The present deed is an agreement between the ‘USER’ user of services provided by the FmRadio365 as mentioned in the policy page and ‘FmRadio365’. This deed will be known as ‘Agreement’ hereinafter.
Using the FmRadio365 services and by submitting the information on the information page of FmRadio365 as also stated in the policy, the user hereby acknowledge that he/she has read, understood and agree to be bound by this Agreement. This Agreement is a legal agreement between the user and FmRadio365 and all the terms stated hereunder apply to the user, whether the user is a registered user, a visitor visiting the site of FmRadio365. If the user does not agree with this Agreement, the user is adviced not to accept this agreement and not to use the FmRadio365 Service in any manner.
FmRadio365 has provided the policy for the user of its application at website . Please read it carefully before using the FmRadio365 services. With the use of FmRadio365 services, the user agree to the terms and conditions of said Policy and affirm that he/she has understood the same and accepted the same as correct.
Since this agreement is written in simple English language, so, the FmRadio365 has no liability to translate into the any particular/specific language of user and while accepting the terms of this agreement, it will be believed that the user has accepted the terms of this agreement after going through it in his/her own language/vernacular.
The FmRadio365 at its sole discretion may change the terms of this agreement at any time and after making change in any clause of the agreement or the entire agreement, the changed clause/s will be posted on the site and application. The use of FmRadio365 services will deemed to be acceptance of said terms by the user without any objection. No separate consent is required for that purpose. The user will not raise any dispute regarding the change of any term of this agreement, however, the user can request the FmRadio365 to re-consider the view of change of any term or can stop using the services of FmRadio365. The FmRadio365 encourage its users to check the policies of FmRadio365 on the Applications or Site regularly and frequently.
By using the services of FmRadio365, the user has granted permission to the FmRadio365 to communicate the user via e-mail, contact number, contact sources or app push notification, other communication network whose information has been provided/shared by user or any other process as per the convenience of FmRadio365 about the use of FmRadio365 services.
FmRadio365 has been authorized by the user to answer to his/her any query/question, Any update about the service, Any promotional information about the FmRadio365, RG or RPP services etc., Information regarding promotion of features, app, account, or transactions or Third Party information on FmRadio365 through any communication mode as mentioned in clause 3.
The services of the FmRadio365 are free to the users, so, every user will use the same without claiming it as a matter of right and cannot claim any benefit, if occurs to the FmRadio365 from the use of FmRadio365 services by the user.
User understands and agrees that this Agreement is entered into without any consideration. Whenever, the FmRadio365 decides to charge from its users anything for all or any services being provided by it, the same will be informed by the FmRadio365 to the users on its site and application with 15 days prior notice.
FmRadio365 may change, add or remove features and functionality of its services without notice of the user. FmRadio365 reserves the right to discontinue its some or all of the features either temporarily or permanently. The user is hereby agreed that that FmRadio365 shall not be liable to the user or to third party for any change, discontinuance of its services either temporarily or permanently. In case of non-satisfaction of user, he/she may at his/her sole discretion to discontinue or terminate the use of the FmRadio365 service as described herein.
To use the FmRadio365 services, the user is strictly bound to provide the information as required by the FmRadio365 and it is made clear upon the user that every information provided by him/her will be deemed as correct information. The user is responsible for providing false information to the FmRadio365 and FmRadio365 then can take any action against such user. In case of false or incomplete information provided by the user, the FmRadio365 apart from taking action can also blocked the services of said user and the user will be responsible for the losses and expenses, if occurred to the FmRadio365 due to providing false information to it.
The user is responsible for maintaining the confidentiality of its name, password and other information and for all activities that occur under his/her user name or account, In case of false information, the user agree to be notified immediately on account of illegal and unauthorized access of use of FmRadio365 services and for false information.
The user cannot delete the information provided by him/her to the FmRadio365 while agreeing the terms of this agreement nor will he/she ask to the FmRadio365 to do so, however, the FmRadio365 at its sole discretion can delete the same at any time without the consent or knowledge of user.
Without providing the sought information, the user cannot avail FmRadio365 services.
The user agrees that the FmRadio365 may communicate with him/her electronically regarding security, privacy, and administrative issues in respect of use of FmRadio365. If FmRadio365 ever finds any breach on the part of user, the FmRadio365 reserves its right to notify the user electronically by posting a notice on the Site and/or Applications and sending an email notice to the user on the email address provided by the user.
FmRadio365 takes certain precautions to protect their users’ information. While submitting information by the user, the same is protected both online and off-line. However, there is unfortunately no way yet for the industry to guarantee that such information is entirely secure. Users are responsible for securing the confidentiality of their password and account, and are fully responsible for all activities that occur under their password or account. It is strongly recommended that users take extra precautions when receiving files from unfamiliar third parties (i.e., via email), as they may be harmful
The FmRadio365 has also provided a service to the user to add another Broadcaster on the list of FmRadio365, which is not in its list. But, after adding Broadcaster subject to its approval by FmRadio365 and no objection of Broadcaster, the user cannot claim any benefit from the FmRadio365 on the pretext that it was his act to give FmRadio365 a new Broadcaster. Further, the FmRadio365 does not give licence to its users to add or to make an attempt to add anything false, abusive etc, which is illegal or not transpired as per the provisions of law of the state as defined in the policy on the application, website or software of FmRadio365. Adding any abusive, false, unauthorized etc. electronic material in the application, software will amount to alteration of Electronic Record and in that eventuality, the FmRadio365 has right to prosecute/sue the user. Opportunity of being heard may be provided to the user before prosecuting/suing him/her at the sole discretion of FmRadio365.
The user has agreed that he/she will comply with all the codes of conduct, policies or other notices provided by the FmRadio365. The user is also agreed that he/she will comply with all the laws, rules and regulations in connection with use of FmRadio365 services and will not never violates such laws, rules or regulations.
User is agreed that FmRadio365 will not be responsible or liable for any injury, loss or damage incurred due to use of FmRadio365 services by the use or access to any third party content on or through the FmRadio365 services.
User is hereby agreed that the Broadcasting material is protected by the copyright law of its State alongwith other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly. The user will use the services provided by the FmRadio365 only for his personal use.
FmRadio365 does not control the decision of a Broadcaster to institute such copyright protection mechanisms/actions.
FmRadio365 has given the spaces/access to the advertisement agency on its apps, applications, software etc. and at all the platforms, from where the user can listen the radio channels or which can be seen on the apps etc. while installation of the same or playing the radio channels. At such spaces, said advertisement agency may directly post or it can further authorize someone to post any advertisement as it deem fit good for it. Said agency has assured the FmRadio365 that it will work as per the law of state. Posting, deleting, hiding the advertisements or promotions of any product or company on the applications, websites and its allied tools or services are not in the control of FmRadio365. Neither FmRadio365 will be held responsible for the posting of any advertisement on its apps etc. nor it can be held liable towards the user for posting the same nor will the user take any action or step before any public, private, judicial, Govt. or Semi-Govt. or NGO regarding the posting of any advertisement as stated here.
Downloading of software of FmRadio365 is subject to the acceptance of terms and conditions of FmRadio365 policies and this agreement. But, merely downloading of software is not licence by the FmRadio365 to its users that said software/ application will work as per the mental satisfaction of user. The FmRadio365 will not be at fault due to non-downloading of the software and the FmRadio365 will not be responsible for the networking errors.
The user will not make any effort to alter the software or application or any other process of FmRadio365 in any manner nor will he try to injure the FmRadio365 or its software etc. by virus or by any other manner, with which the software etc of the FmRadio365 may suffer problem or error of any type.
The user will never claim any royalty or benefit of any type from the FmRadio365 due to use of FmRadio365 services or increase of its users or the income, if any earned by the FmRadio365 from its service in any manner.
The parties to this agreement may terminate this agreement at any time. Said Termination does not include the violation of terms by the user, but only means the un-installation of the application of software of FmRadio365 by quitting the services of FmRadio365.
The right to avail the services of FmRadio365 is non-transferrable. The user shall not or shall not allow other person through his/her mobile to copy, modify, translate, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software of the FmRadio365. Transferring the services of FmRadio365 by any user in any manner shall be deemed to an offence. FmRadio365 retains all right, title, and ownership of the Software, FmRadio365 services, copyrights and trademarks. Any use of the FmRadio365 services other than as specifically authorized herein is strictly prohibited. Any right not expressly granted herein is reserved by FmRadio365.
The FmRadio365 does not provide any warranty or guarantee on its any service or on all the services like uninterrupted, timely, secure, virus-free or error-free; nor does FmRadio365 make any warranty as to the accuracy or reliability of any information obtained through it.
The FmRadio365 will not be the party nor can it be make/implead party to any dispute or any relations whatsoever between users of the FmRadio365 services against each other or between the user/s of FmRadio365 services and user of any other company or service provider of same or similar software application.
The user and FmRadio365 have agreed that in case of any dispute, they or each of its subsidiaries, affiliates, predecessors in interest, successors etc. will only prefer the way of arbitration to resolve the dispute by referring the dispute to the sole arbitration appointed by the FmRadio365 in view of the provisions of Indian law i.e. Arbitration and Conciliation Act 1996.
The fee for arbitration will be paid by the party raises disputes and it will be decided at the time of appointment, which will be fair in all manners and the arbitration will be final.
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