Disclaimer

  • Introduction
  • 1.1 This disclaimer shall govern your use of our websites, applications, content, products, and services [the “Services”] made available by FuSmIn Pvt. Ltd., a private limited liability partnership company established in the India, having its offices at S-23, Phi Space, Krishna Marg,Shyam Nagar,Sodala, Jaipur, Rajasthan-19, India, the India, registered at the Ministry of Corporate Affairs under number U72900RJ2016PTC055785 [“FuSmIn Pvt. Ltd.”].

    1.2 By using our websites, applications, content, products, and services, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use the Services.

    1.3 Our websites, applications, content, products, and services uses cookies; by using the Services or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

    1. Copyright notice

    2.1 Copyright (c) [2016] [FuSmIn Pvt. Ltd.].

    2.2 Subject to the express provisions of this disclaimer:

    (a) We, together with our licensors, own and control all the copyright and other intellectual property rights in our websites, applications, content, products, and services; and

    (b) All the copyright and other intellectual property rights in our websites, applications, content, products, and services are reserved.

    1. Licence to use websites, applications, content, products, and services.

    3.1 You may:

    (a) Access and use the applications on your personal device solely connection with your use of the Services; and

    (b) Access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use.

    Subject to the other provisions of this disclaimer.

    3.2 Except as expressly permitted by Section 3.1 or the other provisions of this disclaimer, you must not download any material from the Services or save any such material to your computer.

    3.3 Unless you own or control the relevant rights in the material, you must not:

    (a) Republish material from the Services (including republication);

    (b) Sell, rent or sub-license material from the Services;

    (c) Show any material from the Services in public;

    (d) Exploit material from the Services for a commercial purpose; or

    (e) Redistribute material from the Services.

    3.4 We reserve the right to restrict access to areas of the Services, or indeed our whole websites, applications, content, products, and services, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our websites, applications, content, products, and services.

    1. Acceptable use

    4.1 You must not:

    (a) Use the Services in any way or take any action that causes, or may cause, damage to the Services or impairment of the performance, availability or accessibility of the Services;

    (b) Use the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    (c) Use our websites, applications, content, products, and services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

    (d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Services without our express written consent;

    (e) [Access or otherwise interact with the websites, applications, content, products, and services using any robot, spider or other automated means;]

    (f) [Violate the directives set out in the robots.txt file for our websites, applications, content, products, and services; or]

    (g) [Use data collected from our websites, applications, content, products, and services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]

    4.2 You must not use data collected from our websites, applications, content, products, and services to contact individuals, companies or other persons or entities.

    4.3 You must ensure that all the information you supply to us through our websites, applications, content, products, and services, or in relation to the Services, is [true, accurate, current, complete and non-misleading].

    1. Limited warranties

    5.1 We do not warrant or represent:

    (a) The completeness or accuracy of the information published on our websites, applications, content, products, and services;

    (b) That the material on the websites, applications, content, products, and services is up to date; or

    (c) That the websites, applications, content, products, and services or the Services will remain available.

    5.2 We reserve the right to discontinue or alter any or all of our websites, applications, content, products, and services, and to stop publishing the Services, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any websites, applications, content, products, and services, or if we stop publishing the Services.

    5.3 To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our websites, applications, content, products, and services and their use.

    1. Limitations and exclusions of liability

    6.1 Nothing in this disclaimer will:

    (a) Limit or exclude any liability for death or personal injury resulting from negligence;

    (b) Limit or exclude any liability for fraud or fraudulent misrepresentation;

    (c) Limit any liabilities in any way that is not permitted under applicable law; or

    (d) Exclude any liabilities that may not be excluded under applicable law.

    (e) The Customer agrees that the use of any location information should only be used for locating his location and shall not be used for any other purpose.

    (f) ‘mHooter’ is not liable for any damage or loss caused or alleged to be caused by or in connection with enablement, access or use of any such Third Party Services defined as Emergency Response Operator (Police Control Room). We are not legally bind by anyone defined as Customer and emergency Response Operator for not giving these services as we are only conveying information in the form of SMS, Notification, and Web.

    6.2 The limitations and exclusions of liability set out in this Section 6 and elsewhere in this disclaimer:

    (a) Are subject to Section 6.1; and

    (b) Govern all liabilities arising under the disclaimer or relating to the subject matter of the disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the disclaimer.

    6.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    6.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    6.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

    6.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    6.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Services or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

    1. Variation

    7.1 We may revise this disclaimer from time to time.

    7.2 The revised disclaimer shall apply to the use of our websites, applications, content, products, and services from the time of publication of the revised disclaimer.

    1. Severability

    8.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

    8.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    1. Law and jurisdiction

    9.1 This disclaimer shall be governed by and construed in accordance with [The Limited Liability Partnership Act, 2008].

    9.2 Any disputes relating to this disclaimer shall be subject to the exclusive / non-exclusive jurisdiction of the courts of [India].

    1. Statutory and regulatory disclosures

    10.1 We are registered under [The limited Liability Partnership Act, 2008]; you can find the online version of the register at [http://www.mca.gov.in], and our registration number is [U72900RJ2016PTC055785].

    10.2 We are registered as [FuSmIn Pvt. Ltd.] with [Ministry of Corporate Affairs] in [the India] and are subject to [The Limited Liability Partnership Act and Rules], which can be found at [http://www.mca.gov.in].

    1. Our details

    11.1 This website is owned and operated by [FuSmIn Pvt. Ltd.].

    11.2 We are registered in [Rajasthan, the India] under registration number [U72900RJ2016PTC055785], and our registered office is at [S-23, Phi Space, Krishna Marg,Shyam Nagar,Sodala, Jaipur, Rajasthan-19, India].

    11.3 Our principal place of business is at [S-23, Phi Space, Krishna Marg,Shyam Nagar,Sodala, Jaipur, Rajasthan-19, India].

    11.4 You can contact us by writing to the business address given above, or by using our website contact form, or by email to [shoaib@fusmin.com] or by telephone on [9261327777].