Terms and Conditions of Usage of Service

  1. Preamble

The following Terms and Conditions of Usage of Service are effective in relation between Samadhan Systems (Pvt.) Ltd, a company incorporated under the Companies Act, 1956, having its registered office at 221, Jagriti Encalve, Delhi 110092 as provider of the Internet based service named ifeelclub (referred henceforth as ifeelclub) and the registered users (referred henceforth as : Users) and are insofar effective for all services provided under the URL www.ifeelclub.com and http://m.ifeelclub.com  as well as the corresponding sub webpages and additional webpages.

  1. Description of the service
    1. ifeelclub provides mobile video greetings service to the users of mobile phones. Users are sent video greetings directly on their mobile and email, as provided in the user registrations data, by the ifeelclub server as a downloadable link.
    2. Ifeelclub reserves the right to change the service provision at any time.
  1. Registration
    1. For the usage of service of Ifeelclub a registration as User is necessary. At the time of creation of a user account correct and complete data has to be entered. User certifies that the user has provided a functional e-mail address and mobile number registered on his/her own name for the purpose of registration.
    2. User certifies that he or she is 18 years or above in age.
    3. If the User mobile number is in TRAI NDNC (National Do Not Call) registry, the User explicitly agrees to receive the video greeting sms from ifeelclub on this mobile number.
    4. The contract between ifeelclub and the user regarding the usage of the ifeelclub service becomes effective by user completing the registration procedure and accepting this Terms & Conditions of Service.
    5. The user can cancel his registration at ifeelclub at any time without indication of any reasons by sending an email to: support@ifeelclub.com. On receipt of such a request, ifeelclub will authenticate it with the user and delete the account subsequently.
    6. Ifeelclub reserves the right to block the account of the user permanently, if it determines that the account:
      1. Has been created in an unlawful manner by not using user’s own email or mobile phone number.
      2. Is abusing the free video greeting service from ifeelclub for spam, advertising or any other means.
    1. ifeelclub has exclusive and irrevocable rights to delete a user account, without specifying any specific reason.
  1. Rights of users
    1. Registered users are entitled to use all service provisions provided by Ifeelclub under the terms of use. They can store/play and forward the video greeting to third parties in good spirit.
    2. Registered users can not :
      1. Use the video greeting provided by ifeelclub for commercial exploitation.
      2. To modify the ifeelclub content in any manner whatsoever, including but not limited to, tempering the copyright marks and ifeelclub logo or adding any third party logo, brand name or text.
      3. To reverse engineer the ifeelclub content in whatsoever manner.
      4. Use ifeelclub service to threaten or cause mischief to any third parties or to infringe third parties personal rights in particular.
      5. To register with a false identity.
      6. To use the content provided by ifeelclub to generate spam on emails or through phone sms.
      7. To forward the ifeelclub content via sms to third parties not known to the user.
    1. The user understand and agrees that he/she alone is liable for any consequences resulting from his action of forwarding the ifeelclub content in whatsoever manner.
    2. If the User has registered using a NDNC registered mobil number, the User explicitly agrees to receive sms from ifeelclub on this mobile number. With respect to the services of ifeelclub, User foregoes its right to complaint to TRAI on receiving video greeting sms from ifeelclub on his NDNC registered number.
    3. The non-observance of the above stated rules entitles ifeelclub to cancel the account of the relevant user permanently from use of service in future. The specific kind of penalty is in discretion of Ifeelclub.
  1. Rights and Duties of ifeelclub
    1. The greeting will be provided as a download link on email and user’s mobile.
    2. ifeelclub does not guarantee successful delivery of the said email and sms as it is impacted by factors beyond the domain of ifeelclub. For the same reason, it does not guarantee successfully download and playback on the user’s desktop or mobile phone of the aforesaid greeting.
    3. By agreeing to these terms of service and registering on the ifeelclub website, www.ifeelclub.com, user is allowing ifeelclub to send such email and sms on the information provided during account creation. .
    4. ifeelclub is entitled to modify, change, temporarily shut down or totally discontinue its service at any time and without prior announcement.
    5. ifeelclub is entitled to release data deposited by the user to authorized third parties (e. g. law enforcement agencies) in case of criminally relevant actions of the user due to infringements of third party personal rights or violation of copyrights.
  1. Warranty and liability
    1. ifeelclub does not guarantee that the service provided by him are accessible and error free at any time or appropriable to a certain purpose.
    2. ifeelclub does not guarantee the suitability of its content for any particular age group, race, caste, creed or religion.
    3. ifeelclub is not responsible for any loss of data not caused due to intentional actions of the ifeelclub and its employees.
  1. The user, by agreeing to the Terms and Conditions, discharges ifeelclub from any liability whatsoever arising due to the usage of the ifeelclub service.
  2. Data Protection
    1. ifeelclub respects the privacy of its users. ifeelclub handles the personal data of users in a confidential manner and will provides such data to third parties only if it is legally obligated to do so under the rule of law.
  1. Term
    1. The Terms and Conditions are valid for an indefinite time and survive for content already received by the user even if
      1. ifeelclub discontinues the service in the future.
      2. User makes an explicit request to cancel registration or ifeelclub cancels the user registration due to violation of Terms and Conditions of service.
  1. Anti-Spam rule
    1. According to 4.2.6 of this contract ifeelclub reserves the right to block or erase the access permanently in case the account will be abused for Spam purposes.
    2. Spam is defined at Ifeelclub as follows:
      1. creation of several accounts with diverse e-mail addresses and mobile numbers, not belonging to the User.
      2. modification of content provided by ifeelclub in whatsoever manner,
      3. sending the download links provided to user to recipients unknown to the user or recipients probably uninterested to the download link.
  1. Copyright and Trademark
    1. ifeelclub is a registered trademark of Samadhan Systems (Pvt.) Ltd.
    2. ifeelclub has exclusive copyright on all content provided by ifeelclub. All trademarks and brands displayed inside the ifeelclub content or www.ifeelclub.com site are without restrictions under the regulations of the relevant effective trademark law and the titles of the relevant registered owners.
    3. Any duplication or use of ifeelclub content, which includes but is not limited to graphics, music track, character design, video sequences and text, in other electronic or printed publications is prohibited without explicit consent of Ifeelclub.
  1. Arbitrations
    1. This Agreement shall be construed and enforced in accordance with the laws of India.
    2. Any disputes whatsoever between the parties which cannot be settled by mutual negotiations will be settled by arbitration at Delhi under and in accordance with the Arbitration and Conciliation Act, 1996 and, in respect of any matter relating to such arbitration, the courts at Delhi will have exclusive jurisdiction.
    3. If any part of this Terms and Conditions of service is held to be illegal, unenforceable or invalid, the remaining portions of this T&C will remain in full force and effect. Any failure to enforce any provision of these Terms and Conditions of service will not constitute a waiver of any other provision.
    4. The Terms and Conditions can be modified only by Samadhan Systems (Pvt.) Ltd.
  1. Last update: Nov 2011