1. Your relationship with BPUTALERT:
1.1 Your use of BPUTALERT Powered by Webaroo"s GupShup services (which
includes GupShup SMS service and the necessary products and software used
thereof for providing GupShup services) and the web site (hereinafter
individually referred to as the "Service" and collectively referred to as
the "Services" in this document; and excluding any services provided to you
by BPUTALERT under a separate written agreement) is subject to the terms of
this legal agreement between you and BPUTALERT "BPUTALERT" means BPUTALERT ,
whose principal place of business
is at :SHREE JAGANNATH NIWAS,ROOM NO-7,APARNA
NAGAR,CHAULIAGANJ,CUTTACK-753004, India. BPUTALERT service is a m-Alert
service that enables users as well as it subscriber to provide India’s First
University m-alert System as well as Web based information for Biju Patnaik
University Of Technology, Orissa for its student benefit.(Till Date We are
not have any Legal Permission From BPUT, Orissa in this Regard)
1.2 Unless otherwise agreed in writing with BPUTALERT, your agreement with
BPUTALERT will always include, at a minimum, the terms and conditions set
out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with BPUTALERT will also include the terms of any Legal
Notices applicable to the Services, in addition to the Universal Terms. All
of these are referred to below as the "Additional Terms". Where Additional
Terms apply to the Services, these will be accessible for you to read either
within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally
binding agreement between you and BPUTALERT in relation to your use of the
Services. It is important that you take the time to read them carefully.
Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and
what the Universal Terms say, then the Additional Terms shall take
precedence in relation to that Service.
2. Accepting the Terms
2.1 By using the Services, you agree that you have read and understood these
Terms and you agree to be bound by these Terms and use the Services in
compliance with these Terms. PLEASE READ THESE TERMS CAREFULLY.IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS
BELOW, DO NOT CLICK THE "I AGREE" BOX BELOW, DO NOT COMPLETE THE
REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE WEBSITE. You expressly
represent and warrant that you will not use the Service if you do not
understand, agree to become a party to, and abide by all of the Terms
specified below. Violation of these Terms can result in legal liability to
you. Nothing in these Terms should be construed to confer any rights to
third party
beneficiaries.
For purposes of these Terms, "we", "us" "our" "BPUTALERT" "BPUTALERT"
"company" refers to BPUTALERT Technology (India) Private Limited, and its
directors, officers, agents, employees and representatives (collectively,
"TEAM_BPUTALERT"), and "you", "your" and "yours" refers to you, the customer
using the Service who indicates his/her acceptance/rejection of these Terms.
3. Language of the BPUTALERT service:
BPUTALERT may, at its sole discretion and without giving any notice or
obtaining your consent, provide you the GupShup service or any part thereof
in English language and/or in any other language as it may desire/determine
from time to time.
4. Your Account security
4.1 You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to access
the Services.
4.2 Accordingly, you agree that you will be solely responsible to BPUTALERT
for all activities that occur under your account.
4.3 If you become aware of any unauthorized use of your password or of your
account, you agree to notify BPUTALERT immediately at:
http://www.bputalert.com/
5. Access to the Service/
Modifications to the Service:
5.1We reserve the right to modify or discontinue, temporarily or
permanently, all or a part of the Services without notice. We will not be
liable to you or to any third party for any modification, suspension, or
discontinuance of the Services, or parts thereof, except that you are only
entitled to a prorated refund representing the unused (as of the date of
termination) portion of any subscription fees that you have paid in advance
if we permanently discontinue the Service and you have already paid the
subscription fees.
5.2 You agree that BPUTALERT can, at its sole discretion, add tag line
footer messages, help messages, branding messages, and internal
advertisements (whether internal, contextual or any other advertisement) at
the end of all GupShup group messages sent to you.
6.Restrictions:
6.1 You agree to use the Services only for purposes that are permitted by
(a) the Terms and (b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions.
6.2 Except as may be expressly permitted by applicable laws or authorized by
us in writing, you will not (and you will not permit/allow/abet anyone else
to):
a. store, copy, modify, distribute, publish or resell any of any
information; audio, visual, and audiovisual works; or other content made
available on the Website ("Website Content") or compile or collect any
Website Content as a part of database or other work.
b. use any automated tool (e.g., robots, spiders) to avail the Service or
store, copy, modify, distribute, or resell any Website Content;
c. rent, lease, or sublicense your access to the Services to another person;
1. Disrupt the normal flow of dialogue within the Services or otherwise act
in a manner that negatively affects other participants;
2. Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted via the Services;
3. Collect or store personal data about other users;
4. Intentionally or unintentionally violate any applicable local, state,
national or international law, including but not limited to any regulations
having the force of law while using or accessing the Services or in
connection with your use of the Services in any manner;
5. Post or transmit any unsolicited advertising, promotional materials, or
any other forms of solicitation in the Services.
6. Provide or send any content which may be harmful or detrimental to
BPUTALERT or its business associates, or which violates any restriction or
policy established by BPUTALERT or its business associates.
7. In addition, you understand and acknowledge that differing countries,
societies and governments may hold their citizens, companies and visitors to
a different standard of conduct and speech (legal, ethical, moral and/or
religious), and in this regard your Services may be terminated if they
offend the conduct and speech standards of the country they are in or are
transmitting in to. Considerations include:
Note on unsolicited advertising and spam: BPUTALERT policy on using our
communication system to market to our users mandates that:
7. Content in the Services:
You understand that all information (such as files, graphics, links,
messages, data files, written text, software, music, audio files or other
sounds, photographs, videos or other images, communication or other
materials), whether publicly posted or privately transmitted, which you may
have access to as part of, or through your use of the Services are the sole
responsibility of the person from which such content originated. All such
information is referred to below as the "Content". BPUTALERT does not
control the Content posted or transmitted in any way via the Services and,
as such, does not guarantee the accuracy, integrity, or quality of such
Content.
8. Proprietary rights:
8.1 You acknowledge and agree that BPUTALERT (or BPUTALERT "s licensors) own
all legal right, title and interest in and to the Services, including any
intellectual property rights which subsist in the Services (whether those
rights happen to be registered or not, and wherever in the world those
rights may exist). You further acknowledge that the Services may contain
information which is designated confidential by BPUTALERT and that you shall
not disclose such information without BPUTALERT "s prior written consent.
8.2 Unless you have agreed otherwise in writing with BPUTALERT, nothing in
the Terms gives you a right to use any of BPUTALERT "s trade names,
trademarks, service marks, logos, domain names, and other distinctive brand
features.
8.3 If you have been given an explicit right to use any of these brand
features in a separate written agreement with BPUTALERT, then you agree that
your use of such features shall be in compliance with that agreement, any
applicable provisions of the Terms, and BPUTALERT’s brand feature use
guidelines as updated from time to time.
9. Software updates
The Software which you use may automatically download and install updates
from time to time from Webaroo and BPUTALERT. These updates are designed to
improve, enhance and further develop the Services and may take the form of
bug fixes, enhanced functions, new software modules and completely new
versions. You agree to receive such updates (and permit BPUTALERT to deliver
these to you) as part of your use of the Services.
10. EXCLUSION OF WARRANTIES
10.1 Nothing in these terms, , shall exclude or limit BPUTALERT’s warranty
or liability for losses which may not be lawfully excluded or limited by
applicable law. Some jurisdictions do not allow the exclusion of certain
warranties or conditions or the limitation or exclusion of liability for
loss or damage caused by negligence, breach of contract or breach of implied
terms, or incidental or consequential damages. Accordingly, only the
limitations which are lawful in your jurisdiction will apply to you and our
liability will be limited to the maximum extent permitted by law.
10.2 You expressly understand and agree that your use of the services is at
your sole risk and that the services are provided "as is" and "as
available."
10.3 in particular, BPUTALERT, its subsidiaries and affiliates, and its
licensors do not represent or warrant to you that:
A. your use of the services will meet your requirements,
B. your use of the services will be uninterrupted, timely, secure or free
from error,
C. any information obtained by you as a result of your use of the services
will be accurate or reliable, and
D. That defects in the operation or functionality of any software provided
to you as part of the services will be corrected.
10.4 any material downloaded or otherwise obtained through the use of the
services is done at your own discretion and risk and that you will be solely
responsible for any damage to your computer system or other device or loss
of data that results from the download of any such material.
11. Limitation of liability
11.1 subject to overall provision in paragraph 10.1 above, you expressly
understand and agree that BPUTALERT, its subsidiaries and affiliates, and
its licensors shall not be liable to you for:
A. Any direct, indirect, incidental, special consequential or exemplary
damages which may be incurred by you, however caused and under any theory of
liability. this shall include, but not be limited to, any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or business
reputation, any loss of data suffered, cost of procurement of substitute
goods or services, or other intangible loss;
B. any loss or damage which may be incurred by you, including but not
limited to loss or damage as a result of:
I. any reliance placed by you on the completeness, accuracy or existence of
any advertising, or as a result of any relationship or transaction between
you and any advertiser or sponsor whose advertising appears on the services;
II. any changes which BPUTALERT may make to the services, or for any
permanent or temporary cessation in the provision of the services (or any
features within the services);
III. the deletion of, corruption of, or failure to store, any content and
other communications data maintained or transmitted (including data sent via
SMS ) by or through your use of the services;
IV. your failure to provide BPUTALERT with accurate account information;
V. your failure to keep your password or account details secure and
confidential;
12. Copyright and trade mark policies
12.1 It is BPUTALERT "s policy to respond to notices of alleged copyright
infringement that comply with applicable international intellectual property
law (including, in India, the Copyright Act, 1957) and to terminating the
accounts of repeat infringers.
12.2 Copyright Infringement Claim:
BPUTALERT complies with the provisions of the Digital Millennium Copyright
Act (DMCA) and the Indian Copyright Act, 1957. If you have a concern
regarding the use of copyrighted material accessible through any portion of
the BPUTALERT service, please contact the agent designated to respond to
reports alleging copyright infringement. The infringement claims must be
made in writing:
By mail:
Copyright Agent
SHREE JAGANNATH NIWAS,ROOM NO-7,APARNA NAGAR,CHAULIAGANJ,CUTTACK-753004
By phone: +91-9853334919/+91-9938604895/+91-9237004678
By Email: bputalert@gmail.com
ยท the true, correct, accurate, up-to-date and complete information about the
registration of the Copyright (including copyright registration number, date
of registration, tenure of availability of copyright etc.), if the copyright
is registered. Please include all such information when corresponding with
BPUTALERT's registered agent.
13. Advertisements
13.1 Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may be targeted
to the content of information stored on the Services, queries made through
the Services or other information.
13.2 The manner, mode and extent of advertising by Webaroo and BPUTALERT on
the Services are subject to change without specific notice to you.
13.3 In consideration for BPUTALERT granting you access to and use of the
Services, you agree that BPUTALERT may place such advertising on the
Services.
13A. Privacy Policy and your personal information: For information about
BPUTALERT's data protection practices, please read BPUTALERT's privacy
policy at http://www.bputalert.com/. This policy explains how Webaroo and
BPUTALERT treat your personal information, and protects your privacy, when
you use the Services. You agree to the use of your data in accordance with
BPUTALERT's privacy policies.
14. Changes to the Terms
14.1 BPUTALERT may make changes to the Universal Terms or Additional Terms
from time to time. When these changes are made, BPUTALERT will make a new
copy of the Universal Terms available at and any new Additional Terms will
be made available to you from within, or through, the affected Services.
14.2 You understand and agree that if you use the Services after the date on
which the Universal Terms or Additional
Terms have changed, BPUTALERT will treat your use as acceptance of the
updated Universal Terms or Additional
Terms.
14A. Indemnity You hereby indemnify and hold BPUTALERT, and its
subsidiaries, affiliates, officers, agents, and employees, harmless from any
loss, costs, damages, expenses, and liability caused by your use of the
Service, Software, or Service Content, your violation of this Agreement, or
your violation of any rights of a third party through use of the Service,
Software, or Service Content
Contacting BPUTALERT
If you have any questions or concerns about this Service and License
Agreement or the Service or Software, please send us a thorough description
by email to contact@bputalert.com. We strive to respond to all customer
requests within the next business day. If you have any questions or claims
of copyright infringement, please contact us by email at info@bputalert.com