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These Terms & Conditions ("Terms") govern the use of the Virtual Afsar mobile application ("App"), the website Virtualafsar.com ("Website"), and any products or services provided by SAMRUDDHAM DEVELOPMENT PRIVATE LIMITED ("Company/We/Us/Our"). Please read these Terms carefully before using the App, Website, or any products or services. Your use of the App, Website, or any products or services signifies your acceptance of these Terms and your agreement to be legally bound by them.

1. Acceptance of Terms

By accessing, using, or browsing the App, Website, or any products or services, or by registering with us, you acknowledge and agree to be bound by these Terms.

If you do not agree with these Terms, please do not use the App, Website, or any products or services.

2. Company Information

SAMRUDDHAM DEVELOPMENT PRIVATE LIMITED is a company based in MUMBAI, MAHARASHTRA, India.

Address: SAMRUDDHAM DEVELOPMENT PRIVATE LIMITED, 510, GURU DARSHAN CHS LTD, JAGDUSHA NAGAR, NEAR SARVODAYA HOSPITAL, GHATKOPAR WEST, MUMBAI- 400086

Email: info@virtualafsar.com

3. Ownership and Intellectual Property

All information, content, material, trademarks, service marks, trade names, and trade secrets, including but not limited to software, text, images, graphics, videos, scripts, and audio, contained in the App, Website, or any products or services ("Proprietary Information") are the proprietary property of the Company.

You may not copy, download, reproduce, modify, republish, upload, post, transmit, or distribute any Proprietary Information without obtaining prior written permission from the Company. No part of the App, Website, or any products or services shall be deemed to confer a license or any other right, interest, or title to the User in any intellectual property rights belonging to the Company or third parties.

4. User Eligibility

We offer our products and services to individuals of all ages, including those who are below 18 years old. However, if you are under 18, we kindly ask that you review these guidelines with a parent or legal guardian to ensure a clear understanding of our terms and conditions.

If you are 18 years old or older, you can use our services independently and are considered legally capable of entering into a binding contract with us.

For users below the age of 18:

  • 4.1. Parental or Guardian Consent: If you are under 18, please obtain permission from your parent or legal guardian before using the App, Website, or any of our products or services. Your parent or guardian should be involved in the registration and usage process.
  • 4.2. Supervision: We encourage parents or guardians to actively supervise their children's activities on our platform.
  • 4.3. Privacy and Data Protection: We prioritize the privacy and protection of our users, especially those who are under 18. Please review our Privacy Policy to understand how we collect, use, and safeguard your personal information.
  • 4.4. Appropriate Content: If you are below 18, please refrain from sharing any personal or sensitive information on public forums or engaging in activities that may not be suitable for your age group.
  • 4.5. Report Inappropriate Content: If you come across any content or behavior that appears to be inappropriate or harmful, please report it immediately to us.
  • 4.6. Limited Contractual Capacity: While users below 18 can access and use our services, any contractual agreements they make will be considered voidable by the minor. The minor can choose to discontinue the service at any time without penalty. However, the obligations of the Company under any contract will remain valid.

By using our App, Website, or any products or services, you acknowledge that you have read, understood, and agree to comply with these guidelines. If you are below 18, you further confirm that you have obtained parental or guardian consent.

5. User Account

In order to access certain features or services, you may need to create a user account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to provide accurate, current, and complete information during the registration process and to update your information as necessary to keep it accurate, current, and complete. You are solely responsible for all activities that occur under your account. If you believe there has been unauthorized access to your account, you must notify the Company immediately.

As parents or guardians, you are responsible for supervising your child's account and activities on the platform. We encourage you to regularly monitor their usage to ensure they are using the app safely and responsibly. If you suspect any unauthorized access to your child's account or notice any concerning activities, please notify us immediately.

6. Use of the App, Website, and Services

Your use of the App, Website, and any products or services is subject to the following conditions:

  • You may use the App, Website, and services only for lawful purposes and in accordance with these Terms.
  • You may not use the App, Website, or services in any manner that could disable, overburden, damage, or impair the App, Website, or services or interfere with any other party's use.
  • You may not attempt to gain unauthorized access to any part of the App, Website, or services or any systems or networks connected to them.
  • You may not use any manual or automated means, including bots, crawlers, or scrapers, to access, monitor, or copy any content from the App, Website, or services without prior written permission from the Company.

7. Product Description and Availability

The Company strives to provide accurate and up-to-date information regarding its products and services. However, the Company does not warrant the accuracy, completeness, or reliability of any product descriptions or availability information. The availability of products or services may be subject to change without notice.

8. Payment and Refunds

The pricing, payment terms, and refund policies for the products or services offered by the Company will be specified separately. By purchasing any products or services, you agree to abide by the specified payment terms and refund policies.

9. Third-Party Content and Links

The App, Website, or services may contain content from third parties. The Company does not endorse or assume any responsibility for such third-party content. The inclusion of any third-party links does not imply endorsement of the website(s) linked. You acknowledge that third-party content and links are subject to their respective terms and conditions, and the Company is not responsible for their content or practices.

10. Privacy Policy

The Company respects your privacy and handles your personal information in accordance with its Privacy Policy. By using the App, Website, or any products or services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

11. Disclaimer of Warranties

The App, Website, and any products or services are provided on an "as is" and "as available" basis without any warranties of any kind. The Company disclaims all warranties, whether express, implied, or statutory, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. Your use of the App, Website, or any products or services is at your own risk.

12. Limitation of Liability

In no event shall the Company, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App, Website, or any products or services. The Company's liability, if any, shall be limited to the amount paid by you for the specific product or service giving rise to the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, partners, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your use of the App, Website, or any products or services or your violation of these Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India without regard to conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat.

15. Modification and Severability

The Company reserves the right to change, modify, suspend, or discontinue any aspect of the App, Website, or any products or services at any time without notice. If any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall continue in full force and effect.

16. Entire Agreement

These Terms, along with any separate agreements or policies provided by the Company, constitute the entire agreement between the Company and the User regarding the App, Website, and any products or services.

17. Notices

All notices from the Company shall be provided via email or as a general notification on the App or Website. Any notice to the Company should be sent to the designated email address.

18. Relationship

Your use of the App, Website, or any products or services does not create any employment, agency, partnership, joint venture, or franchise relationship between you and the Company.

19. Feedback

Any feedback provided by you to the Company regarding the App, Website, or any products or services shall be deemed non-confidential, and the Company may use such feedback without any obligation of confidentiality or compensation.

20. Customer Support

For any issues or queries, you can contact our customer support team at info@virtualafsar.com.

21. Children's Privacy Policy

  • Protecting the privacy of children is important to us. We do not knowingly collect or maintain personal information from children under the age of 13.
  • If we become aware that personal information has been collected from a child under the age of 13 without parental consent, we will take appropriate steps to delete that information.

Intellectual Property and License to User Generated Content

1. Ownership of Intellectual Property: All intellectual property rights in the Virtual Afsar App, Website, and any products or services are the exclusive property of the Company. The App, Website, and all related content and materials are protected by applicable intellectual property laws.

2. User-Generated Content: The App may allow users to create, upload, submit, or post content ("User-Generated Content"). By doing so, you represent and warrant that you have the necessary rights, permissions, and licenses, and that your content does not infringe upon the intellectual property or any other rights of any third party.

3. License Grant from User to Company: By creating, uploading, submitting, or posting User-Generated Content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use your content for promotion, marketing, and improvement of the App, Website, and Company's products or services.

4. Responsibility for User-Generated Content: You are solely responsible for your User-Generated Content. The Company does not endorse, guarantee, or assume any responsibility for the accuracy, completeness, legality, or reliability of any User-Generated Content. The Company reserves the right to monitor, review, remove, or modify User-Generated Content at its sole discretion without notice.

5. No Obligation to Use: The Company is under no obligation to use, display, or maintain any User-Generated Content and may remove or delete it at any time without prior notice.

6. Infringement of Intellectual Property: If you believe your intellectual property rights have been infringed, please notify the Company in writing with: description of the copyrighted work; location of the infringing content; your contact information; statement of good faith belief; and statement under penalty of perjury.

7. Copyright Infringement Notification: Copyright infringement notifications should be sent to the Company's designated Copyright Agent.

8. Repeat Infringers: The Company reserves the right to terminate the accounts of users who are determined to be repeat infringers.

9. No Transfer of Intellectual Property Rights: Nothing in this policy shall be construed as transferring any intellectual property rights from the Company to you. All rights not expressly granted are reserved by the Company.

10. Modifications: The Company reserves the right to modify or update this policy at any time without prior notice.

11. Ownership of Virtual Afsar Content: Content owned or licensed by Virtual Afsar, including images, graphics, processes, and software, is subject to copyright and trademark protections. Users are prohibited from using Virtual Afsar's content as their own without prior permission. Virtual Afsar Content does not include User-generated Content.

Takedown Policy for Virtual Afsar - Copyright, Trademarks, and other Intellectual Properties

1. Ownership of User-generated Content: All rights in User-generated Content are owned by the users. Virtual Afsar holds a limited license to publish this content. Users must read and adhere to the Terms and Conditions.

2. Ownership of Virtual Afsar Content: Content owned or licensed by Virtual Afsar is subject to copyright and trademark protections. Users are prohibited from using Virtual Afsar's content as their own without prior permission.

3. Copyright Complaints and Takedown Policy:

  • International Goals Services: Complaints for International Goals services shall be processed in accordance with applicable laws including DMCA. Report to info@virtualafsar.com (Subject: "DMCA Takedown Request").
  • All Other Services: Complaints shall be dealt with in accordance with relevant national copyright laws. Report to info@virtualafsar.com (Subject: "Copyright: Takedown Request - India").
  • Notification Requirements: Include electronic or physical signature; description of copyrighted work; specific location of infringing material; contact information; statement of good faith belief; statement under penalty of perjury.
  • Contact: SAMRUDDHAM DEVELOPMENT PRIVATE LIMITED, 510, GURU DARSHAN CHS LTD, JAGDUSHA NAGAR, NEAR SARVODAYA HOSPITAL, GHATKOPAR WEST, MUMBAI 400086, Maharashtra. Email: info@virtualafsar.com

4. Counter-Notice: Users who believe their content was wrongly removed can submit a counter-notice with physical or electronic signature; identification of removed content; statement of good faith belief; contact information; consent to jurisdiction; acceptance of service of process.

5. Trademarks and other Intellectual Property Rights: Trademarks displayed on the platform are owned by Virtual Afsar. Users are not allowed to use Virtual Afsar Marks without prior permission. Users are strictly prohibited from reusing videos or any content for commercial activities. All content is intended for personal use only.

6. Intellectual Property Complaints: Contact info@virtualafsar.com with description of infringed trademark, location of infringing material, and contact information.

7. Repeat Infringer Policy: Virtual Afsar reserves the right to terminate users who are deemed repeat infringers.

8. Designated Copyright Agent: Legal Department, Virtual Afsar. Email: info@virtualafsar.com

Limitation of Liability Policy

1. Acceptance of Terms: By using the App, you acknowledge and agree to this Limitation of Liability Policy.

2. No Warranty: The App and all its content, products, and services are provided on an "as is" and "as available" basis, without any warranties. Your use of the App is at your own risk.

3. Disclaimer of Liability: To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of the App.

4. Third-Party Content and Services: The Company does not endorse or assume responsibility for third-party content or services. The Company shall not be liable for any loss or damage caused by your use of or reliance on such content or services.

5. Force Majeure: The Company shall not be liable for any failure or delay resulting from acts beyond its reasonable control, including acts of God, natural disasters, war, terrorism, governmental actions, labor disputes, power outages, or network failures.

6. Indemnification: You agree to indemnify, defend, and hold harmless the Company from any claims, damages, liabilities, costs, and expenses arising from your use of the App or violation of applicable laws.

7. Modification of Policy: The Company reserves the right to modify this policy at any time without prior notice.

8. Severability: If any provision is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force.

9. Governing Law and Jurisdiction: This policy shall be governed by the laws of Ahmedabad. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Ahmedabad.

These comprehensive Terms & Conditions are provided to ensure clarity and understanding of the rights and obligations of the User and the Company. By using the App, Website, or any products or services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.