Terms of Service
This terms of service explains the terms of services of NetVelocity PTE Ltd. ("NetVelocity") on www.NetVelocity.net (the "Website") and with respect to NetVelocity's mobile application (the "Application") (collectively referred to as "the Services"). It describes terms of services of using NetVelocity and associated with you for using these services.
You must not use any of our websites in any way that causes, or may cause, damage to our websites or impairment of the availability or accessibility of our websites; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without Netvelocity's written consent.
All materials included in the Services, including, without limitation, text, images, graphics, software, text files, reports, performance information, performance data, metrics, scoring or similar information about wireless networks, carriers, products and/or services and the selection and arrangement thereof (“Content”) are or may be proprietary property of NetVelocity or its licensors. Unless expressly permitted by written agreement with NetVelocity or the applicable owner, you may not copy, sell, trade, modify, distribute, publish, publicly display or create derivative works of the Services or any Content. Except to the extent that the provisions of this clause are expressly prohibited by applicable law, you may not reverse engineer, decompile, replicate, or otherwise attempt to derive source code of (or the underlying ideas, algorithms, structure or organization of) the Services or any Content. Without limiting the foregoing, you may not reproduce, share, distribute, publish, link to or otherwise use or reference Content (including derived performance information) for commercial gain without a written license agreement from NetVelocity.
If you receive written permission from NetVelocity to use Content containing Netvelocity reports, content, or information for a non-commercial article (e.g., a scholarly, informational or news article) (“Document”), you will:
- Not allow any third party to reproduce, distribute, publish, link to or otherwise use or reference such Netvelocity reports, content, or information (in whole or in part) without the third party obtaining prior written consent from NetVelocity; and
- Prominently include a statement in your Document that uses the following source information and terms:
The trademarks, service marks, trade names, domain names, logos and other brand elements (the “Trademarks”) used and displayed on or in the Services are registered and unregistered trademarks or names, in the United States and/or other countries, belonging to Netvelocity or their respective owners. Nothing in the Services shall be construed as granting, by implication or otherwise, any license or right to use any Trademark used or displayed on or in the Services without the express written permission of Netvelocity or the Trademark owner.
You may not remove, obscure or alter any proprietary rights notices, such as copyright or Trademark notices, contained on or in the Services or any Content.
- To the extent that we are required to do so by law
- In connection with any legal proceedings or prospective legal proceedings
- In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk)
- To protect the rights, property or safety of Netvelocity, our employees, agents, customers and others
Subject to all the terms of the Agreement, and only if and for so long as NetVelocity chooses to make any such software available to you, NetVelocity grants to you a non-transferable, non-exclusive, personal, royalty-free license to use any software made available to you as Content. You may not sublicense this right to any other person or entity.
The Services may include hyperlinks to third-party websites or content. NetVelocity does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. NetVelocity does not endorse or make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any such third-party sites, you do so entirely at your own risk. You acknowledge and agree that NetVelocity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party sites.
The information displayed by NetVelocity includes information that is licensed from third parties. You agree to be bound by the terms and conditions prescribed by these third parties. In particular, uses of the Google Maps service within the website as well as the Android mobile applications are subject to the following additional terms: Google Maps Terms of Service and Google Maps Legal Notices.
NetVelocity may include advertisements and promotions from third parties on or in the Services, including in any Content. Your interactions and any transactions with these third parties are solely between you and those third parties. NetVelocity is not responsible or liable for any loss or damage incurred as the result of any such interactions or transactions or as the result of the presence of third-party advertisers on or in the Services.
Except as expressly permitted by NetVelocity, any access or attempt to access non-public or subscription areas of the Services or NetVelocity servers for any purposes is prohibited. You agree that you will not (a) use any robot, spider, other automated means or manual process to “screen scrape,” monitor, “mine” or copy pages included in the Services or any Content therein, without NetVelocity’s express written permission, (b) spam or send unsolicited email to any other user of the Services for any reason, (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services, or (d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services.
NetVelocity considers information security to be a top priority. NetVelocity implements systems, applications and procedures to secure your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, these measures are unable to provide absolute assurance. Therefore, although NetVelocity takes great efforts to protect your personal information, NetVelocity cannot guarantee and you cannot reasonably expect that the NetVelocity's databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
In these terms and conditions, ‘your user information' means material (including without limitation text, images, audio material, chat, pictures, video material and audio-visual material) that you submit to our websites and mobile application, for whatever purpose.
User grant to NetVelocity a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to NetVelocity the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You must not submit any user content to any of our websites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Your user information must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or NetVelocity or a third party (in each case under any applicable law).
Netvelocity reserves the right to edit or remove any material submitted to our websites, stored on our servers, or hosted or published upon our websites.
Notwithstanding Netvelocity's rights under these terms and conditions in relation to user information, we do not monitor the submission of such content to, or the publication of such content on, our websites.
Our websites and services are provided ‘as is’ without any representations or warranties, express or implied. Netvelocity makes no representations or warranties in relation to our websites or the information and materials provided therein.
Without prejudice to the generality of the foregoing paragraph, NetVelocity does not warrant that:
- Netvelocity Mobile application will deliver this information in true, complete or non-misleading
- Netvelocity mobile version support of features will be consistent across platform
- Netvelocity websites will be constantly available, or available at all
- Netvelocity websites’ information is complete, true, accurate or non-misleading
- Netvelocity mobile version will support all current and future version of operating systems
- Netvelocity can voluntarily decide to support/remove any platforms going forward without any notifications to users
- Netvelocity can update or remove features of mobile and web versions
Nothing on any of our websites and mobile application constitutes, or is meant to constitute, advice of any kind.
Netvelocity will not be liable to you or anyone in relation to the contents of, or use of, or otherwise in connection with, our websites , mobile application and related services :
- For any direct , indirect, special or consequential loss
- For any losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- These limitations of liability apply even if Netvelocity has been expressly waived off these condition of the potential loss.
- Information is provided for recreational purposes only
You agree to defend and indemnify Netvelocity, its affiliates and their respective licensors and suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, brought by third parties as a result of (a) your breach of the Agreement, (b) your violation of any law or the rights of a third party, or (c) your use of the Services.
The trademarks, names, logos and service marks (collectively ‘trademarks’) are registered and unregistered trademarks of Netvelocity. Nothing contained on these websites and mobile application should be construed as granting any license or right to use any trademark without the prior written permission of NetVelocity.
These terms and conditions shall be governed in all respects by the laws of the India. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the courts located in Mumbai, as applicable, for any matter arising out of or relating to these terms, except that in actions seeking to enforce any order or any judgment of such courts located in India, such personal jurisdiction shall be nonexclusive.
NetVelocity may from time to time change the terms of service. The Services and any Content are subject to change from time to time without advance notice to you. In addition, Netvelocity may permanently or temporarily stop providing the Services or any Content, or any associated features, to you or to users of the Services generally, at Netvelocity's sole discretion, also without advance notice.
Any software included in the Content that you use may automatically download and install updates from time to time. These updates are generally improvements, bug fixes, new modules or new versions of the software. You agree to receive updates, and permit their delivery to you, as part of your use of the applicable Content.
By using the Services after any such revision, you agree to be bound by the revisions and should therefore periodically visit this page (or the page containing additional terms, as applicable) to determine the then-current terms and conditions. Substantial changes will take effect 30 days after NetVelocity has posted an initial notification on the Website's homepage or any other relevant web pages. Other changes will take effect 7 days after their initial posting on the Website. However, if NetVelocity amends this terms of service to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the terms of this terms of service. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.