Press3 Terms Of Use

Telebu Communications LLP (“Press3” or “us” or “we” or “Company” or “Telebu”, which also includes its affiliates) is the author and publisher of the Internet resource owns and operates the website www.press3.io and the Contact Center software ‘Press3’. Press3 owns and operates the services provided through the Website as well as the software and applications including but not limited to those of the brand names ‘Press3 Cloud’ and ‘Press3 On-Premises’. The Company operates various websites and other services including but not limited to delivery of information and content via any mobile or internet connected device or otherwise (collectively the “Services”).

These Terms of Use constitute the agreement (the “Agreement” or “Terms of Use”) between Press3 and the user of Press3’s Services (“User”, as defined in Section 2 of this agreement). Your use of Press3’s Services, which include Press3 Cloud, Press3 On-premises and various ancillary Services accessible at https://www.press3.io, (hereinafter individually referred to as the “Service” and collectively referred to as the “Services”) is subject to the following terms and conditions.

This Agreement, among other things, provides the terms and conditions for use of Services, primarily a web based practice management hosted and managed remotely through the website and through native mobile applications as described in this Agreement.

1. Your Agreement with Press3

1.1 We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Your use of the Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Services are also considered as Terms of Use. By agreeing to these terms, you also agree to the terms of use of the Service, which are available at www.press3.io/terms

1.2 You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us.

1.3 Your access to use the Services will be solely at the discretion of Press3.

2. Who is Press3?

Press3 is the author and publisher of the Contact Center Software Press3. Press3, and all their variants, editions, add-ons, and ancillary Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). The Services have been designed for use at businesses, institutions and organisations engaged in the Communication Industry (“Practices”) and clients of the User (“End-Users”, which term shall also include members of public who search for the Service on the website anonymously or as a registered user of the Service) to find, manage and organise information including but not limited to personal or non-personal information, practice and business information, billing, inventory and accounting details. All users of the Services are together termed as (“Users”or “you” or “your”).

2.1 Press3 makes no express or implied representations or warranties about its Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. Press3 does not authorize anyone to make a warranty on Press3’s behalf and you may not rely on any statement of warranty as a warranty by Press3.

3. Terms of Use

3.1 By using the Services, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use and use these Services in compliance with these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. You expressly represent and warrant that you will not use these Services if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. YOUR USE OF THE Press3 MEANS YOU ARE CONSENTING TO THIS AGREEMENT.

3.2 You must be 18 years of age or older to register; use these Services in any manner. By registering, or accepting this Agreement, you represent and warrant to Press3 that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services available through the Press3 and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the Services.

3.3 The Agreement is published in compliance of, and is governed by the provisions of the Constitution of India.

3.4 A condition of the User’s use of and access to the Services available provided by Press3 to Users is the User’s acceptance of this Agreement. Any account You may create by registration on this Website and/or purchase or avail any product or service available through this Website are governed by these Terms of Use.

3.5 Press3 authorizes the User to view and access the content available on the Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Services (collectively, "Press3 Content"), are the property of Press3 and are protected under copyright, trademark and other laws. User shall not modify the Press3 Content or reproduce, display, publicly perform, distribute, or otherwise use the Press3 Content in any way for any public or commercial purpose or for personal gain.

3.6 Multiple Users are not permitted to share the same/single log-in.

3.7 If you are an employee, associate, consultant, intern or are in any way associated to the User that has subscribed to the Services and the subscribing User has authorized you, explicitly or implicitly, to use the Services, this Agreement is a three-way agreement between you, the User and Press3. Both the User and Press3 may seek recourse against you for any violation of the terms of this Agreement.

3.8 Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log-in or right to use the Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.

3.9 These Terms of Use will also be applicable to Users who access Software features using native mobile applications published by Press3 including but not limited to its applications for devices running on platforms such as iOS, Android, and any derivatives or any other platforms. Additional terms of use may be applicable to Users while accessing Software using such mobile applications.

3.10 You agree that any registration information you give to Press3 will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Services be registered in your name and you might be asked to provide supporting documents to prove the same.

3.11 You agree that you will not use the Services provided by Press3 for any unauthorized and unlawful purpose. You will not impersonate another person,

3.12 You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).

3.13 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Press3, unless you have been specifically allowed to do so in a separate agreement with Press3.

3.14 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

3.15 You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Services for any purpose whatsoever.

3.16 You agree that you are solely responsible for (and that Press3 has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Press3 may suffer) of any such breach.

3.17 You shall indemnify Press3 for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Press3 as a result of your breach under any applicable law.

3.18 You expressly acknowledge and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and "as available”.

3.19 You agree that you will not make any unsolicited calls or use any information displayed on the Press3, an online platform; to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI (Telecom Regulatory Authority of India) guidelines for telemarketing, or otherwise violate applicable law while using the Services.

3.20 You agree that this Agreement and the Services of Press3 are subject to any modification, or may be removed by Press3, as a result of change in government regulations, policies and local laws as applicable.

3.21 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any login you use to access the Software.

3.22 Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other Service that may be provided by Press3. For instance, having an Agent login to access Press3 does not automatically entitle you to a the features of Press3’s Manager login.

4. Use of Services

4.1 Press3 is not responsible for and does not deal with any of the End-users managed by User through the website or native mobile applications and only provides Software to User through the website and on the premises of the User. To the extent User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by Press3, for providing Services to User and enabling User to use those Software only. Press3 (or its licensors) retains full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to Press3 may be used, stored or re-published by Press3 or its affiliates even after the termination of these terms of Service.

4.2 Press3 may offer at its discretion, a free trial of its Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions.

4.3 Press3 offers its Services on as-is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee hence charged is exclusive of any customisation costs.

4.4 User shall not access the Services of Press3 if the User or the organisation that he/she/it represents is Press3’s direct competitor, except with Press3’s prior written consent. In addition, the User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

4.5 Press3 provides, at its discretion basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Press3 shall give at least 8 hours notice to Users via the Services and which Press3 shall try to schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00AM Indian Standard Time (IST) Monday), or (ii) any unavailability caused by circumstances beyond Press3’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. Press3 will provide the Services only in accordance with applicable laws and government regulations.

4.6 Notwithstanding anything to the contrary contained herein, Press3 does not warrant that its Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Services (depending on the Services used) including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. Press3 takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

4.7 The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against Press3’s application programming interface, and, other limitations dependent on the ‘User Plan’, for example, number of SMS, number of Calls, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Services have been designed to provide real-time information to enable User to monitor such User’s compliance with such limitations.

4.8 Notwithstanding anything to the contrary contained herein, User alone shall be liable for his dealings and interaction with End-Users contacted or managed through the Software and Press3 shall have no liability or responsibility in this regard. Press3 does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by End-Users or any third party through the Services. The Services are not intended for and must not be used for emergency situations.

4.9 Press3 is not in a position to validate the information about the End-User provided by the User and will not be responsible for any errors in or incompleteness of such information. You hereby represent and warrant that to the extent that you provide any such information, it is true and complete to the best of your knowledge.

4.10 Press3 may, at its sole discretion, suspend User’s ability to use or access the Services at any time while Press3 investigates complaints or alleged violations of this Agreement, or for any other reason. Press3 grants you a non exclusive, non transferable, revocable, limited license to the Services.

4.11 Press3 reserves the right to use all information captured in its Services in anonymised form for the purpose of its Services improvements, and providing analytics and business intelligence to third parties. On the basis of such information, Press3 tries to make its Services more useful in following way:
(i) Promotion of new Services;
(ii) Analysing software usage patterns for improving Services design and utility;
(iii) Analysing anonymised End-User information for research and development of new technologies and any other Services offerings;
Users can use the rectification tools provided by Press3 or contact Press3 immediately for rectifications. Press3 shall bear no liability or responsibility in this regard.

4.12 Press3 reserves the right to use the following types of information stored in our software:
(i) End-Users’ demographic information as anonymised form;
ii) Call Statistics and patterns
iii) Details of User interaction with the system
iv) Business Process as a use case

4.13 Certain Services (including ancillary Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“Specific Terms”). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Services will be contingent upon your acceptance of and compliance with such Specific Terms.

4.14 Press3 reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Services or native mobile application or all of these at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Press3 reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit.

4.15 Payment, Fees and Taxes: (a) Press3 may add new Services for additional fees and charges or may proactively amend fees and charges for existing Services, at any time in its sole discretion. Fees stated prior to the Services being provided, as amended at Press3’s sole discretion from time to time, shall apply.
(b) If you purchase any subscription based paid Service, you authorize Press3 to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorise Press3 to make such modifications to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.
(c) You agree that the billing credentials provided by you for any purchases from Press3 will be accurate and you shall not use billing credentials that are not lawfully owned by you.
(d) The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is non-refundable.
(e) Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Press3 is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
(f) All fees are exclusive of taxes. Statutory taxes as applicable are levied on every purchase.
(g) The payment process would be considered to be complete only on receipt of the fees into Press3's designated bank account.
(h) Fees not received within the specified due dates may attract late charges, and any such charges may be levied at Press3's sole discretion.
(i) Press3 reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to Press3 to such notice, Press3 shall apply the modified fee structure effective from the expiry of the said notice period.
(j) In order to process the fee payments, Press3 might require details of User’s bank account, credit card number and other such financial information. Users are directed to check our privacy policy www.press3.io/privacy on how Press3 uses the confidential information provided by Users.
(k) Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with Press3 intimating such User about expiration of the current subscription period and that the credit card of such User registered with Press3 will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions of section 10 below, if a User is not willing to continue or renew the subscription of Subscription Services, the same shall be communicated to Press3 by the User within 5 (five) days of receipt of such intimation from Press3. In the absence of such intimation to discontinue the subscription, Press3 shall be entitled to charge the credit card of the User registered with Press3 on the day the current subscription period expires.
(l) Press3 shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into Press3’s designated bank account.
(m) In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date), Press3 reserves the right to take any or all of the following actions as it deems appropriate (i) reduce all Subscription Service credits in Users’ Subscription Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to SMS and Call credits. (ii) discontinue the Subscription Services to the User anytime after 30 (thirty) days from the overdue date. (iii) delete all information in User’s account anytime after 90 (ninety) days from the overdue date.
(n) Fees and charges shall be calculated solely based on records maintained by Press3 or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of Press3 shall be final and binding in relation to any fees payable by Users.
(o) You can cancel your access to the Subscription Services using any of the cancellation methods listed in the Terms of Use or by contacting our customer support by email at hello@press3.io. The one time set-up fees shall not be refunded to the User.
(p) Press3 will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription 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, paid deposits or payments for Subscription Services other than the non-refundable one time set-up fees as due prior to permanent discontinuation of the Subscription Services or upon the expiry of 45 (forty five) days from the date of your written notice to Press3. Press3 shall have the right to deduct any taxes that are due in relation to the refund amount (if any).
(q) The subscription fees are non-transferable and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service.

5. Collection, Use, Storage and Transfer of Personal Information

5.1 The terms “personal information” and “sensitive personal data or information” are reproduced in the privacy policy (“Privacy Policy”) available at www.press3.io/privacy

5.2 The Privacy Policy sets out:
i) The type of information collected from Users, including sensitive personal data or information;
ii) The purpose, means and modes of usage of such information; and
iii) How and to whom Press3 will disclose such information.

5.3 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
(a) the fact that the information is being collected;
(b) the purpose for which the information is being collected;
(c) the intended recipients of the information;
(d) the various rights available to such Users in respect of such information.

5.4 The User of Software will be responsible for obtaining explicit consent from their End-Users before storing any End-User information in Software.

5.5 Press3 shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Press3 or any other person acting on behalf of Press3.

5.6 The use of the Services involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by Press3 from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

5.7 The User is responsible for maintaining the confidentiality of the User’s log-in account access information and password. The User shall be responsible for all usage of the User’s login or password, whether or not authorized by the User. The User shall immediately notify Press3 of any actual or suspected unauthorized use of the User’s login or password. Although Press3 will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to Press3 or any others parties due to such unauthorized use.

5.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Press3 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Press3 has the right to discontinue the Services to the User at its sole discretion.

5.9 Press3 may, at its discretion, use information stored in its Services from time to time for the purposes of debugging customer support related issues.

5.10 Press3 collects and uses Users personal and demographics information in ways as stated in Privacy Policy that can be found at www.press3.io/privacy. Press3 intends to seek User’s permission if it wishes to use any User’s personal data for any purpose not specified herein or in the Privacy Policy. Any information provided by the User may be retained by Press3 and used at its discretion after termination of this Agreement or expiry of a subscription by the User, and thereupon the Agreement and Privacy Policy of www.press3.io/privacyshall be applicable to such information.

6. Covenants

6.1 Press3 hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
(a) Belongs to another person and to which the User 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;
(c) Harm minors in any way;
(d) Infringes any patent, trademark, copyright or other proprietary rights;
(e) Violates any law for the time being in force;
(f) Deceives or misleads the End-User or User about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) Impersonate another person;
(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

6.2 The User is also prohibited from:
(a) Violating or attempting to violate the integrity or security of the Services or any Press3 Software;
(b) Transmitting any information (including job posts, messages and hyperlinks) on or through the Services that is disruptive or competitive to the provision of Services by Press3;
(c) Intentionally submitting on the Services any incomplete, false or inaccurate information;
(d) Making any unsolicited communications to other Users;
(e) Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
(f) Attempting to decipher, decompile, disassemble or reverse engineer any part of the Services unless explicitly permitted by Press3;
(g) Copying or duplicating in any manner any of the Press3 content or other information available from the Service;
(h) Framing or hotlinking or deep linking any Press3 content;
(i) Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

6.3 Press3, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in section 6.2 above, shall be entitled to disable such information that is in contravention of section 6.2. Press3 shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.

6.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, Press3 has the right to immediately terminate the access or usage rights of the User to the Services and to remove non compliant information.

6.5 Press3 may disclose or transfer User Information (as defined in the privacy policy) to its affiliates, and you hereby consent to such transfer. Press3 will transfer sensitive personal data or information to any other body corporate or a person in India, or located in any other country only if such transfer is necessary for the performance of the lawful contract between Press3 or any person on its behalf and the user or where the User has consented to data transfer.

6.6 Press3 respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

7. Liability

7.1 Press3 shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Press3, where the User has consented to the making of disclosures by Press3. If the User had revoked such consent under the terms of the privacy policy, then Press3 shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Press3 prior to its actual receipt of such revocation.

7.2 The User shall not hold Press3 responsible or liable in any way for any disclosures by Press3 under the Constitution of India.

7.3 The Software provided by Press3 or any of its licensors or providers are provided "as is”, "as available”, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Press3 does not provide or make any representation, warranty or guarantee, express or implied about the Services. Press3 does not verify any content or information provided by Users on its Services and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Services, the Press3 Content, representations and warranties made by the Users or the content or information provided by the Users on the Subscription Services or any opinion or suggestion given or expressed by Press3 or any User in relation to any User or Services provided by such User.

7.4 Press3 assumes no responsibility, and shall not be liable for ways in which End-User data is used. It is the responsibility of the User alone to ensure that the End-User data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by Press3, is used in compliance to local privacy laws applicable to the User’s business transactions with End-Users.

7.5 The Services of Press3 may be linked to the services of third parties, affiliates and business partners. Press3 has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Services or made available by/through our Services. Inclusion of any link on the Services does not imply that Press3 endorses the linked site. User may use the links and these Services at User’s own risk.

7.6 Press3 assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Services of Press3.

7.7 The Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Press3 representatives or agents, and their opinions or statements do not necessarily reflect those of Press3, and they are not authorized to bind Press3 to any contract. Press3 hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.

7.8 In no event, including but not limited to negligence, shall Press3, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related thereto, User’s provision of information via the Services of the Press3, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Services by to End-Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Services.

7.9 In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the Services provided by a User.

7.10 In no event shall the protected entities and the Press3 be liable or responsible for the listing order of End-Users on the Service. Further, Press3 shall not be responsible for adverse feedback or comments, or ratings on the Services which are a subject matter of automated processes, and Press3 disclaims any liability for lost business or reputation of a User due to information, data or ratings that are available on the Service.

7.11 The reviews and the feedbacks are displayed by the Press3 at its discretion. You agree that Press3 may contact you through telephone, email, sms, or at your contact details for the limited purpose of:
i. Obtaining feedback in relation to Press3’s Services; and/or
ii. Obtaining feedback in relation to any End-Users listed on the Service.

7.12 The protected entities and the Press3 shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in Press3 Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.

8. Indemnity

8.1 User agrees to indemnify and hold harmless Press3, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Press3 will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

9. Compliances

9.1 User is liable to submit identification documents if necessary as per the regulations of the Department of Telecommunications, Government of India.

9.2 Any violation of TRAI(Telecom Regulatory Authority Of India) norms i.e. sending messages on DND (Do Not Disturb) registered numbers shall be the liability of the User. In case of any violation of TRAI norms, penalties will be charged to the User on receipt of any complaint.

9.3 Press3 reserves the right for modification, alteration or removal of specific features or offerings based on the law and regulations without any prior notice. Press3 holds no abiding policy to fulfil any type of service request demanded by the User.

10. Term, Termination and Disputes

10.1 This Agreement will remain in full force and effect while the User is a user of any of the Services in any form or capacity.

10.2 The User can request for termination of his/her/its membership with Press3 at any time by providing 30 (thirty) days’ prior written notice to hello@press3.io. During this 30-day period, Press3 will investigate and ascertain the fulfilment of any ongoing Services or pending dues related to subscription fees or any other fees by the User. Press3 may require the User to continue his/her/its subscription until the completion or termination of an on-going Services or subscription period, should the situation warrant and at Press3’s discretion. The User shall be obligated to clear any dues with Press3 for any of its Services For which the User has procured. Press3 shall not be liable to you or any third party for any termination of your access to the Site and/or the Services.

10.3 Press3 reserves the right to terminate any account in cases:
(a) A User breaches any terms and conditions of this terms of use or privacy policy;
(b) Press3 is unable to verify or authenticate any information provided to Press3 by a User; or
(c) Press3 believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Press3 or are contrary to the interests of the Service.

10.4 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Subscription Services under the same account, a different account or re-register under a new account, unless explicitly permitted by Press3. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other content kept on the Subscription Services by such User. The User shall ensure that he/she/it maintains has continuous backup of any User-provided content, data or information on the Service, in order to comply with his/her/its record keeping process and practices. Nothing contained in these Terms of Use shall restrict Press3’s use of the data or right to publish information made available by a User in the public domain through the Subscription Services or any other platform managed by Press3 after the termination or expiry of a subscription or cessation of operation of these Terms in relation to a specific User.

10.5 Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to non-payment, Press3 will make available to the User for download a copy of such User’s data in comma separated value (.csv) format or any other format as determined by Press3. After such 30 (thirty) days period, Press3 shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription - Users data will not be available after termination of subscription in such cases.

10.6 Press3 reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Services and immediate termination of the User’s account with or without ability to access the Softwares, upon any breach by the User of this Agreement or if Press3 is unable to verify or authenticate any information the User submits to Press3, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Press3 to provide the Services to the User.

10.7 This Agreement and any contractual obligation between Press3 and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts at Hyderabad in India.

10.8 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

10.9 Any amendment in these Terms shall replace all previous versions of the same.

11. Theft of Subscription Services

11.1 You agree to notify Press3 immediately, in writing or by mail to hello@press3.io or by calling Press3 customer care on 040-23120000, if your content is stolen or if you become aware at any time that your account with any Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Services and additional charges to you. You will be liable for all use of the Services if your account is misused and also for any and all stolen Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Press3 shall not be liable to extend the subscription period or waive-off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. Press3 will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Services.

12. Misuse of the Services

Press3 may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that Press3, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Press3 has adopted a policy of terminating accounts of users who, in Press3’s sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by Press3.

13. Severability & Waiver

13.1 If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

14. Contact Information

14.1 If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at hello@press3.io

14.2 If a User has any questions concerning Press3, the Service, this Agreement, or anything related to any of the foregoing, Press3 can be reached at the following email address - hello@press3.io or via the contact information available from the following the link: Press3

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