*APPROVED SOLELY FOR USE IN THE USA, CANADA (EXCEPT QUEBEC)
AND THE UNITED KINGDOM*
Please read the following End User Agreement ("User Agreement") carefully before subscribing and using the services set forth below. You should keep a copy of this User Agreement for future reference. Tata Communications will not file a copy of any orders made by you. As used herein, "You" and "your(s)" refer to you as the individual user who are the subscriber to the Content Service through the Portal as defined below; and "Tata Communications" refers to Tata Communications (America) Inc., Tata Communications (Canada) ULC or Tata Communications (UK) Limited, or in each case their respective successor entities, depending upon the jurisdiction in which You live and purchase the services.
If You are resident in the USA:
If You are resident in the United States of America ("USA") then You will be contracting for the services with Tata Communications (America) Inc. In addition to the other terms and conditions of this User Agreement, there are some specific terms and conditions that apply to users who are resident in the USA. Please read them carefully. They are contained in section 13.1.
If You are resident in Canada:
If You are resident in Canada then You will be contracting for the services with Tata Communications (Canada) ULC. In addition to the other terms and conditions of this User Agreement, there are some specific terms and conditions that apply to users who are resident in Canada. Please read them carefully. They are contained in section 13.2. Please note that the Content Services are not yet available to customers residing in the Province of Quebec at this time.
If You are resident in the UK:
If You are resident in the United Kingdom ("UK") then You will be contracting for the services with Tata Communications (UK) Limited. In addition to the other terms and conditions of this User Agreement, there are some specific terms and conditions that apply to users who are resident in the UK. Please read them carefully. They are contained in section 13.3.
Please note that the services are only available to individuals who reside in the USA, Canada or UK. If You live outside of these jurisdictions or if You are not an individual but are a company or organisation, then You may not purchase the services. These terms are only available in the English language.
The services are offered through the Tata Communications' portal (the "Portal") as accessed through www.trueroots.us (for USA customers), www.trueroots.ca (for Canadian customers) and www.trueroots.co.uk (for UK customers) (individually, each a "Web-site"), relating to the following services:-
a. "Subscription Fee" means the fee paid by You for using the Content Service as set out in the schedule displayed on the Web-site. The Subscription Fee is inclusive of VAT and any other applicable taxes.
b. The "Subscription Period" shall begin on the date Tata Communications debits your Tata Communications payment account after authentication by Tata Communications, or for payment by credit card, on the date your credit card payment is authenticated by Tata Communications. Your choosing the Subscription Period does not automatically entitle You to receive the Content Service. Tata Communications at its sole discretion shall decide whether or not You shall be allowed to use the Content Service. Tata Communications will not debit your account if it decides that you shall not be allowed to use the Content Service. If You fail to provide a valid credit card number which You are authorized to use, Tata Communications in its sole discretion may suspend or terminate your account and take any other legal action available to it.
c. On the expiration or termination of your subscription to the Content Service, You shall be allowed only to use the Content Service until the period for which your subscription has been paid for the respective Content Service has come to an end.
The following billing procedures shall be followed for subscription and renewal of the Content Service:
a. For Prepaid Subscribers
The monthly, quarterly, half yearly or yearly subscription charge will be deducted from your balance at the moment of subscription if the balance is sufficient and You will be alerted to the balance remaining. In the event that the balance is insufficient, the subscription will be denied and You will be alerted as to the insufficient balance. With respect to renewals, the renewal charge will be deducted from your balance at the moment of renewal if the balance is sufficient and You will be alerted to the balance remaining. In the event that the balance is insufficient, the renewal will be denied and You will be alerted as to the insufficient balance.
b. Payment by Credit/Debit Card
For using the Content Service under this User Agreement You shall pay the subscription at the rate prescribed through the payment gateway (through credit/debit cards). You confirm that the credit/debit card that is being used is yours. All credit/debit cards are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, Tata Communications will not accept your order and will not be responsible for any delay or non-delivery and Tata Communications is not obliged to inform you of the reason for the refusal. Tata Communications is not responsible for your card issuer or bank charging You as a result of your credit/debit card being processed in accordance with your order.
c. Unless payment for the Content Service is successfully received by Tata Communications from any of the three modes mentioned above (i.e. pre-paid subscription, credit or debit card) or by any other payment method offered at the Portal and unless Tata Communications gives You notice that the entire amount has been received, You shall not be entitled to use the Content Service. If payment is not received within the specified time for any reason or if You are a Prepaid Subscriber and your balance with Tata Communications is less than the next due amount, your registration for the Content Service will be terminated. Tata Communications accepts no liability whatsoever on account of cancellation of Content Service due to non-payment (for any reason) or on account of insufficient balance with Tata Communications.
a. The right to use the Content Service is personal to You and You may not use the Content Service in connection with any commercial endeavors. Illegal and/or unauthorized uses of the Portal or the Web-site, including without limitation unauthorized framing of or linking to the Portal or the Web-site, will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and emergency (i.e. injunctive) action.
b. The Content Service enables You to access the Content Service from the website of Licensor made available to You on choosing and making the payment for the respective Content Service. By paying for each respective Content Service, You may make use of such Content Service.
c. As a condition of using the Content Service, You agree to abide by all applicable local, state, provincial, national and international laws and regulations relevant to the use of the Content Service. In addition, You warrant that You will not use the Content Service for any purpose that is unlawful or prohibited by this User Agreement and the Additional Terms (including, without limitation, any use that infringes another's copyright). You may not use the Content Service in any manner that could damage, disable, overburden or impair the Portal and the Web-site or any user of the Portal and the Web-site, or interfere with any other party's use of the Content Service.
d. All materials contained on the Portal or the Web-site (including without limitation, the Portal and the Web-site's "look and feel", layout, design, text, software, images, graphics, video and audio content) ("Materials") are the property of Tata Communications (and/or the respective Licensor, if applicable), its affiliated companies or its licensors and are protected by copyright, trademark and other intellectual property laws and international treaties.
e. By using the Content Service, You are representing to Tata Communications that You are at least 18 years old (or the minimum legal age in the jurisdiction in which You are using the Content Service) and that You shall be fully bound by the terms of this User Agreement, the Additional Terms, the Web-site, and all other applicable policies and regulations of Tata Communications. You further acknowledge that Tata Communications shall not be responsible for any dispute arising out of or relating to the non-performance of any obligations as a user of this Content Service or as a seeker of opinion, advice or consultancy, as applicable, from the Content Service of the Licensor.
f. Hyperlinks to other Internet resources if any, are provided for your convenience. The editors of Licensor have selected these resources as having some value and pertinence, but such resources' development and maintenance are not under the direction of Tata Communications. Thus, the content, accuracy, opinions expressed and other links provided by these resources are neither verified nor endorsed by Tata Communications.
g. You agree that by visiting the site of Licensor through the Portal provided by Tata Communications, You fully accept the terms, conditions and any disclaimers detailed on the Web-site.
h. Because Tata Communications has no control over third-party websites and resources, You acknowledge and agree that Tata Communications is not responsible for the availability of such external websites or resources, including those of the Licensors. In addition, You acknowledge and agree that Tata Communications does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such web-sites or resources. Furthermore, You acknowledge and agree that Tata Communications will not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, advertising, products or materials.
i. While using the Content Service You agree not to directly or indirectly:
You acknowledge that the Content Service contains copyrighted material, trademarks, and other proprietary information owned by Licensor and authorized to Licensor, and that your subscription does not confer on You any right, title or interest in or to the Content Service, the related documentation or the intellectual property rights relating thereto. Unauthorized copying of any portion of the Content Service may result in litigation under applicable copyright, trademark or other intellectual property laws or international treaties and loss of privileges granted pursuant to this User Agreement.
You understand that all audio, data, domain names, graphics, HTML coding, image maps, information, links, messages, music, photographs, software, software applications, sound, text, video, or other materials (the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from which this Content originated. This means that You, and not Tata Communications, are entirely responsible for all Content that You upload, post, email or otherwise transmit via the Content Service. Tata Communications does not control the Content posted via the Web-site and, as such, does not guarantee the accuracy, integrity or quality of this Content. You understand that by using the Content Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Tata Communications be liable to You in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Content Service.
You acknowledge that Tata Communications does not pre-screen Content, but that Tata Communications and its designees shall have the right, but not the obligation, in their sole discretion to refuse or remove any Content that is available via the Content Service. Without limiting the foregoing, Tata Communications and its designees shall have the right to remove any Content that violates this User Agreement or Additional Terms or is otherwise determined to be objectionable in the sole discretion of Tata Communications.
You further acknowledge and agree that:
a. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content;
b. You may not rely on any Content created by Tata Communications or submitted to Tata Communications or otherwise made available or found on the Web-site;
c. Tata Communications may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that this preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this User Agreement; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect rights, property, or personal safety of Tata Communications, its users or the public; and
d. The technical processing and transmission of the Content Service, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
YOU EXPRESSLY AGREE THAT USE OF THE CONTENT SERVICE IS AT YOUR SOLE RISK. TATA COMMUNICATIONS, ANY PARENT CORPORATIONS OR AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, MAKES NO WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE OPERATION OF THE CONTENT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT SERVICE OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR CONTENT SERVICE PROVIDED ON OR ACCESSIBLE FROM THE CONTENT SERVICE.
THE CONTENT SERVICE IS PROVIDED ON AN "AS IS", "WHERE-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
IN NO EVENT SHALL TATA COMMUNICATIONS, ANY PARENT CORPORATIONS OR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, LOSS OF DATA, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES) AND/OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM USER AGREEMENT AND/OR ADDITIONAL TERMS, WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS OR NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS, AND REGARDLESS OF WHETHER PREVIOUSLY INFORMED OF THE POSSIBILITY OF THE LIKELIHOOD OF SUCH DAMAGES.
To the maximum extent permitted by law, You agree to defend, indemnify, and hold harmless Tata Communications, any parent corporations or affiliates, and their respective directors, officers, employees, agents, contractors or licensors from and against all claims and expenses, including attorneys' fees and legal costs, arising out of the use or unauthorized use of the Content Service or any of its Content, the violation of this User Agreement, Additional Terms or any applicable laws or regulations, or any action arising out of your violation of any rights of a user by You.
You may terminate this User Agreement by giving Tata Communications not less than thirty (30) days' notice in writing to the email/postal address of the Tata Communications contracting entity for your jurisdiction set forth in Section 13 below. Tata Communications will refund any money which You have paid in advance for the Content Service for the period after the User Agreement has ended.
Tata Communications has the option to terminate this Agreement at any point in time before the expiry of the Subscription Period. Termination of this Agreement automatically terminates your license to use the Content Service and any Content or other material contained therein and You agree to discontinue the use of the Content Service upon termination of this User Agreement.
Tata Communications may also suspend the Content Service and terminate this User Agreement without notice and without refunding any advance payments in the following circumstances:
Termination of this User Agreement automatically terminates your license to use the Content Service and any Content or other material contained therein and You agree to discontinue the use of the Content Service upon termination of this User Agreement.
Your right to use the Content Service is personal to You. You may not transfer any of your rights or delegate any of your obligations under this User Agreement to anyone else.
If any provision of this User Agreement is held to be overly broad in scope or duration by a court of competent jurisdiction such provision shall be deemed modified to the broadest extent permitted under applicable law. If any provision of this User Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby.
If you breach the terms of this User Agreement and Tata Communications takes no action against You, Tata Communications will still be entitled to use its rights and remedies in any other situation where you breach the terms of this User Agreement.
The section headings in this User Agreement are used for convenience only and shall not be given any legal import. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, 12 and 13 (as applicable) shall survive termination of this User Agreement.
This User Agreement is not intended to give rights to anyone except Tata Communications and You. This does not affect Tata Communication's right to assign or transfer this User Agreement as set out above.
This section only applies to You if You are resident in the USA. If you are resident in Canada, please see section 13.2, and if you are resident in the UK, please see section 13.3.
This User Agreement shall be governed by and construed in accordance with the laws of the United States of America. Each party irrevocably agrees to submit to the jurisdiction of the Courts of the State of New York over any claim or matter arising under or in connection with this User Agreement or the legal relationships established by this User Agreement. You agree that any cause of action arising out of or related to this User Agreement or the Content Service that You may have against Tata Communications (including, its affiliates, directors, officers, agents, partners, suppliers, consultants and employees) must commence within six months after the cause of action arose; otherwise, your cause of action is permanently barred.
Email address: firstname.lastname@example.org
Phone: +1 (866) 503-8765
This section only applies to You if You are resident in Canada. If you are resident in the USA, please see section 13.1, and if you are resident in the UK, please see section 13.3.
This User Agreement shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario. Each party irrevocably agrees to submit to the jurisdiction of the Courts of Toronto, Province of Ontario, over any claim or matter arising under or in connection with this User Agreement or the legal relationships established by this User Agreement. You agree that any cause of action arising out of or related to the User Agreement or the Content Service that You may have against Tata Communications (including, its affiliates, directors, officers, agents, partners, suppliers, consultants and employees) must commence within six months after the cause of action arose; otherwise, your cause of action is permanently barred.
Residents of the Province of Quebec Excluded
The Content Services are not yet available to the residents of the Province of Quebec. As such, Quebec residents may not purchase the Content Services and any purported sale or subscription to a Quebec resident is null and void.
Email address: email@example.com
Phone: +1 (866) 503-8765
This section only applies to You if You are resident in the UK. If you are resident in the USA, please see section 13.1, and if you are resident in Canada, please see section 13.2.
Tata Communications' Legal Obligations and Limits on its Liability
Tata Communications does not limit its liability for death or personal injury caused by its negligence or that of its employees and agents. Tata Communications does not seek to exclude liability for fraudulent misrepresentation by Tata Communications or by its employees or agents. You have certain rights under the law in relation to the standard of services You can expect from Tata Communications under this User Agreement. Nothing in this User Agreement is intended to affect these legal rights. For more information about you legal rights contact your local Citizens Advice Bureau or Trading Standards Office.
If Tata Communications breaches the terms of this User Agreement it will only be liable for losses which are a reasonably foreseeable consequence of such a breach[, up to a maximum of [an amount equal to twelve months' subscription fee]]. Losses are foreseeable where they could be contemplated by You and by Tata Communications at the time of entering into this User Agreement.
In particular, Tata Communications is not responsible for:
"Events Beyond Our Control" means any causes beyond Tata Communications' reasonable control which prevents it from providing the Content Service or from fulfilling any of its other obligations under this User Agreement and includes without limitation fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
Once the Subscription Period begins and You have started using the Services, You may terminate Your agreement with Tata Communications as set out in this User Agreement. Under the provisions of the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") if You are a consumer as defined in the Regulations, You may cancel your agreement to this User Agreement at any time up to 7 days after the date on which your Subscription Period begins. However, if You start using the Content Services before the 7-day cancellation period has ended, You will no longer have the right to cancel during this cancellation period.
If you have any questions, complaints or comments about the Web-site or the Content Service, please contact:
Email address : firstname.lastname@example.org
Tata Communications is committed to ensuring that every effort is made by our Customer Service & relevant teams to resolve any disputes that You may have. If You have followed up with Tata Communications and are still unable to reach a satisfactory resolution, You have the option of referring your complaint to your local Citizens Advice Bureau or Trading Standards Office.
Tata Communications will do its best to resolve any disputes over this User Agreement. If You wish to take court proceedings against Tata Communications, you must do so within the United Kingdom. If You live in England, Wales or Scotland, then the laws of England, Wales or Scotland shall apply, respectively.