Agreeing Terms and conditions

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.This User Agreement describes the terms and conditions applicable between Jakas Informatics and every person (hereafter called 'Registered User' or User) who avails the 'Jakasoffers' service under the domain and sub-domains at http://www.Jakasoffers.com. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not agree to be bound by these terms and conditions you must immediately stop using the http://www.Jakasoffers.com website.

We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

Services we offer

The Website may provide Advertisement information such as sale, offers, discount, gifts, floated by various Shops/showrooms and brands and/or other message or communication facilities ("the Services") designed to enable you to inquire/communicate with others (shops keepers, etc..). Unless stated otherwise the Services are for your personal and non-commercial use only.

The services offered under Jakasoffers.com is powered by Jakas Informatics. Jakasoffers is just a DOT COM which promotes Jakas Informatics wireless products and services. It is important to realize that we offer free SMS service to registered Users so that they communicate information to their known persons. (Communication should be between two known persons). The Site acts as a venue which allows registered Users to communicate information anything, which is legal, at any time, from anywhere, within India. Jakas Informatics has no obligation to observe and monitor the service. However, we reserve the right to review materials posted and to remove any material/s. Jakas Informatics reserves the right to block all messages from the list whose content is legally categorized as explicit, obscene, adult and pornographic in nature. Jakas Informatics also reserves the right to terminate your access to any or all of the services, at any time, without notice, for any reason whatsoever. It is difficult to monitor all the messages by reviewing or taping the messages provided by Users, through our Site. As a result, we have no control over the truth or accuracy of the messages. We may not ensure you that all messages sent by registered Users may reach the destination mobile. We are not responsible for undelivered messages. You may not use the Jakasoffers products and/or services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales.

PLEASE NOTE: YOU MUST BE AN INDIAN RESIDENT WITH AN ACTIVE MOBILE PHONE CONNECTION IN ORDER TO PARTICIPATE ON OUR WEB SITE. The Products and/or Services offered on Jakasoffers website consist of, but not limited to, sending free SMS of up to 90 characters. The Products and/or Services consist of an internet browser interface, WAP interface, J2ME application, data encryption, data transmission, data access, data storage and, if applicable, synchronization software and/or application programming interface access.

The Users shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Products and/or Services, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Products and/or Services.

To access and use some Jakasoffers Products and/or Services, Users need to have a Jakasoffers Account ("account"). For this account, the User needs to complete a simple one-time registration process by providing all current, complete and accurate information as prompted by the Registration Form. We use many techniques to verify the accuracy of the User’s information provided to us when they register on the Site. However, because User verification on the Internet is difficult, Jakas Informatics cannot and does not confirm the purported identity of Users or the validity of the information which Users post to the Site. So we are assuming that the information provided by the registered Users is accurate and valid. Later by any other means, if we find the registered User’s information is not valid or inaccurate, we will have every right to take legal action against that registered User.

The User has to choose his/her unique "Username" (not less than three characters). Jakasoffers shall send out a "password" to the mobile number of the User as entered during the registration process. The User can then access the Jakasoffers website using the combination of his/her “Username” and “password”.

Account Tied to Mobile Number - The account you are opening by accepting this Agreement is tied to the mobile phone number you enter during the registration process. You explicitly agree to update Jakasoffers whenever there is a change in the status of your mobile number.

On the first login, the User is prompted to change his password. The Users shall be entirely responsible for maintaining the confidentiality regarding their password and account information. The User shall understand their account with Jakasoffers website is as confidential as their own mobile phone. In addition, the Users shall be entirely responsible for any and all activities that occur under their accounts. Jakasoffers shall not be held liable to any third party claims and/or actions taken with respect to the Products and/or Services being offered. The Users agree to notify Jakasoffers immediately regarding any unauthorized use of their accounts or of any other breach of security.

If Jakasoffers finds no activity in any User's account for more than 30 days, Jakasoffers in its sole discretion might terminate/suspend such User’s account, without any prior notification.

Registered Users are entirely responsible for all Content that they send, or otherwise make available through the Site. For all Content provided by registered Users, they automatically agree to indemnify Provider as provided below.

By sending or otherwise posting any Content on the Site, you represent and warrant:

(ii) Your own content like jokes, puzzles, sayings, etc. have all necessary rights, but not limited to copyrights to the content you provide and we have every right to use it as provided in this Terms of Service;

(iii) All information you provide is true, accurate, current and complete, and does not violate these Terms of Service;

(iv) The content will not cause injury to any person or entity.

(v) Not to Use the Service in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);

(vi) Not to engage in any other activity that Jakasoffers believes could subject it to criminal liability or civil penalty or judgment.

Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service.

You agree not to send, transmit, distribute messages in these or any other forms through our Jakasoffers site such as:

1. Libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;

2. An infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;

3. Illegal in any way or which advocate illegal activity;

4. Any advertisement regarding various marketing and sales activities of goods, or services.

Charges - The Jakasoffers products and/or services include features without charges from Jakasoffers. But, your mobile phone operator may charge you for usage. The User is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of Jakasoffers services. Please consult your mobile phone operator's pricing plan to determine the charges for sending and receiving SMS text messages, WAP push, GPRS connectivity etc.

Jakasoffers.com shall make no guarantees for the uninterrupted and continuous availability of the Products and/or Services or of any specific feature(s) of the Products and/or Services.

The customer agrees that, by definition, access to the Internet, the GSM and CDMA networks and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission, etc. - The customer agrees to bear full and exclusive responsibility arising from such risks and consequences of the customer's usage of Jakasoffers.com services.

Payments

Payment for sending sms is only made to the first 300 submissions per month to the registered sms account user. If SMS submissions from any account exceed 300 in a month, no amount will be paid for the exceeded SMS submissions. You will only get paid for the first 300 sms submissions every month. Your submissions for the next consecutive month will be entitled for payment. Payments through cheques and e-transfers to the accounts which earned more than RS.300 will start from 10 August 2008. Here in after payments through cheques and e-transfers to the accounts earned over RS. 300 will be done after on the 11th day of every month. The last day to ask for a payment in a month is 9th day of that particular month. Requests for payments after the 9th day of every month will be paid in the consecutive month. Electronic transfers are subjected to the availability. Recharge to the mobile phones will be done within 12-92 hrs. Jakas Informatics will always try to give you the best service but the recharge to the mobile phones will depend on the availability of the recharge products from the mobile service providers. If the recharge products are not available Jakas Informatics cannot be held responsible for the delay. Jakas Informatics has the right to change the Mode of Payment any time without any prior notice. Jakas Informatics has the right to change the offers offered by www.Jakasoffers.com. It can alter the offer periods without any notice to the users. By using the website after the changes you'll be agreeing for the changes made by Jakas Informatics. If you disagree with any of the above mentioned changes we highly recommend you not to use the website.

Eligibility

We are concerned about the safety and privacy of our Users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, feedback forms, general advertisements, undergarment advertisements, photographs and/or other adult usage products/ facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Jakasoffers members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services.

Membership is allotted to individuals only. Other than individuals, Business entities, clubs, associations, NGO, organizations and governing bodies, are not entitled to use our service.

USER OBLIGATIONS AND DUTIES

You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Jakasoffers.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

Warranties and Limitatons

We verify the accuracy of each and every offers, discount, sale or deal before posting. But the deal can change at merchant's site at any time. We have no control on merchant's pricing or offers. Please verify the offer at merchant's site before participating in any offer. If you find any mismatch, please inform us . Please note that Jakasoffers.com does not sell anything. We just provide free information for the best available online deals to help you make a better decision. All prices and product availability are subject to change at vendor's discretion.

Jakasoffers.com does not extend guarantee of delivery on behalf of the Mobile Telephone Networks or Servers, as delivery (or failure to deliver) to the intended receiver/handset/device is outside of the control of Jakasoffers.com. So, Jakasoffers.com is not responsible for any unsent messages. It is not responsible for any kind of the damage occurred due to the undelivered messages.

Although Jakasoffers makes all efforts to ensure delivery and prides itself on speedy delivery of messages, messages may be delivered late as a result of queuing or network congestion/traffic.

Jakasoffers.com assumes no responsibility for the deletion or failure to store information. Currently, Jakasoffers.com has set an upper limit on the number of messages a User may send; however, in the future, with/without prior notification, Jakasoffers may increase or reduce the number of SMS messages able to be sent by a User and the amount of storage space available to each User.

Jakasoffers reserves the right to block the transmission and receipt of an SMS message if an advertising sponsor does not exist in the destination region or an intended recipient has requested that all Jakasoffers messages be blocked from delivery to their mobile phone (Private Do Not SMS Registry).

Jakasoffers reserves the right to block accounts/ messages from being sent across its network that are the subject of end receiver’s complaint or messages that Jakasoffers considers to be unlawful, harassing, libellous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable.

To the extent permitted by law, Jakasoffers.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, and profits arising out of or in connection with the use of the Website/Services.

Jakasoffers.com makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be constructed so as to exclude or limit the liability of Jakasoffers.com for death or personal injury as a result of the negligence of Jakasoffers.com.

Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

Jakas informatics (including its owners, employees, suppliers, internet service provide RS partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incured by whomever and resulting from use of the service and the internet generally, access to the Jakasoffers website, access to websites linked to the Jakasoffers website, inability to access the Jakasoffers website; inability to access websites linked to the Jakasoffers website, content available on the Jakasoffers website, services available from the Jakasoffers website, products available from the Jakasoffers website, downloads and use of content from the Jakasoffers website, and/or any other reason not directly related to Jakasoffers's gross negligence and the User expressly acknowledges and agrees that is at its own risk and that jakas informatics is provided "as is" and "as available" without any warranties or conditions whatsoever, expressed or implied. Jakas informatics will use commercially reasonable efforts to make access to Jakasoffers available to the User through the required access protocols, but makes no warranty or guarantee that the User will be able to access Jakasoffers at any particular time or any particular location.

Termiantion or cancellation

We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

The User has the right and is free to terminate or cancel this Agreement and his/her Jakasoffers account at any time and for any reason. The User only has to intimate Jakasoffers by sending an email of this intention.

In the event that Jakasoffers has cause to receive complaints from recipients or third parties with respect to the use of the Products and/or Services, Jakasoffers additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other related party with regard to its Users.

Upon the termination, cancellation and/or suspension of this Agreement, the Users remains responsible for any obligations that have been occured including, but not limited to, payment of any costs or charges, including legal obligation that may be arising in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs.

LINKS TO THIRD PARTY WEBSITES

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Jakasoffers.com is not responsible for the content or availability of any such sites.

INTELLECTUAL PROPERTY RIGHTS

The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

Jakasoffers.com does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.

INDEMNITY

You agree to indemnify and hold [Jakasoffers.com] harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Jakasoffers.com by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Jakasoffers.com in consequence of your breach of these Terms and Conditions.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of [India] and you hereby submit to the exclusive jurisdiction of the [Hyderabad] courts.

Information Sharing and Disclosure

We provide the information to trusted partners who work on behalf of or with Jakasoffers under confidentiality agreements. These companies may use your personal information to help Jakasoffers communicate with you about offers from Jakasoffers and our marketing partners. However, these companies do not have any independent right to share this information.

We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person violations of Jakasoffers terms of use, or as otherwise required by law.

We transfer information about you if Jakasoffers is acquired by or merged with another company. In this event, Jakasoffers will notify you before information about you is transferred and becomes subject to a different privacy policy.

Jakasoffers displays targeted advertisements based on personal information.

Jakasoffers inserts targeted ads in every message (SMS) you send to your contacts. Also you may even receive targeted SMS ads according to your profile.

You may receive SMS Advertisements or offers from our Trusted Partners

Third Party Advertising
We may use third-party advertising companies and/or ad agencies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. Jakasoffers.com may amend this policy from time to time, at our discretion. If we make any substantial changes in the way we use your personal information we will notify you by posting the changes in the Privacy Policy pages.