This Terms and Condition for Use of MobiSecure application and related services (collectively the ”Services') is a legal agreement ('Agreement') between you, the user (“User”, “You”)
MobiSecure, a service offered by Big Rattle Technologies.
MobiSecure has the discretion to update this Terms at any time. We encourage Users to frequently check this page for any changes to stay informed about the Terms. You acknowledge and agree that it is your responsibility to review the Terms periodically and become aware of modifications. You shall be bound by the same on your participation in such services or programs. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service.
The User's Personal Data may be used for legal purposes by MobiSecure, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that MobiSecure may be required to reveal personal data upon request of public authorities.
System Logs and Maintenance
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data.
The Rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult MobiSecure to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to MobiSecure at the contact information set out in the end.
This Application does not support “Do Not Track” requests.
Cancellation and Termination
You are solely responsible for properly cancelling your account. You may cancel your account at any time by sending an email to mobile(at)bigrattle.com with your intent of cancellation. There is no cancellation Fees required.
All of your Content will be deleted from the Service upon cancellation. We shall have no obligation to maintain or provide any of your Data and shall thereafter, unless legally prohibited, delete all of your data in Our systems or otherwise in Our possession or under Our control.
There will be no refund if you cancel at any time after activating it.
MobiSecure may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.
MobiSecure does not accept any liability of loss of Content by downgrading your Service.
Warranties and Liability
MobiSecure does not warrant that the Service will meet your requirements or expectations and cannot assure you of accessibility or availability of the Services at all times but would strive for an uptime of 99.99%.
MobiSecure shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for planned downtime for which We shall give at notice as deemed appropriate or any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays.
Our Services may be subject to limitations, such as, for example, limits on disk storage space, on the number of calls/SMS you are permitted to make against our application programming interface, and, other limitations dependent on the User Plan, for example, number of SMS, number of users or accounts. Any such limitations are specified in the User Plans.
You expressly understand and agree that MobiSecure shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MobiSecure has been advised of the possibility of such damages), resulting from your usage of the Service.
Limitation of Liability
IN NO EVENT SHALL MobiSecure BE LIABLE TO YOU, ANY OTHER USER OF THESE Services OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, NOTHING IN THESE TERMS OF SERVICE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR BREACH OF DUTY.
THE ABOVEMENTIONED LIMITATIONS ON MobiSecure’S LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT MobiSecure IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY ON YOU.
By using our Services, You agree to indemnify, hold harmless and defend MobiSecure, its subsidiaries, any holding companies of MobiSecure and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of our Services.
While MobiSecure makes every feasible effort to provide details of the new owner who has accessed your phone, MobiSecure shall not be responsible or liable for any failure in you locating your handset or recovering the same.
You understand that MobiSecure is an service to help trace a lost or stolen phone but it in no way guarantees the recovery of the same. MobiSecure, in now way, will be liable to trace, locate and recover your lost or stolen handset. You are solely responsible for ensuring your handset is not stolen or lost.
Your use of the Service is at your sole risk. You acknowledge, understand and agree that MobiSecure provides the Service to you “As Is” and “As Available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement.
You understand that MobiSecure uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated, linked to, or partnered with the Service or MobiSecure.
Verbal, physical, written or other abuse of any MobiSecure customer, employee, member, or officer will result in immediate account termination and legal action.
You must not upload, post, or transmit unsolicited email or “spam” messages or otherwise any material that is illegal, pornographic, abusive or obscene.
You agree to defend, indemnify, and hold harmless MobiSecure its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.
You agree to receive administrative and legal notices about the Service electronically via email or snail mail.
MobiSecure may at its sole discretion send you a hard copy of this agreement to get an official, authorised signature.
These Terms of Service and any End User License Agreement that may apply shall be governed, construed, interpreted and given effect to according to the laws of India and the parties shall submit to the exclusive jurisdiction of the Courts in Mumbai.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Neither these Terms of Service nor the licenses granted herein are transferable by You without the prior written consent of MobiSecure, which may be granted or withheld in MobiSecure’s sole discretion.
These Terms of Service shall inure to the benefit of the parties and their successors and permitted assigns.
No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to acceptance by You of these Terms of Service, except as expressly stated in these Terms of Service.
Without prejudice to any provision contained herein, MobiSecure shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver the Services due to any cause beyond MobiSecure’s control, including and without limitation, acts committed by You, embargo or other governmental act, regulation or request affecting the conduct of MobiSecure’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of god.
This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of MobiSecure services. Use of MobiSecure application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold MobiSecure, its subsidiaries, affiliates, officers, directors, employees and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on MobiSecure services.