OR FUNAMBOL PRIVACY STATEMENT.

 

By accessing the Site, using the Product, or registering for the Product using Vi App, you agree to the terms of this Terms of Use Agreement and you agree that you must follow any policies made available to you within the Product. The Terms of Use Agreement below and any other rules or policies set forth on the Site (all of which are incorporated into this Terms of Use Agreement, including, without limitation to, the Privacy Policy) comprise the entire agreement between you and VIL and supersede all prior agreements between us. VIL may update this Terms of Use Agreement from time to time without notice to you. VIL recommends that you review the Terms of Use Agreement on a regular basis. You may not use the Product and may not accept the Terms of Use Agreement if you are not of legal age to form a binding contract with VIL; individuals under the age of 18 are not permitted to use the Product without the supervision of a parent or legal guardian. You agree that you are solely responsible for (and that VIL has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use Agreement and for the consequences of any such breach. If you do not agree to the modified terms for the Product, you should discontinue your use of that Product.

 

 ✓ Product Details:

1. Vi Business Personal Cloud is an application software providing personal cloud storage space and is available free of cost exclusively for Eligible Subscribers of VIL only. An Eligible Subscriber of VIL is a natural individual who is an end user of VIL COCP connection using the specific tariff plans more particularly described in Annexure A.

2. VIL will provide you with access to the Product which enables synchronization and/or storage and/or access of Personal and Rich Media data from devices (smartphones, tablets, computers, TVs), various sites and applications. Use of the Product is limited to your personal purposes and not for distribution to, or use on behalf of, others. Personal data are your personal information manager files (which include your electronic "rolodex", SMS/MMS, call logs, list of apps). Rich Media data are your picture(s), video(s), file(s) and legally acquired music. Once you sign up for the use of the Product, your account will be allocated a certain level of cloud storage capacity determined by VIL. You explicitly agree that VIL, at its sole discretion, can change and adjust the cloud storage capacity and the limit at any time without notice to you. 

3. Storage rights available under different circumstances:

a.  Plan Upgrade – In case there is a plan upgrade by end user, the existing cloud storage space will be extended i.e. the end user will get extra cloud storage space (depending on the specific plan subscribed by the end user) than what he / she was already granted under the existing plan.

b.  Plan Downgrade – In case an end user is on Plan A which is eligible for say 30GB cloud storage space and is downgrading to Plan B which is eligible for say 20GB cloud storage space, post the grace period (which is 30 days from the date of plan downgrade) entire stored data will be purged. The said end user will have to activate the new 20GB data cloud storage space as available under the new plan B. Post completion of the grace period the data will be deleted. You will receive app communications and / or SMS notifications from VIL or its partners in the matter of upgrade or removal of data from the cloud  storage space, as the case may be.

c. Cloud storage deactivation / movement of end user to an ineligible plan – In case an end user moves from an eligible plan to an  ineligible plan, such an end user will be communicated through app communications and / or SMS notifications from VIL or its  partners with a request to remove the data from the cloud storage space within the grace period (which is 30 days from the date of deactivation or movement to an ineligible plan). Please note that after completion of the grace period the end user’s data will be deleted from the cloud storage space. 

d. Moving out of VIL network - In case an end user moves out of VIL network, such an end user will be communicated via e-mail  from VIL’s partners with a request to remove their stored data from the cloud storage space within the grace period. (which is 30 days from the date of termination) Please note that after completion of the grace period the end user’s data will be deleted from the cloud storage space.

4. Unless explicitly stated otherwise, any new online services provided by VIL / its partners or features that augment or enhance the current Product, shall be subject to the Terms of Use Agreement.

5. You are responsible for obtaining access to the Product, and you are responsible to pay any third-party fees (such as Internet service provider, site or application fees, airtime charges or mobile operator/carrier data plan fees) associated with such access and use. Further, you are responsible for complying with the Terms of Use/Terms and Conditions and Privacy Policies of all other third-party sites and applications which may be incorporated into the Product and from which you share your Content through the Product. In addition, you must provide and are responsible for all equipment necessary to access the Product.

6. Please note that according to applicable economic, trade and financial sanctions laws, regulations, embargoes or restrictive measures administered (“Sanctions”), as well as all trade control laws and regulations enacted or enforced by the governments of the United Kingdom, European Union, United States of America (including the United State Department of State regulations) and any other relevant country, resident or citizens of countries that are subject to Sanctions or embargo are not eligible to use the Product.

7. VIL reserves the right to delete without notification any account/s that are discovered in violation of this stipulation.

 

✓ Registration:

8. When you register for the Product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (your "Account Data") and (b) maintain the accuracy and completeness of the Account Data.

9. After you have signed up using your valid VIL MSISDN (i.e. VIL mobile number under eligible COCP plan) you need to update your valid and active email ID in the Vi app. Please note that the uploading/syncing of data will not start till you have updated your valid and active email ID.

 

✓ Privacy:

10. You hereby agree to share  your Account Data (which includes your personal information), including mobile number, email address & information related to the requirement of this Product, and acceptance of this Terms of Use  Agreement    so as to enable you to avail all the features of the Product. Your Account Data and other personal information shared with VIL’s partners will be stored and processed as mentioned herein and in accordance with  Funambol Privacy Statement which is available at http://www.funambol.com/privacy.html.

 

✓ Account, Password And Security

11. You will choose a password upon completing the registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify VIL of any unauthorized use of your account or any other breach of security,   and (b) ensure that you fully exit from your account at the end of each session. VIL will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorized use of your account (unless such use is directly caused by VIL's gross negligence).

12.The Product is a third-party service, owned by Funambol Inc. VIL is only distributing the Product among interested eligible and active individual subscribers of VIL and will not be responsible or liable with regard to any loss or misuse of Account Data or any other information (including personal information) that You voluntarily share with Funambol or other third parties while using this Product.

 

✓ Member Conduct

All information, data (including Account Data and Contacts Data, as those terms are defined in the Vodafone Idea Privacy Policy Or Funambol Privacy Statement), text, software, music, sound, photographs, graphics, video, messages or other materials ("Content")  that you upload, post, email, store, transmit or otherwise make available (collectively, "transmit") to or through the Product is solely your responsibility. You agree to not use the Product to

 transmit any Content that is 

a. Information which belongs to another person and to which the user does not have any right; 

b. is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of  gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence; 

c. is harmful to child; 

d. infringes any patent, trademark, copyright or other proprietary rights; 

e. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification  published in the Official Gazette, specify; 

f. impersonates another person; 

g. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence, or prevents investigation of any offence, or is insulting other nation; 

h. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; 

i.  is in the nature of an online game that is not verified as a permissible online game; 

j.  is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; 

k. violates any law for the time being in force.

l. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Product;

m. transmit any Content (such as inside information, intellectual property, or confidential information) that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

n. transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

o. transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

p. interfere with or disrupt the Product or servers or networks connected to the Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Product.

13. You acknowledge and agree that VIL and / or Funambol may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Funambol, its users or the public.

14. You understand and agree on the following uploading policy:

 (a) any content (for example, but not limited to document, music file, video, photo) larger than 2GB (two Gigabyte) will not be stored on the server;

 (b) you are entitled of an upload capacity of 20GB per calendar month; the service may prevent upload of more content when such a limit is reached;

 (c) VIL reserves the right to block or prevent, in full or part, access to the service if abuse or misuse is detected.

15. You understand that the Product may involve (a) transmissions of your Content over various networks; and (b) changes to your Content to conform and adapt to technical requirements of connecting networks or devices. You further understand that the cancellation policy, as described below, will not apply in the circumstances described in this section. Therefore you will not be able to recover any fees and/or data from VIL.

 

✓ Compliance With Law

16. You may use the Product only as permitted by law. You further agree to comply with (a) all applicable laws regarding online conduct and acceptable Content, and (b) all applicable export and re-export control laws and regulations, including, without limitation to, the United States export laws and regulations. You acknowledge that VIL and / or Funambol can remove infringing Content and can close the account without notice of repeat infringers in order to comply with the applicable laws including Copyright Act.

 

✓ Indemnity

17. You agree to indemnify and hold VIL, Funambol, Tele Apps and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any Content you transmit through the Product, your use of the Product, your connection to the Product, your violation of the Terms of Use Agreement, or your violation of any law or the rights of another third party.

 

✓ No Resale of Product

18. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Product, use of the Product, or access to the Product.

 

✓ General Practices Regarding Use And Storage

19. You acknowledge that VIL and / or Funambol may establish general practices and limits concerning use of the Product, including without limitation the maximum number of days that your Content will be retained by the Product, the maximum amount of data synchronization that may executed by an account on the Product over a given time, the maximum amount of data that may be stored by an account on the Product, and the maximum number of times (and the maximum duration for which) you may access the Product in a given period of time. You acknowledge that other sites and applications from which you share your Content may also establish limits in the foregoing ways and Funambol has no control over those sites’ or applications’ limitations. You acknowledge that VIL and / or Funambol reserves the right to log off accounts that are inactive for a specified period of time.

20. Specifically, free of charge accounts that are inactive for six months will be deleted without notice and account deletion policy will not be granted.

21. You further acknowledge that VIL and / or Funambol reserves the right to limit the number of sign-ups at any time without notice to you.

 

✓ Technical Support

22. You understand that VIL and / or Funambol does not provide any technical support as part of the Product. However, you may refer to corporatecare.india@vodafoneidea.com or you can also call at +91-9920055666 for inquires.

 

✓ Modifications To Product

23. VIL and / or Funambol reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that VIL and / or Funambol shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product.

24. You further agree that VIL and / or Funambol shall not be liable to you or to any third party for any temporary or permanent loss of data.

 

✓ Termination

25. You agree that VIL and / or Funambol, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Product, and remove and discard any Content within the Product, for any reason or no reason. VIL and / or Funambol may also in its sole discretion and at any time discontinue providing the Product, or any part thereof, with 90 day’s prior notice, and You will be required to download or remove the data within the said period of 90 days, after which the said data will be deleted by Funambol  .

26. You agree that any termination of your access to the Product under any provision of this Terms of Use Agreement may be effected without prior notice, and acknowledge and agree that VIL and / or Funambol may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Product. Further, you agree that VIL and / or Funambol shall not be liable to you or any third party for any termination of your access to the Product.

 

✓ Advertisers and Third Party Links

27. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Product, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VIL and / or Funambol shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product.

28. Because VIL and / or Funambol has no control over third-party sites and resources to which VIL and / or Funambol may provide links (including advertiser sites), you acknowledge and agree that VIL and / or Funambol is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that VIL and / or Funambol shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

✓ Proprietary Rights

29. Using our Product does not give you ownership of any intellectual property rights in our Product or the content you access. You may not use content from our Product unless you obtain permission from its owner or are otherwise permitted by law. These Terms of Use Agreement does not grant you the right to use any branding or logos used in our Product. You are not allowed to remove, obscure, or alter any legal notices displayed in or along with our Product.

30. You and your licensors will retain ownership of all right, title, and interest in and to the Content you transmit to or through the Product. Subject to the terms and conditions of this Terms of Use Agreement, you hereby grant to VIL and / or Funambol a worldwide, perpetual, and irrevocable license to reproduce, distribute, create derivative works of, display, and perform any and all Content you transmit to or through the Product as contemplated under this Agreement and for the purpose of VIL and / or Funambol fulfilling its obligations, exercising its rights under this Terms of Use Agreement and providing the functionality of the Product accordingly to the our Privacy Policies.

31. You acknowledge and agree that the Product and any necessary software used in connection with the Product or the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Product or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by VIL and / or Funambol or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Product or the Software, in whole or in part.

32. VIL and / or Funambol grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software incidental to your use of the Product; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Furthermore, you agree that you may not make the Software available to any third party as part of any rental, time-sharing, service bureau, or ASP arrangement and that the use of the Software is limited to your personal access. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Product. You agree not to access the Product by any means other than through the interface that is provided by VIL and / or Funambol for use in accessing the Product. Unless you have agreed otherwise in writing with VIL and / or Funambol, nothing in the Terms of Use Agreement gives you a right to use any VIL and / or Funambol’ s and / or Tele App’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

 

✓Sharing Your Content and Information

33. You own all of the content and information you post on the VIL white labelled Funambol Site and you can control how it's shared through your settings. In addition:

 When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others) with up to 40 days after the deletion of the account.

34. When you share Content and/or other information with other sites or applications other than the Funambol Site, you acknowledge that Funambol and the other sites and applications are independent from one another. You further acknowledge and agree that once you decide to share Content and/or other information with or from other sites or applications, you must also comply with the terms and conditions and privacy policies of those other sites and applications.

 

✓ Warranties

35. The Product has been made available to you using reasonable skill and care. If you have any complaint with the quality level described in this warranty, you agree to approach VIL and we’ll work together and try to resolve the issue.

 

✓ Disclaimer of Warranties

36. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE AND THE PRODUCT IS AT YOUR SOLE RISK.THE SITE AND THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIL AND / OR FUNAMBOL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIET ENJOYMENT.

(b) VIL AND / OR FUNAMBOL MAKES NO WARRANTY (AND ASSUMES NO OBLIGATION) THAT (i) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE ACCURATE OR RELIABLE, (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (iv) ANY SOFTWARE DOWNLOADED TO A MOBILE DEVICE, OR ANY INFORMATION READ FROM OR WRITTEN TO A MOBILE DEVICE, WILL NOT ADVERSELY AFFECT THE PERFORMANCE, OPERATION, WARRANTY OR ANY OTHER ASPECT OF THE DEVICE.

(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIL AND / OR FUNAMBOL OR THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE AGREEMENT.

 

✓ Limitation of Liability

37. WHEN PERMITTED BY LAW, IN NO EVENT SHALL VIL AND / OR FUNAMBOL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIL AND / OR FUNAMBOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) THE USE OR THE INABILITY TO USE THE PRODUCT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) LOSS OR DELETION OF ANY OF YOUR DATA OR CONTENT (iv) STATEMENTS, CONDUCT, OR CONTENT OF ANY THIRD PARTY ON THE PRODUCT  OR THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCT.

38. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VIL AND / OR FUNAMBOL FOR ANY CLAIM UNDER THESE TERMS OF USE AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID US TO USE THE PRODUCT.

39. IN ALL CASES, VIL AND / OR FUNAMBOL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

 

✓ Copyrights

40. VIL and / or Funambol respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, provide the following information to VIL and / or Funambol:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the site;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

41. Intellectual property infringement claim can be sent to corporatecare.india@vodafoneidea.com.

42. You further acknowledge and agree not to use in connection with the Product any copyrighted material without the written consent of the owner of such material. The unauthorized upload of copyrighted or other proprietary Content is illegal and could subject you to personal liability for damages in a civil suit as well as criminal prosecution. You assume all liability for any damage resulting from any infringement of copyright or proprietary rights and agree to keep VIL and / or Funambol harmless in such circumstances.

 

✓ General

✓ The Terms of Use Agreement and the relationship between you and VIL and / or Funambol shall be governed by the laws of India (without giving effect to any principles that may provide for the application of the law of another jurisdiction). You agree to submit to the exclusive jurisdiction of the courts located within the county of Mumbai, India. The failure of VIL and / or Funambol to exercise or enforce any right or provision of the Terms of Use Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Use Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use Agreement are for convenience only and have no legal or contractual effect. Any notices intended to have legal effect: (a) to you may be made via email, regular mail or through the Services, and (b) to VIL and / or Funambol must be made by delivery receipt-requested mail at VIL headquarters, ATTN: Legal Department.

 

Annexure

Specific Tariff Plans offering Vi Business Personal Cloud Services:

✓ BUSINESS PLUS 399

✓ BUSINESS PLUS 449

✓ BUSINESS PLUS 549

✓ BUSINESS PLUS 899