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Terms and Conditions

IMPORTANT
The information provided on this Site (as defined in Section 2 below) includes, but is not limited to, the services provided ("Services") by Girnar NewTel solutions Pvt. Ltd, and does not render any advice, certifications, guarantees or warranties on the Content (as defined below) relating to the Services, which Newtel makes available on this Site.
TERMS OF USE
The use of this Site and the Content (as defined herein) contained herein are governed by these Terms and Conditions and the Privacy Policies put up on the Site (collectively, the "Agreement"). When you ("You"/ "Your"/ "User") uses this Site, You acknowledge that You have read the Agreement and that You accept and will be bound by the terms hereof as such terms may be modified from time to time.
1.
PURPOSE & SCOPE

1.1
As stated above, the Contents provided on or through the Website are solely for enabling You to use and enjoy the benefit of the Services provided by Newtel , in the manner permitted herein. By accessing, browsing and using this Site, You agree and acknowledge that You understand this limited and restricted use and agree that You would not rely on the information and materials contained in this Site for any purposes except as Newtel intends or has specified under this Agreement. You further agree that in all actual matters, You are ultimately responsible for breach of Your obligations and consequences thereof. Newtel disclaims all liability for damages caused by use of Content on the Site.
1.2
You acknowledge that You shall be required to provide Newtel with some of Your personal details, like, name, mobile phone number, mobile phone bill details along with the uploaded mobile phone e-bill, e-mail, and other personal information ("User Content"). You agree that Newtel shall have the right to use User Content for automated analysis, or to increase the value and benefit of Service to You, may provide User Content to a third party service provider, or for other internal purposes. You also agree that Newtel will use such information provided by You for the purpose of verification, creation of Your Site account ("BillGuru Account"), and shall provide You with a password, which is used to protect Your BillGuru Account from unauthorized access. For clarity, any personal information provided by You on Newtel 's bank's payment gateway URL link, before and at the time of making payment to Newtel , shall not be considered as User Content and shall be governed by the terms and conditions of Newtel 's bank's payment gateway. You shall have no right to make any claims, raise disputes or approach Newtel for or against any content or personal information related to You, whether the same is a part of the User Content or not.1.3In order to subscribe for the Services, You shall be required to register with Newtel 's Site and choose from the options that relate to the query that You may have ("Query"). As a solution to Your Query, Newtel shall provide an analysis of Your mobile phone bill or provide a recommendation around the best tariff plan from the tariff plans specifically supported by Newtel and published by the service providers in their respective websites, for the User or an estimate of how much money the User could have saved over the period of the applicable bill, as the case may be. The recommendations are based on certain assumptions and the estimated amount is approximate. The estimated bill amount shall be inclusive of taxes. Newtel does not guarantee the savings or accuracy of the information in any manner. Further, Newtel makes no claims that the analysis or recommendations or any part or whole of the Services is accurate or applicability of the information to any specific situation.
1.3
The registration process of the Site requires You to fill up the details required during the registration process on the Site along with making the necessary payments to Newtel through URL to the payment gateway site provided on the Site in order to subscribe for the Services. Upon registering with the Site, You will be deemed to have accepted the Agreement and upon which a password will be sent to You on Your mobile device number provided by You.

You shall use the password to log on to Your BillGuru Account to use the Services made available to You by Newtel through the Site. Newtel , however, in any case, shall not be responsible, neither to You nor to any third party for any Content or User Content on the Site or any Services availed by the You/ other users and specifically disclaims any and all liabilities that may arise by Your/ other users view, access or use of the Site/ Services, as the case may be.

Option to UNSUBSCRIBE- Please note that the Services cannot be cancelled. You may choose not to renew the subscription once the subscription lapses.

1.4
Your BillGuru Account is for Your reference only. You shall be solely and completely responsible for the appropriate use of Your account, including any misuse of the same in violation of the Agreement. Newtel reserves the right to discontinue the login on Your BillGuru Account for violation of this Agreement or any agreement between You and Newtel or any code of conduct set out by Newtel . Newtel reserves the right to take all measures necessary to prevent access to any Content or portion of the Site or terminate access to the site if the Agreement is not complied with or its provisions are contravened or there is any violation of copyright, trademark or other proprietary right.
1.5
The Site may provide certain Features that enable sending/ receiving invites/ solicitation messages/ reminders to Your friends/ contacts whose details, as required under the specific Features, are submitted and specifically permitted by You, to be so used. Once such a Feature is selected and consented by You, You specifically agree that the Feature shall enable sending messages and reminders, on Your behalf, as the case may be, from Your mobile device number.
1.6
Notwithstanding anything contained hereunder and subject to this Agreement, You agree that Newtel shall have the right to use Subcontractors (as defined above) in performance of its obligations and Services hereunder and, for purposes of this Agreement, all references to Newtel or its employees shall be deemed to include such Subcontractors. Newtel agrees to be responsible for the obligations and Services hereunder and will ensure that its Subcontractors abide by the applicable terms of the Agreement.
2.
DEFINITIONS

2.1
"Contents" or "Content" shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed or downloaded on or through this Site. Contents shall also include any e-mail, messages, e-cards or any other information furnished by a user to be displayed on the Site by Newtel .
2.2
"Feature" or "Features": A "Feature" may include any interactive, value addition service or other additional feature, introduced on the Site.
2.3
"Site" shall mean the internet site identified generally by the URL www.YourBillBuddy.com and all pages linked to that URL which pages are posted and operated by Newtel or its agents.
3.
FEES AND PAYMENTS

Newtel reserves the right to charge fees (as mentioned in the list on the Site) for every Service mentioned therein and rendered to You, as well as transaction fees, if any, and/ or the applicable taxes in relevant jurisdictions. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services. Newtel further reserves the right to alter any and all fees from time to time, without notice.

In case, there is a short charging by Newtel for listings, Services or transaction fee or any other fee or Service because of any technical or other reason, Newtel reserves the right to deduct/ charge/ claim the balance subsequent to the transaction, at Newtel 's own discretion.

Refunds and Cancellation Policy: You agree that the Services cannot be cancelled at any time nor can a refund of any monies paid by You to Newtel is possible considering the nature of Services.

4.
REPRESENTATIONS AND WARRANTIES

4.1
You confirm and warrant to Newtel that You have all the rights, power and authority necessary to provide User Content.
4.2
You must provide true, correct, complete and accurate information and User Content. Further, You assure that any information with respect to Your friends/ contacts is true and correct and belongs to such of Your friends/ contacts you know and not to strangers.
4.3
You may upload User Content on the Site to the extent permitted by the Site, so long as the same is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or in any ways against any local customs, laws or other accepted norms of conduct in the area/country where You reside.
4.4
You shall not use a false mobile number, e-mail address or use someone else's account to login, impersonate any person or entity, or otherwise mislead as to the origin of the User Content or other information. However, You acknowledge that Newtel does not pre-screen the User Content or other information uploaded, but that Newtel and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any User Content or other information that are transacted using the Site. Newtel reserves the right to terminate any BillGuru Account and prohibit the User from using the Services or the Site, in addition to taking any appropriate actions permitted under law.
4.5
You must notify Newtel if there has been a breach of security or unauthorized access of Your BillGuru Account. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or user content of other users or enforce limitations on use of the Site or the Content therein.
4.6
You understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of You from whom such User Content originated. This means that You, and not Newtel , are entirely responsible for all User Content that You have provided Newtel in order to upload, post, transmit or otherwise make available through the Site and Newtel shall have no responsibility/ liability in any case, whatsoever.
4.7
You expressly agree not to use the Site to: (i) harm any user/ third party in any manner either directly or indirectly; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site; (iii) disrupt the normal flow of the Site, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or "stalk" or in any other manner harass another user; (iv) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (v) upload or transmit any material that is deemed derogatory with respect to the name, Services or Contents relating to or provided by Newtel ; (vi) intentionally or unintentionally violate any applicable local, state, national or international laws.
4.8
You expressly agree that this Section 3 (in the manner, as shall be applicable) shall survive any termination of this Agreement.
4.9
You agree and acknowledge that Newtel does not own or is in no manner related to Newtel 's bank except for using the Newtel 's bank's services for the purpose of facilitating and enabling Newtel 's users to make payments for the Services. Therefore, You understand that Newtel shall, in no case be held responsible, for any act or omission or loss of data or content or other privacy or confidentiality issues or an error, interruption or downtime or any failure of payment or a time-out on Newtel 's bank's payment gateway site or attributable to Newtel 's bank or its payment gateway.
4.10
You, further, understand that there may be certain terms and conditions or limits/ restrictions on the transactions made through Newtel 's bank's payment gateway and You hereby, agree to abide by such rules, regulations, terms, limits and restrictions while making such transactions.
4.11
Newtel or any of its Subcontractors shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the Content on this Site.
4.12
Newtel , its Subcontractors, its affiliates, employees or associates shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in the Site.
4.13
Newtel , its Subcontractors, its affiliates, employees and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
4.14
TRILOGY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONTENTS OF THIS SITE AND TRILOGY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. THE CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
4.15
TRILOGY FURTHER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS OR POINTERS AVAILABLE THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, TRILOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
4.16
TRILOGY FURTHER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS OR POINTERS AVAILABLE THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, TRILOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
4.17
TRILOGY MAKES NO WARRANTY THAT (i) THE INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
4.18
ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Newtel is not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall Newtel be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
5.
LINKS TO OTHER WEBSITES

This Site may contain hyperlinks to websites operated by parties other than Newtel . The inclusion of hyperlinks to such websites (including but not limited to, Newtel 's bank's payment gateway site) does not imply Newtel 's certification or endorsement of such websites nor any association with their operators. Newtel or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the content of such other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the Site. You shall be solely responsible for any or all the consequences that arise out of your use of such hyperlinks to websites.

6.
INTELLECTUAL PROPERTY

All text, graphics, audio, design and other works on the Site are the copyrighted works of Newtel unless otherwise indicated. Content on the Site is for personal use only. Any alteration of the material or use of the material contained in the Site for any commercial purpose is a violation of the copyright of Newtel and/or its affiliates or associates or of its third-party information providers. The Content available on the Site shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from Newtel . All responsibility and liability for any damages caused by downloading of any data is disclaimed.
7.
LICENSE AND SITE ACCESS

7.1
Subject to the payments made hereunder, Newtel grants you a "limited, non-exclusive license" to access and make personal (noncommercial) use of this Site for informational purposes and not to modify either the whole or any portion of the Site. All rights not expressly granted herein are specifically reserved by Newtel .

7.2
The license shall not include: (i) any resale or commercial use of this Site or its Contents; or (ii) any derivative use of this Site or its Contents;

7.3
You, Your partners, Your employees, Your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Site to any other entity or individual. No Contents or information on the Site may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical. It is a condition of your use of this Site that You do not restrict or inhibit any other user from using this Site.
7.4
You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Newtel and/or our affiliates without the express written consent of Newtel . You may not use any meta tags or any other "hidden text" utilizing Newtel 's name or trademarks without the express written consent of Newtel . Any unauthorized use terminates the permission and the license granted by Newtel under this Agreement to you.
8.
MODIFICATIONS ON THE SITE

8.1
Newtel reserves the right to modify, suspend/cancel, or discontinue any or all sections, or Service at any time without notice. Newtel reserves the right to make modifications and alterations in the information contained on the Site without notice. You agree that Newtel shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site.
8.2
You expressly agree that any information provided on the Site shall be used by You at Your risk. You are advised to hereby make proper enquiries and use the information provided on the Site.
8.3
From time to time Newtel may supplement its terms of use with additional terms pertaining to specific Content (additional terms). Such additional terms are hereby incorporated by reference into this Agreement
9.
LIMITATION OF LIABILITY

NEITHER TRILOGY NOR ITS SUBCONTRACTORS OR ITS AFFILIATES, EMPLOYEES, AGENTS SHALL IN ANY EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM USE OF THE SITE OR ANY PART OR WHOLE OF THE CONTENT OR ARISING OUT OF ANY BREACH OF WARRANTY EVEN IF TRILOGY NOR ITS SUBCONTRACTORS OR ITS AFFILIATES, EMPLOYEES, AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON TRILOGY INFORMATION, FROM INABILITY TO USE TRILOGY INFORMATION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS TO THE CONTENT OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE CONTENT, LOSS OF GOODWILL, LOSS OF PROFITS, OR LOSS OF DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF TRILOGY OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE PROVIDED THEREUNDER. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

10.
INDEMNITY

You agree to indemnify and hold Newtel and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Contents you submit, e-mail, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another user of this Site, any other dispute, claim or demand with respect to any incorrect disbursement/ non-disbursement of funds or any of Your payment obligations and the interests chargeable thereon.
11.
ACKNOWLEDGMENT

The disclaimer and limited liability of Newtel as set out in this Agreement are fundamental elements of the basis of the bargain for the Content and access to the Site. You agree that Newtel would not otherwise be able to offer the Content or the Site on its present basis without such limitations. This clause shall survive any termination of this Agreement.
12.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
13.
SEVERABILITY

Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall: (i) be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability; (ii) not invalidate the remaining provisions of this Agreement; and (iii) not affect the validity of that provision in any other jurisdiction.
14.
GOVERNING LAW AND ARBITRATION

All legal proceedings shall be subject to the jurisdiction of the courts in Bangalore, India and shall be governed by and construed in accordance with the laws of India and you agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Bangalore, India.
15.
RELATIONSHIP

This Agreement or Your use of this Site does not constitute any joint venture, partnership, employment or agency relationship between You and Newtel .

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