Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 & Rules there under as applicable & the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system & does not require any physical or digital signatures.
In this terms & conditions of use (“Terms & Conditions”),”User”refers to you, the person visiting, accessing &/or using our Website & “Topsline “refers to Topsline Emergency Response Services Pvt. Ltd. with registered office address at 5, Royal palms, Aarey Milk Colony, Goregoan (East), Mumbai – 400065, India, which is the owner of all rights in this Website. All references to “You” & “Yours” shall mean the User. All references to the “Company”, “We”, “Us” & “Our” shall mean Topsline Emergency Response Services.
By accessing &/or using the Website, You will be deemed to be the User of the Website having accepted all of the binding Terms & Conditions herein. If You do not agree with any or all of the following Terms & Conditions, please do not access &/or use the Website.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms & Conditions at any time without prior notice. Such changes &/or modifications shall become effective immediately upon being posted herein.
Please review the Terms & Conditions from time-to-time. Your continued use of the Website following the posting of changes &/or modifications will constitute Your acceptance of any revised Terms & Conditions.
Access To The Website
Ownership Of Intellectual Property Rights
- For the purpose of this Clause 2, the following terms shall have the meaning as ascribed to them below: “Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets & design rights & similar proprietary rights of Topsline Emergency Response Services or its associated companies worldwide whether registered or unregistered & all renewals & extensions.
- All rights, title & interest in the Intellectual Property Rights in the Website including without limitation all its constituents including without limitation concepts, ideas, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, artistic elements, software, program, source code, object code, comments on the source code & object code, schematics, database, tools, icons, layout, name, title, names of segments/levels, descriptions, files, improvements, corrections, fixes, design, backend systems, end-user documentation, documentation relating to development, function, operation & use, build instructions, design manuals, codes, user manuals, background-story, graphics, animation, funny content, user interface instructions, project documentation, demos, screen text, images, photographs, artist profiles, illustrations, graphics, jokes, content, audio, videos, audio-clips, video-clips, narratives, listings, & all other elements & materials (“Materials”)are the property of Topsline Emergency Response Services &/or its associated companies, &/or its licensors &/or other respective owners & are protected, without limitation, pursuant to Intellectual Property Rights laws of India & other countries. Topsline Emergency Response Services retain full, complete & absolute title to the Material & all Intellectual Property Rights therein.
- In the event You download any files, data, images incorporated in or generated by Website, the same are non-exclusively licensed to You by Us only for Your non-commercial personal use & only for such period as We may be solely deem appropriate. You shall not use, redistribute, sell, decompile, reverse engineer, disassemble or otherwise exploit the same in any manner whatsoever.
- In the event the Topsline Emergency Response Services makes available for download any software from this Website, the software, including any files, images, videos etc. incorporated in or generated by the software, & data accompanying the software (collectively, the “Software”) are non-exclusively licensed to you by Topsline Emergency Response Services only for your non-commercial personal use. You shall not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
- We grant You a personal, non-exclusive, non-assignable, revocable, limited & non-transferable license to access & use the Website, for non-commercial use only. Nothing contained herein should be construed as granting, by implication, estoppels or otherwise, any license or right in & to the Website, any of the Materials &/or trademarks or service marks used in the Website.
- You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license,disassemble, decompile, reverse engineer, market, promote, circulate & exploit the Website(including any & all Materials thereto)(in whole or in part) in any manner, medium or mode now know or hereinafter developed.
- In the event the Website allows Users to post & exchange information, ideas, text, pictures, videos, audios, images, chats, contest entries, opinions. etc. (“Posts”/ “Submissions”), the Posts do not reflect the views of Topsline Emergency Response Services . In no event shall Topsline Emergency Response Services be held responsible for any Posts, nor does Topsline Emergency Response Services represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts, nor shall Topsline Emergency Response Services be liable for any loss or damages resulting from their use &/or appearance on the Website.
- By providing a Post to the Website, You undertake, represent & warrant to Topsline Emergency Response Services that the Post is original, does not infringe the rights of any third party including without limitation Intellectual Property Rights, is not defamatory & that you have all necessary rights in & to that Post & all information it contains & that no such Post shall infringe any rights, of third parties, including without limitation, Intellectual Property Rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any person, particular, entity, groups, caste, religion, race or community. If You make any Posts on the Website, You shall be deemed to have waived any rights, interest & ownership in the Post. You further agree to waive any moral rights & to assign any performance rights in any such Post in relation to its use by Topsline Emergency Response Services &/or its associated companies.
- By submitting a Post, You grant Topsline Emergency Response Services & its associated companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, & authorize others to use the Post in whole or in part, in any & all media, now known or hereinafter developed, alone, or together or as part of any other type of material of any kind or nature. You agree that in such circumstances, you are not entitled to any intimation or compensation from Topsline Emergency Response Services &/or its associated companies.
- Topsline Emergency Response Services will have the right but no obligation to monitor, remove, suspend, destroy, use & change any Post &/or content that is available on or via any chat area on our Website generally, if any, in any manner that Topsline Emergency Response Services may its sole discretion determine, at any time. Although Topsline Emergency Response Services may Endeavour to periodically monitor the content posted on the Website, Topsline Emergency Response Services will not be responsible for the views or opinions expressed by third-parties on the Website.
- You agree that You will not use any part of our Website &/or Post &/or Submission to:
- collect, store &/or identify private/personal information of any user or person;
- facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
- upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable &/or other information that Topsline Emergency Response Services in its sole discretion deems inappropriate;
- harm children in any way including without limitation any offences in relation to grooming children online under law;
- impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content;
- stalk or otherwise harass another person or user;
- upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post or e-mail any content that infringes privacy rights, intellectual property rights or other third-party rights of any person or party;
- upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, junk- mail, spam, chain-letters or any other form of solicitation;
- upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment &/or the Website;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the chat areas are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges;
- promote &/or generate revenue for Yourself &/or any third-party business activity; &/or
- Violate any applicable national or international laws, regulations, rules &/or guidelines.
Contests and Promotions
Any and all contests, promotions and campaigns hosted or conducted on the Website are subject to the contest/campaign terms and conditions (“Contest T&Cs”) as set out on the Website and you are requested to read the Contest T&Cs as well as Website T&Cs before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest T&Cs. Website T&Cs are deemed incorporated by reference into Contest T&Cs provided in respect of a particular activity.
Privacy & Information That We Collect From You
- Privacy & Information That We Collect From You
- By accessing, installing, keeping, downloading or using the Website, You consent to the collection, use and transfer of Your Information in accordance with the terms of this clause.
- We may also collect information about You, from any e-mails or letters that You send to Us. We will only use any such information in accordance with the terms of this clause.
- Any materials or information that You post, submit or upload to the Website or to Us may be visible to other users of the Website and will be stored on Our servers for the purposes of making the Website available. We advise You to be selective about what information You post. Please do not include any personally identifiable information that you do not wish to be made available to Us or to the public.
- We may collect information about the location of your computer or the device upon which you access the Website. We may also collect information about how the Website is used. Such information may include but shall not be limited to:
- login information (time of login and the number of logins);
- locations visited within the Website;
- character interactions within the Website;
- items purchased;
- items sold;
- levels completed;
- the number of times You share Website activity with friends;
- the number of Website invitations You send to friends; and
- such other Website related information.
- We may use this information for a number of purposes such as optimizing game play, application performance, security, and to help us provide more efficient customer support.
Use of Your Information
We may use Your Information for the following purposes:
- to administer Your account;
- to enable You to access and use the Website;
- to provide You with Services;
- to display Your username and contact details to other users of the Website;
- to provide customer service in relation to Your use of the Website;
- to administer, support, improve and develop the Website;
- to contact User about the Website or to send You other content We think may be of interest to You;
- to promote our content and/or promote third-party products and Services;
- to provide you with Services that We think may be of interest to You;
- for sharing with You, our partners and service providers.
Disclosure of Your Information
Other than as expressly set out herein or as otherwise required or permitted by law, we will not share, sell or distribute any of the information You provide to Us without Your consent.
We may disclose Your Information to:
- any third-party to whom disclosure is necessary to enable Us to provide User with the Services to which You have opted;
- any person/entity to whom disclosure is necessary to enable Us to enforce Our rights under this clause and/or under applicable law; or
- any entity that legally acquires Topsline Emergency Response Services or its Website.
- We may disclose generic non-personal information in the aggregate (that is not specific to and does not identify You) to third-parties including but not limited to, third-party advertisers and/or any third-party developer that develops or modifies the Website for Us on Our behalf.
- You are advised that You should always be careful when submitting information about yourself within the Website and should only submit information that You consent to make public.
Third-Party Sites and Contributors
Advertisements contained on our Websites operate as links to that advertiser’s sites and as such any information they collect by virtue of Your clicking on that link will be collected and used in accordance with the privacy terms of that advertiser. We are and shall in no way be held responsible for any aspect of these third-party sites, including any products and/or Services purchased or availed of by You from these third-party sites.
Data Access, Corrections Withdrawal of Consent
If you do not consent to any part of the privacy terms herein or wish to withdraw consent to process Your Information then you may stop using the Website and ask us to remove the Your Information from our records by writing to firstname.lastname@example.org. However if You so withdraw, We might be unable to provide certain Services as set out herein.
You may request to know or edit information about yourself stored with Us by writing to Us at email@example.com. We may charge a fee to meet our costs for the same though.
Disclaimer And Limitation Of Liability
By accessing and/or using the Website, You have read, understood and agree to be legally bound by the terms of this disclaimer.
- The Website and all Material therein contained are distributed and transmitted by Topsline Emergency Response Services and/or its and its associated companies on an “as is” and “as available” basis. Topsline Emergency Response Services and its associated companies, their respective directors, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers:
- disclaims any and all express or implied representations, warranties and/or conditions of any kind, including but not limited to warranties of completeness, accuracy, reliability, suitability, fitness, merchantability, availability, quality, fitness for any purpose, non-infringement, compatibility and/or security;
- is not responsible or liable for any infection or contamination of Your system arising out of or in connection with Your use of the Website or any connected Website and does not warrant that the Website, the server(s) that make the Website available or any connected Websites are free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components;
- is not responsible or liable for interruptions, delays, in accuracies, errors, or omissions arising out of Your use of the Website or any connected Website or with respect to the material, Posts or Submissions thereon; and
- Does not warrant that the Website, or any connected Website, any materials, third-party content, goods and Services offered will be uninterrupted or error free.
- Every effort is made to keep the Website running smoothly. However, Topsline Emergency Response Services takes no responsibility for, and will not be liable for, the Websitebeing temporarily unavailable due to technical issues beyond our control.
- The entire risk as to the quality, accuracy, adequacy, completeness, fitness, correctness and validity of any material and use of and access to the Website or any connected Website rests solely with You.
- The Website may contain links to other Websites which are not under the control of Topsline Emergency Response Services. Any Website you visit by a link from the Website is solely the responsibility of the vendor, merchant, or other party providing the Website. The content of, including materials and information contained on, any Website to which You link from the Website is solely the responsibility of the provider of that Website. Any transactions that you enter into with a vendor, merchant or other party listed in this Website or linked from this Website are solely between You and that vendor, merchant or other party. We are not responsible for any such third-party content that may be accessed via the Website, nor the organizations publishing those Websites, and hereby disclaim any responsibility and liability for such content. The inclusion of any links does not constitute or imply an endorsement or recommendation by Us of the third-party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Website.
- To the fullest extent permissible by law, Topsline Emergency Response Services , its associated companies, and their respective directors, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers shall not be liable for any loss or damage and/or claims of any kind (whether in contract, tort or breach of statutory duty or otherwise) arising out of or in connection with the Websiteand/or Materials and/or Posts and/or Submissions and/or any connected Website including without limitation:
- indirect or consequential loss;
- loss of profits or revenue or savings or other economic loss;
- incidental, direct, or special loss or similar damages;
- loss of or damage to data;
- loss of business or goodwill; and/or
- wasted or lost management time,
even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable. Notwithstanding the foregoing, in no event shall Topsline Emergency Response Services’s or its associated companies’ liability to you for any and all losses or damages (whether in contract, tort, breach of statutory duty or otherwise) exceed the amount paid by You, if any, for accessing the Website.
- Notwithstanding the foregoing, in no event shall Topsline Emergency Response Services ’s or associated companies’ liability to You for any and all losses, damages or claims (whether in contract, tort, breach of statutory duty or otherwise) exceed the amount paid by You, if any, for accessing the Website.
- If You are dissatisfied with the Websiteor with these Terms & Conditions, Your sole and exclusive remedy is to discontinue accessing or using the Website.
Indemnity And Limited Liability
- You agree to fully indemnify, defend and hold harmless Topsline Emergency Response Services , its associated companies, and their respective directors, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including reasonable legal fees, resulting from any breach of these Terms & Conditions by You.
- Topsline Emergency Response Services reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to full indemnity by You, in which event You agree to fully co-operate with Topsline Emergency Response Services in defending any action or potential action.
- To the fullest extent permitted by applicable law, Topsline Emergency Response Services excludes all liability for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- the use or the inability to use the Website;
- the cost of procurement of substitute goods and Services resulting from any goods or Services purchased or obtained or transactions entered into through or from the Website; or
- Unauthorized access to or alteration of Your transmissions or data, even if Topsline Emergency Response Services has been advised of the possibility of such damages.
- You further agree that Topsline Emergency Response Services is not responsible or liable to You for any threatening, defamatory, obscene, offensive or illegal conduct of other users or any infringement of another’s rights, including intellectual property rights, privacy rights, etc. occurring on or through the Website.
Third Party Hyperlinks
The appearance of external hyperlinks/banners/advertisements and/or other elements generated by third-parties on the Website does not constitute endorsement by Topsline Emergency Response Services and/or its associated companies of the opinions or views expressed by such third-party Websites. Topsline Emergency Response Services does not verify, endorse or take responsibility for the accuracy, currency, fitness, completeness or quality of the content contained on these third-party Websites. Further more, Topsline Emergency Response Services is not responsible for the quality of or delivery of any products or Services offered, accessed, obtained by or advertised at such third-party Websites. As such, neither Topsline Emergency Response Services nor its associated companies will be responsible for content provided on any third-party Websites, and further Topsline Emergency Response Services will under no circumstances be liable for any direct, indirect, incidental or special losses, claim or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked Websites. All such advertisings are of the relevant third-party advertiser and are not endorsements or recommendations by Topsline Emergency Response Services and/or its associated companies. You should refer to the relevant advertiser for information on its products and/or Services.
Notice & Take Down Process
Topsline Emergency Response Services does not endorse any content submitted to the Website by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Topsline Emergency Response Services expressly disclaims any and all liability in connection with such content. Topsline Emergency Response Services does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Topsline Emergency Response Services will remove all content if properly notified that such content infringes on another’s intellectual property rights. Topsline Emergency Response Services reserves the right to remove any content (including User content) without prior notice.
Topsline Emergency Response Services further reserves the right to decide whether the content violates these Terms & Conditions for reasons other than copyright infringement, such as, but not limited to, defamation, pornography, obscenity, excessive length, etc. Topsline Emergency Response Services may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a User’s account for submitting such material in violation of these Terms & Conditions.
Topsline Emergency Response Services operates a clear copyright policy in relation to any content alleged to infringe the copyright of a third party. As part of Topsline Emergency Response Service’s copyright policy, Topsline ERS will terminate User access to the Website if a User has been determined to be an infringer.
If you believe your copyright-protected work was posted on the Website without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
The fastest and easiest way to notify Topsline Emergency Response Services of alleged copyright infringement is by sending a notification at firstname.lastname@example.org.
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
Topsline Emergency Response Services reserves the right to terminate Your access to all or part of the Website, with or without notice.
- The fastest and easiest way to notify Topsline Emergency Response Services of any grievance is by sending a notification to our grievance officer at email@example.com.
- These Terms & Conditions contain the entire understanding between you and Topsline Emergency Response Services and supersede all prior understanding of the User and Topsline Emergency Response Services in respect of the User’s access and/or use of the Website.
- If any provision of these Terms & Conditions is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
- Unless otherwise specified, the Website is presented solely for the purpose of entertainment and promoting programs and other products available in India. Topsline Emergency Response Services makes no representation that the Website is appropriate or available for use in locations other than India. Those who choose to access the Website from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- These Terms & Conditions shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at Mumbai, without giving effect to any principles of conflicts of law.