Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE
CAREFULLY BEFORE USING ANY GOFRUGAL SERVICE. THE USE OF ANY GOFRUGAL
SERVICE
WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
Purpose of Agreement
The RayMedi Services are made available to you by
GoFrugal subject to the following Terms of Service. GoFrugal may also
offer other services that are governed by a different Terms of Service.
Description of Service
GoFrugal provides users with access to an array
of services (the "Service" and
"Services"). You may connect to the service using any Internet browser.
You are responsible for obtaining access to the Internet and the
equipments necessary to use the Services. You may create, edit, publish
and share the contents of your Accounts. You are responsible for the
contents of your Account and Account information and GoFrugal shall
not be responsible for deletion, failure to store or unauthorized
access to the contents of your Account. The contents of the Accounts
are created by persons over whom GoFrugal does not exercise any
control and GoFrugal does not assume responsibility for the same
Subscription to Beta Service
GoFrugal may offer certain services as closed or
open beta services (the "Beta Service") for the purpose of testing and
evaluation. GoFrugal shall have the sole authority and discretion to
determine the period of time for testing and evaluation of the Beta
Service. GoFrugal shall be the sole judge of the success of such
testing and the decision, if any, to offer any of the Beta Service as a
commercial service. You will be under no obligation to acquire a
subscription to use any commercial service as a result of your
subscription to the Beta Service. GoFrugal reserves the right to
modify or discontinue, at any time and from time to time, temporarily
or permanently, the Beta Service (or any part thereof) with or without
notice. You agree that GoFrugal shall not be liable to you or to any
third party for any harm related to, arising out of, or caused by the
modification, suspension or discontinuance of the Beta Service for any
reason.
Modification of Terms of Service
GoFrugal may modify these Terms of Service upon
notice to you at any time. These modifications may include, without
limitation, payment for the Services. You will be provided notice of
any such modification by electronic mail or by publishing the changes
on the website http://raymedi.com/terms.html.
In
the event GoFrugal modifies these Terms of Service, you may terminate
your use of any or all of the Services. Your continued use of the
Service after notice of any change to the Terms of Service will be
deemed to be your agreement to the amended Terms of Service.
Member Registration Obligations
In consideration of your use of the Services, you
agree to: a) provide true, accurate, current and complete information
about yourself as prompted by the Registration Process; and b) maintain
and promptly update your Registration data to keep it true, accurate,
current, and complete. If you provide any information that is untrue,
inaccurate, outdated, or incomplete, or if GoFrugal has reasonable
grounds to suspect that such information is untrue, inaccurate,
outdated, or incomplete, GoFrugal has the right to terminate your
Membership and refuse current or future use of any or all of the
Services.
Personal Information and Privacy
Personal information you provide to GoFrugal
through the Service is governed by RayMedi Privacy Policy and applicable laws related to personal information. Your
election to use the Service indicates your acceptance of the terms of
the RayMedi Privacy Policy. You are
responsible for maintaining the confidentiality of your Account
information and other sensitive information. You are responsible for
all activities that occur in your Account and you agree to notify
GoFrugal immediately of any unauthorized Account use at support@gofrugal.com.
GoFrugal is in
no way responsible for any loss or damage to you or to any third party
incurred as a result of any unauthorized access and/or use of your
Member Account, or otherwise
Communications from GoFrugal
The Service may include certain communications
from GoFrugal, such as service announcements, administrative messages
and newsletters. You understand that these communications shall be
considered part of using the Services. As part of our policy to provide
you total privacy, we also provide you the option of opting out from
receiving mails from us. However, this may prevent us from providing
effective service to you.
Fees and Payments
GoFrugal reserves the right at any time to charge
or modify fees for access to portions or whole of any or all of the
Services. However, such fees shall not be charged unless your prior
agreement to pay such charges is obtained. Thus, if at any time
GoFrugal requires a fee for any of the Services, you will be given
reasonable advance notice of such fees and the opportunity to cancel
your membership before such charges are imposed. If you elect not to
pay any fees charged by GoFrugal, GoFrugal shall have the right to
cease providing the Service to you.
Restriction of use
In addition to all other terms and conditions of
this Agreement, you shall not: (i) transfer or otherwise make available
to any third party the services; (ii) provide any service based on the
services; (iii) use the third party links to sites without agreeing to
their website terms & conditions; (iv) post any third party link
sites including their logo, company name, etc. without their prior
written permission; or (v) use the services for spamming and illegal
purposes.
Spamming and illegal activities
You agree to be solely responsible for the
contents of your transmissions through the Services. You agree not to
use the services for illegal purposes or for the transmission of
material that is unlawful, harassing, libelous, invasive of another's
privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise
objectionable, contains viruses, or that infringes or may infringe the
intellectual property or other rights of another. You agree not to use
the service for the transmission of "junk mail", "spam", "chain
letters", or unsolicited mass distribution of email. GoFrugal reserves
the right to terminate the services if GoFrugal believes that you have
used the services for any illegal or unauthorized activities.
User Generated Content
You may transmit or publish content created by you
using any of the RayMedi services or otherwise. However, you shall be
solely responsible for such content and the consequences of its
transmission or publication. Any content that you may receive from
other users of RayMedi services, is provided to you AS IS for your
information and personal use only and you agree not to use, copy,
reproduce, distribute, transmit, broadcast, display, sell, license or
otherwise exploit such content for any purpose, without the express
written consent of the person who owns the rights to such content. In
the course of using any RayMedi Service, if you come across any content
with copyright notice(s) or any copy protection feature(s), you agree
not to remove such copyright notice(s) or disable such copy protection
feature(s) as the case may be. By making any copyrighted/copyrightable
content available on any of the RayMedi Services you affirm that you
have
the consent, authorization or permission, as the case may be from every
person who may claim any rights in such content to make such content
available in the such manner. Further, by making any content available
in the manner aforementioned, you expressly agree that GoFrugal shall
have the right to block access to or remove such content made available
by you, if GoFrugal receives complaints concerning any illegality or
infringement of third party rights in such content. By using RayMedi
services and transmitting or publishing any content using such service,
you expressly consent to determination of questions of illegality or
infringement of third party rights in such content by the agent
designated by GoFrugal for this purpose.
Trademark
GoFrugal, GoFrugal logo, RayMedi, RayMedi logo,
the
names of different RayMedi Services and their logos are trademarks of
GoFrugal Technologies Pvt. Ltd . You agree not to display or use, in
any manner, the
GoFrugal trademarks, without GoFrugal' s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF
THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN
AS-IS-AND-AS-AVAILABLE BASIS. ADVENTNET EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADVENTNET MAKES NO WARRANTY
THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE.
USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE
SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE
TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE
SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ADVENTNET,
ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL ADVENTNET BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE
WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING
OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN
IF ADVENTNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ADVENTNET RELATED TO THE
SERVICE SHALL BE CANCELLATION OF THE SERVICE. The exclusion or
limitation of liability for consequential or incidental damages may not
apply to you if your state does not permit such exclusion or limitation
of liability.
Identification
You agree to indemnify and hold harmless
GoFrugal, its officers, directors, employees, suppliers, and
affiliates, from and against any losses, damages, fines and expenses
(including attorney's fees and costs) arising out of or relating to any
claims that you have used the Services in violation of another party's
rights, in violation of any law, in violations of any provisions of
these Terms of Service, or any other claim related to your use of the
Services.
Termination
You agree that GoFrugal may terminate your Member
Account and access to the Services for reasons including, but not be
limited to, breaches or violations of these Terms of Service or the
RayMedi Privacy Policy, a request by you to terminate your Account,
discontinuance or material modification to the Services, unexpected
technical issues or problems, extended periods of inactivity and
requests by law enforcement or other government agencies. Termination
of your GoFrugal Account includes elimination of access to the
Service, deletion of your Account information such as your e-mail ID
and Password and deletion of data in your Member Account as permitted
or required by law.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding
this agreement, please contact us at info@gofrugal.com
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