TERMS OF USE



The following terms of use ("Terms of Use") govern the access or Use by you (hereinafter referred to as the "User" or "You") of the website, proprietary software applications, and platforms (Apps) of SUN Mobility Private Limited (Company) accessed or used via any mobile phone handset, tablet or other electronic or communication device.

By accepting the terms herein, or by accessing, viewing or using the Apps, You agree to be bound by these Terms of Use and they constitute Your binding, legal obligations towards the Company. These Terms of Use may be modified at any time by the Company and such changes will be published at SUN Mobility. You agree that it shall be Your responsibility to ascertain the changes to the Terms of Use by reviewing the Terms of Use from time to time. If You do not agree to the Terms of Use, You should not access, view or Use the Apps.

  1. Definition
    1. Privacy Policy means the privacy policy of the Company as published at SUN Mobility Privacy Policy
    2. Use or Used means to directly or indirectly access, activate, execute, utilise or employ the functional and processing capabilities of the Apps or otherwise utlitise the Apps;
    3. User Information means any information, image, file, list, web-link or such other material that is uploaded, entered, generated or encountered by You through Use of the Apps;
  2. Access and User Registration
    1. General
      1. You agree and understand that You are entitled to access the Apps solely pursuant to the agreements executed with the Company, these Terms of Use and other documentation notified to you by the Company.
      2. You represent that you are 18 years of age and competent to contract.
      3. You agree that the Company may at any time, at its sole discretion, suspend Your access and Use of the Apps and take appropriate action against You for improper Use of the Apps.
    2. Account Set-up and Use
      1. In order to Use the Apps, You may have to register for and maintain an account (Account). Account registration may require You to submit certain information such as Your name, email id, identification number/details, mobile phone number and any unique identifier that may be issued to You by the Company in case of an individual or organization details and associated information in case You are a legal entity other than an individual.
      2. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and Use the Apps and/or result in suspension of the Account. You are responsible for all activity that occurs under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times. You acknowledge and agree that You shall be liable for all consequences and liabilities arising out of any misuse of your Account.
      3. You hereby consent that any information submitted by you for Account set-up may be used by the Company in accordance with the Privacy Policy which is deemed to be part of these Terms of Use.
    3. User Information
      1. You represent that You have the rights and authorizations required to upload, generate or publish all User Information through Use of the Apps.
      2. All User Information will be used and processed in accordance with these Terms of Use and the Privacy Policy (which is deemed to be part of these Terms of Use).
      3. You agree that the User Information uploaded by You can be used and viewed by other third parties who access and Use the Apps.
  3. Permitted Uses
    1. You are permitted to Use the Apps in accordance with these Terms of Use and definitive agreements entered into with the Company.
    2. You will Use the Apps in accordance with all applicable laws and regulations.
  4. Prohibited Use
    In relation to the Use and access of the Apps, You agree and undertake not to:
    1. Use the Apps to host, display, upload, modify, publish, transmit, update or share any information, material or content that does not belong to You
    2. Use the Apps to create, host, publish, share or transmit material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party;
    3. Use the Apps to host, display, upload, publish, transmit, or share any information, material or content which is unlawful, harmful, harassing, defamatory, blasphemous, offensive, obscene, pornographic, pedophilic, libelous, invasive of others' privacy, hateful, racially or ethically objectionable, disparaging, relating or encouraging gambling, money laundering or engaging in activities which would cause offence to others on grounds of race, religion, creed, or sex or is otherwise unlawful in any manner;
    4. Use the Apps (including by hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information, material or content) to harm or attempt to harm minors in any way;
    5. Use the Apps (including by hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information, material or content) to impersonate another person;
    6. Use the Apps to host, display, upload, modify, publish, transmit, update or share any information, material or content that contains software viruses or any other computer codes, files or programs designed to harm or interrupt, destroy or limit the functionality of any computer resource;
    7. Use the Apps to host, display, upload, modify, publish, transmit, update or share any information, material or content that 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 any other nation;
    8. Use the Apps in any manner which is not permitted under these Terms of Use or re-sell the usage, functionalities or services provided by the Apps;
    9. Use the Apps for any unauthorized marketing purposes or for sending any unsolicited materials or advertisements.
  5. Intellectual Property
    You agree and understand that:
    1. the Apps including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons incorporated therein are the sole property of the Company or its licensors. All intellectual property in and to the Apps and its contents and functionalities shall vest solely with the Company or its licensors.
    2. save for the limited right to access and Use the Apps in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Apps or any of its contents and functionalities.
    3. You have no right to make any copies of the whole or part of the Apps.
  6. Disclaimers
    1. The Company does not represent in any manner that:
      1. the Apps will be available at all times and will operate error free or that there will be uninterrupted access and service;
      2. the integrity of the User Information will be maintained;
      3. the Apps are free from viruses or other malware.
    2. The Company shall not in any manner be liable to You for any loss, damage, liability, expense or claim suffered by You in any manner by Your Use of the Apps. You expressly release the Company, its director, officers, employees, vendors and representatives from any loss, damage, liability, expense, claim or other consequence of any Use by You of the Apps.
    3. The Company hereby disclaims and expressly waives all other conditions, representations and guarantees, whether express or implied, arising by law, custom, oral or written statements of Licensor or third parties including, but not limited to, any warranty of merchantability or fitness for particular purpose or of error-free and uninterrupted Use of the Apps.
  7. Usage fee
    No fee shall be charged for the Use of the Apps.
  8. Indemnity
    You agree to indemnify and hold harmless the Company, its directors, shareholders, officers, employees and agents, against any claims, losses, damages or costs arising from (i) Your Use of the Apps and its contents, or (ii) Your breach of these Terms of Use.
  9. Limitation of Liability
    The Company shall not be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages. You acknowledge that the Apps are being provided to you on an "as-is" basis and you have chosen to Use the Apps at your own risk.
  10. General
    1. Termination: The Company reserves the rights to terminate Your access to the Apps at any time if You are in breach of these Terms of Use. You acknowledge the Company's rights set out in this Section 10(a) and waive any claim that You may have arising from such termination. Notwithstanding the termination of Your access to the Apps, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.
    2. Force Majeure: In no event shall the Company be liable for failure or delay that is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond the Company's control.
    3. Waiver: No waiver of any provision of these Terms of Use shall be binding on the Company unless executed and notified by the Company in writing to You. No waiver of any of the provisions of these Terms of Use by the Company shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver.
    4. Entire Agreement: These Terms of Use read along with the Privacy Policy shall constitute the entire agreement between You and the Company for the Your access and Use of the Apps.
    5. Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.
    6. Governing Law: These Terms of Use are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction and venue of the competent courts located at Bangalore, India for all disputes arising out of or relating to these Terms of Use.

This Policy has been last updated on 14th November 2019