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Terms and Conditions

This Agreement was last modified on 5 July 2019.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your use of a Phonefriend website www.Phonefriend.com (hereinafter referred to as "Phonefriend") and services and tools are governed by the following terms and conditions as applicable to the Phonefriend. If you transact on Phonefriend, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with SOULERGY INDIA SERVICES Pvt. Ltd., a company incorporated under Companies Act, 1956 with Corporate office at F-23,Panch Mandir Road,Rudrapur, Uttrakhand India and these terms and conditions constitute your binding obligations.

For the purpose of these terms of use, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems of the Togofogo.

When you use any of the services provided by the Phonefriend, including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Phonefriend reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Phonefriend grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

Membership Eligibility

Use of the Phonefriend Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Phonefriend Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Phonefriend and shall not transact or use Phonefriend website. As a minor if you wish to use or transact on Phonefriend, such use or transaction may be made by your legal guardian or parents who have registered as users of the Phonefriend. Phonefriendreserves the right to terminate your membership and refuse to provide you with access to the Phonefriend if it is brought to Phonefriend’ s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use Phonefriend, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Phonefriend has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Phonefriend has the right to indefinitely suspend or terminate or block access of your membership with Phonefriend and refuse to provide you with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to Phonefriend, You agree and understand that You are communicating with Phonefriend through electronic records and You consent to receive communications via electronic records from Phonefriend periodically and as and when required. Phonefriend may communicate with You by email or by such other mode of communication, electronic or otherwise.

Charges

Membership on the Phonefriend is free. Phonefriend does not charge any fee for browsing and buying on the Phonefriend. However Phonefriend reserves the right to charge fee and change its policies from time to time. In particular, Phonefriend may at its sole discretion introduce new services and modify some or all of the existing services offered on the Phonefriend. In such an event Phonefriend reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Phonefriend. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Phonefriend.


Use of Phonefriend Website www.Phonefriend.com

You agree, undertake and confirm that your use of Phonefriend shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information: 
(a) belongs to another person and to which You does not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) misleading in any way. 
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; 
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; 
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(n) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(o) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) engages in commercial activities and/or sales without Phonefriend’ s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, Phonefriend "prior written consent" means a communication coming from Phonefriend Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
(q) solicits gambling or engages in any gambling activity which Phonefriend, in its sole discretion, believes is or could be construed as being illegal;
(r) interferes with another user's use and enjoyment of the Phonefriend Website or any other individual's user and enjoyment of similar services;
(s) refers to any website or URL that, in the sole discretion of Phonefriend, contains material that is inappropriate for the Phonefriend Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(t) harm minors in any way;
(u) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; 
(v) violates any law for the time being in force;
(w) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(x) impersonate another person;
(y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; 
(z) 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.
(aa) shall not be false, inaccurate or misleading; 
(ab) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. 
(ac) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Phonefriend reserves the right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of Phonefriend website, or any other systems or networks connected to Phonefriend Website or to any Phonefriend’ s server, computer, network, or to any of the services offered on or through Phonefriend Website, by hacking, password “mining” or any other illegitimate means.

You shall not probe, scan or test the vulnerability of Phonefriend website or any network connected to Phonefriend website nor breach the security or authentication measures on Phonefriend website or any network connected to Phonefriend Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Phonefriend Website, or any other customer of Phonefriend, including any Phonefriend account not owned by you, to its source, or exploit Phonefriend Website or any service or information made available or offered by or through Phonefriend Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Phonefriend Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Phonefriend Website or Phonefriend’ s systems or networks, or any systems or networks connected to the Phonefriend.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Phonefriend on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Phonefriend or others.

Solely to enable Phonefriend to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Phonefriend will only use Your Information in accordance with the terms of use and Phonefriend's Privacy Policy.

From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.

You shall not engage in advertising to, or solicitation of, other users of Phonefriend to buy or sell any products or services, including, but not limited to, products or services related being displayed on Phonefriend or related to Phonefriend. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Phonefriend. It shall be a violation of these Terms of Use to use any information obtained from Phonefriend in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Phonefriend without Phonefriend’ s prior explicit consent. In order to protect our users from such advertising or solicitation, Phonefriend reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Phonefriend deems appropriate in its sole discretion.12. You understand that Phonefriend has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Phonefriend Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity.