The use of this web site at www.fightbackmobile.in
(Site) and or the mobile application Fightback is subject to these
terms and conditions of use Terms and Conditions. PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY BEFORE AGREEING TO SUCH TERMS AND
CONDITIONS AND USING THE SITE AND/OR MOBILE APP. By using the Sites,
and/or the mobile application, you indicate your agreement to these TOU,
including Privacy Statement. Please read this page carefully. If you do
not accept the TOU stated here, do not use the Sites and/or
application. Since the TOU may change over time and without any advance
notification you should also occasionally visit this page to review any
modifications to the TOU because they are binding on you.
For website users
This website is owned and operated by CanvasM Technologies Ltd.
1. The Company's Liability
This is Trial Version of Application based upon the policy
changes the user will be required to pay applicable charges based upon
notification. Company shall not be held responsible for any injury,
loss, expense or damage of any kind whatsoever suffered or incurred by
any person who accesses or uses this website or utilizing any service
offered on this website/mobile application or relying on any information
contained on this website or the services offered thereof for any
reason whatsoever including but not limited to any injury, loss or
damage suffered as a result of:
The Company's Site may contain inaccuracies or typographical
errors. The Company makes no representations about the accuracy, or
completeness of any of its content. Company is not responsible for a
customer's failure to use or complete necessary steps in using the
service. Subscription charges will apply regardless of whether you
utilize the service or not. By subscribing you acknowledge that you are
fully aware of all charges involved in subscription and usage of the
Please note that there are risks, including but not limited to the
risk of physical harm, of dealing with strangers, underage persons or
people who misrepresent themselves online. When you use our Sites you
assume all risks associated with dealing with other users with whom you
come in contact through our Sites. By its very nature, other people's
information may be offensive, harmful, inaccurate, or untrue. Please be
careful when using our, and other online, sites.
- errors or discrepancies in the information provided
- any unauthorized access of this website by third parties
- any breakdown or failure of any equipment or medium of access to this website
- Any failure or unavailability of any of Company's or any third
parties' facilities or systems resulting in the inability to access
this website or process any transaction referred to or offered on this
- Any alteration, modification, upgrade or update of this
website or any technology, hardware or software modification that may
form part of this website.
User authentication on the Internet is impossible and therefore
the Company does not warrant that each user is who they claim to be.
Since the Company is not, and cannot be involved in user-to-user
dealings or control the behavior of the participants on any Site, in the
event that you have a dispute with one or more users, you release the
Company (and our agents and employees) from claims and damages (whether
actual and consequential, direct and indirect) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
Company may vary the Content or the technical specification of the Content from time to time.
Company may withdraw or change the Content at any time for
technical, commercial, public interest or operational reasons. In the
event that Company permanently withdraw the Content, this will be
advertised with as much notice as possible prior to the withdrawal of
the Content. Depending on the reason for the suspension, withdrawal or
change, it may not always be possible to give advance notice.
You acknowledge and agree that you are solely responsible to:
You are specifically prohibited from:
- provide accurate, current and complete information about you
as may be prompted by any registration forms on the Service
- maintain and promptly update the Registration Data, and any
other information you provide, to keep it accurate, current and
- maintain the security of your password and identification;
- notify Company immediately of any unauthorised use of your account or other breach of security;
- accept all responsibility for any and all activities that occur under your account; and
- accept all risks of unauthorised access to the Registration Data and any other information you may provide.
The Company in no way either represents or guarantees the accuracy,
reliability or the truthfulness of any User content. You hereby
acknowledge that any dependence placed upon the posts made by other
Users is done entirely at your own risk.
- downloading, copying, or re-transmitting any or all of the
Service or the website Content without, or in violation of, a written
license or agreement with Company;
- registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party from the website
- using the Service or the website Content other than for its
intended purpose. Such unauthorised use may also violate applicable laws
including, with out limitation, copyright and trademark laws, the laws
of privacy and publicity, and applicable communications legislation and
2. Permitted Uses Of Our Sites
You agree to use
this Service together with Company for the solely personal purposes for
which you were licensed,. All content is the property of the Company,
and all content is protected by applicable trademark laws, both Indian
and foreign. You are not allowed to sell or modify the Sites' content
for any public or commercial use. In case of any violation, Company
shall have the right to take any action permitted under law. The use of
the Sites' content on any other web site or in a networked computer
environment for any purpose is also expressly prohibited.
3. Prohibited Uses of Our Site Users warrant to only
the security of any Site by engaging in the following: (a)
accessing data not intended for such user or logging into an account
which the user is not authorized to access; (b) attempting to test the
vulnerability of a system or to breach any security or authentication
measures; or c) attempting to overload, spam, or crash any Site by means
of a "virus" or other software "attack" upon the Sites' integrity. Any
attempted Site violations may result in civil or criminal liability, and
the Company will prosecute users who are involved in such violations.
Users may not use any Sites in order to transmit, or store material (a)
in violation of any applicable law or regulation, (b) in a manner that
will infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the privacy, publicity
or other personal rights of others, (c) that is defamatory, obscene,
threatening, abusive or hateful, or (d) in a manner which jeopardizes
India's national security, contributes to social unrest, or sectarian
All users agree not to engage in any activity which seeks to take
advantage of or exploit other users of the Sites, or of the Sites
themselves. This prohibited behavior includes, but is not limited to,
the following: (a) offering business or sales opportunities; (b)
offering jobs from competitors of the Company, (c) posting any
inaccurate or misleading content on the Sites; (d) sending any
unsolicited offer to Site users; (e) deleting any content or posting of
other users; (f) engaging in any behavior which has the effect of
degrading the performance of the Sites; (g) reverse engineering any
portion of the Sites; (h) using or inserting a personal or corporate
URL, web link, or email address, into any portion of the Sites (except
where specifically requested by the Sites) and (i) duplicating, posting,
or linking any Site content to other sites not belonging to the
Users may not use the Site(s) to transfer any money in violation of the any applicable law or regulation.
4. Prohibited Content on Our Sites-How to Report Abuse
Any content which is offensive, dangerous, invades the privacy of
others, or is unlawful is prohibited from the Sites: This includes, but
is not limited to, the following: (a) pornography,; (b) solicitation of
illegal activities; (c) racial, religious, or ethnic slurs (d)
incitement to violence against any individual for whatever reason; (e)
the sending of junk mail or spam; (f) violating or advocating the
violation of copyrighted works; (g) releasing private information of
another user without their consent; and (g) providing information or
instruction about illegal activities. Please report any abuse of our
site to email@example.com.
Additional terms for mobile application users
5. Collection and use of information by Company
In some areas of Registration & Profile creation, Company request or
may request that you provide personal information, including your name,
address, e-mail address, telephone number, credit card number, contact
information, billing information and any other information from which
your identity is discernible. In other areas, Company collect or may
collect demographic information that is not unique to you such as your
code, age, preferences, gender, interests and favorites. Sometimes
Company collect or may collect a combination of the two types of
In addition, Company may indirectly collect information about you when you use certain third party services available on www.fightbackmobile.in
or through any other website authorized by CanvasM to download the
application For example, if you registering for FightBack application
via www.fightbackmobile.in or
any other website authorized by CanvasM to download the application
by using your user name and password, you authorize Company to have
access to and store the information in your account profile; such
information will be subject to, and treated in accordance with, the
policies and practices described in this Privacy Statement.
Company also gather or may gather certain information about your use of
Site, such as what areas you visit and what services you access.
Moreover, there is information about your computer hardware and software
that is or may be collected by Company. This information can include
without limitation your IP address, browser type, domain names, access
times and referring Web site addresses, but is not linked to your
Company may sometimes afford you the opportunity to provide descriptive,
cultural, preferential and/or life style information about yourself,
but it is solely up to you whether you furnish such information. If you
do provide such information, you are thereby consenting to the use of
that information in accordance with the policies and practices described
in this Privacy Statement. For example, such information may be used
for the purpose of determining your potential interest in receiving
e-mail or other communications about particular products or services.
In addition, at the time of registration for a account, you have the
option to elect or not elect to receive SOS Alerts on email.
Company has areas on the Site where you can submit feedback. Any
feedback you submit in these areas becomes our property, and Company can
use such feedback (such as success stories) for marketing purposes or
to contact you for further information.
You acknowledge, give your unconditional consent and authorize the
Company to send you promotional SMS and voice call alerts on your
registered mobile number as and when Company deem necessary.
6. Choices regarding the disclosure of personal information to others.
Company discloses information to third parties if you consent to such
disclosure. Company use data Company have about you (such as the
interests and preferences you have expressed) to determine whether you
might be interested in the opportunities, products or services of a
Company disclose information if legally required to do so, if requested
to do so by a governmental entity or if Company believe in good faith
that such action is necessary to: (a) conform to legal requirements or
comply with legal process; (b) protect our rights or property or our
affiliated companies; (c) prevent a crime or protect national security;
or (d) protect the personal safety of users or the public.
Company discloses and transfer information to a third party who acquires
all or a substantial portion of our business, whether such acquisition
is by way of merger, consolidation or purchase of all or a substantial
portion of our assets. In addition, in the event Company become the
subject of a bankruptcy proceeding, whether voluntary or involuntary,
Company or our trustee in bankruptcy may sell, license or otherwise
dispose of such information in a transaction approved by the bankruptcy
court. You will be notified of sale of all or a substantial portion of
our business to a third party via email or through a prominent notice
posted on the Monster Sites.
Although not responsible for screening or monitoring user content, the
Company may review and delete any content that violates these Terms of
Use, violates applicable law, rule or regulation, is offensive or
illegal, violates the copyrights of another, or violates the rights of,
harms or threatens the safety of users of the Company's Sites. If you
engage in prohibited behavior you risk expulsion from the Sites, and
future restrictions may be placed upon your continued access to the
Sites. If appropriate, legal action may be instituted against you.
Company will also remove your content from the Sites.
8. If You Send unsolicited ideas Company Has The Right To Use Them Without Compensation.
You are always welcome to provide Company with your opinion as to the
quality of Company services, however, please do not send us any creative
ideas, suggestions or other materials. Unfortunately, in the past other
companies have been sued for patent infringement by individuals who
provided the company with unsolicited ideas which the company later
adopted. Therefore, it is our stated policy that Company will not accept
or consider creative ideas provided by our users. If you do provide
Company with such materials, please be advised that all such ideas will
become the property of the Company, and Company will Company incur no
obligation to you, and can use all such ideas without compensation.
9. What To Do If You Suspect Copyright Infringement
If you believe that your copyrighted work is on any of our Sites in an
infringing manner please provide Company with the following:
The Company will remove the infringing posting(s), subject to the
procedures outlined in the Digital Millenium Copyright Act (DMCA).
- Identify the material on the Site that you claim is infringing, with enough detail so that Company may locate it.
- Identify the material on the Site that you claim is infringing, with enough detail so that Company may locate it.
- A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
- A statement by you declaring under penalty of
perjury that (1) the above information in your Notice is accurate, and
(2) that you are the owner of the copyright interest involved or that
you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
If you have a copyright related inquiry, please contact:firstname.lastname@example.org
10. YOU ACKNOWLEDGE AND WARRANT THAT THE COMPANY HAS NOT INSTIGATED AND/
OR FORCED YOU TO DEPOSIT MONEY IN THE COMPANY ACCOUNT IN RETURN OF JOB
GUARANTEE OR ASSURED PLACEMENT.
For mobile application users
Company aim to provide you with the Service at all times. However
Company as a service provider contract third parties for facilities and
components to enable the provision of the Service to you. Company can
make no promises or warranties, express or implied as to the Service,
including without limitation, speed, access, its accuracy, relevance or
quality and cannot be held responsible for network connectivity problems
including, but not limited to, mobile phones and the internet, which
may occur and are outside our control.
Therefore the Service is provided on an "as is" and "as available" basis
and Company make no warranties or representations, whether express or
implied, in relation to the Service, including but not limited to
implied warranties or conditions of availability, speed,in completeness,
accuracy, satisfactory quality and fitness for a particular purpose.
You acknowledge that:
Company reserves the right to refuse membership to particular mobile phone numbers or users without reason.
- The service is designed to locate the phone
of a person. For the service to work, the phone has to be switched on
and within network coverage.
- This mobile application when launched, tracks
user's movement through GPS (Global Positioning System) and sends
location information to the server. It also displays user's current
location on the Google map. User can send SOS alert to server by
pressing panic button of the mobile application.
- it is technically impossible to provide the Service free of faults and that Company do not undertake to do so;
- faults may lead to temporary unavailability, a malfunction of the Service;
- the results that may be obtained from the use of the Service may include inaccuracies or typographical errors.
- the operation of the Service may be adversely
affected by conditions and performances outside our control, including
without limitation, transmission and telecommunications links between us
and you, between different parts of our service, and between us and
other systems and networks.
- that some of the information, is supplied to
us by third parties and accordingly Company offer no warranty of
whatever nature in relation to such information.
- that the Service may, from time to time, be
adversely affected by events outside our control, including, but not
limited to, congestion, network coverage and dropped connections. These
adversely affected events may result in a message or instruction not
being received by us or by your contacts. In no event shall Company be
liable for any loss, damages, consequence or cost as a result of us, or
your contacts, not receiving a message
- Company do not control the content posted via
you or other users on the Service and as such, do not guarantee the
accuracy, integrity or quality of such content. By using the Service,
you acknowledge that you may be exposed to content that is offensive or
objectionable. Under no circumstances will Company be liable in any way
for any content or any damage incurred as a result of you accessing any
content posted or otherwise transmitted via the Service.
- that Company may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that location positions and/or messages or
other content will be retained by the Service ,
- that the Service will only operate if (i)
your phone's caller line identification (CLI) is recognized (in other
words, that the "Own number sending" option is enabled on your phone)
and (ii) that you are able to make a call on the phone in question (in
other words, that you have enough credit on your mobile phone account to
initiate a call).
- that if you replace your mobile phone and
your phone number changes, you must register the change on the website
to enable the use of the Service from your new phone.
- that Company is obtaining your location from
the relevant Network Provider. Accordingly, by registering you authorize
the relevant Network Provider to release and deliver location
information to Company in accordance with the provisions of the Data
Protection Act 1988.
- Your location will be used to provide, map
and text location information to your list of contacts or the requestor
identifying the location of your mobile phone or location device.
- Company is not responsible for any failure to
deliver Content to you if your mobile phone is not switched on or is
not configured correctly, your answer is not in the correct format, your
mobile phone is not within coverage or for any other reason cannot be
reached, you have a bar on text/WAP/Java services, you are a prepaid
subscriber and you have run out of calling credit, your message mail box
or phone memory is full or for any other reason which is out of our
control or out of the control of any third party delivering the Content.
- that access to and delivery of the Content
and performance and message transmission response times are subject to
the enabling technology on which the Content is based and may be
adversely affected by network performance and other operational factors
beyond our control, including, without limitation, congestion, network
coverage, dropped connections and the performance of wireless enabled
To sign up to access all areas of the Web site, you must complete the
registration process by providing us with true, accurate, current and
complete information about yourself as prompted by the Registration
Form. You will then be send a password to your specified e-mail address
and to your mobile phone.
Information you supply will be stored in our database, and the
information is not released to any third party unless previously
authorized by you. Our database resides behind firewalls in order to
protect against the loss, misuse and alteration of the information under
our control. We have taken preventive measures to restrict access to
sensitive data, as well as to detect and prohibit certain connections
and operations by unauthorized users. While our measures are in line
with industry standards, no claim is made as to the impenetrability of
the system or its resilience to future attacks.
As a Member, you agree that:
11. Limitation of Liability
- You will not use your account (or permit any
other party to) in an unauthorised, unlawful, improper or fraudulent way
or for criminal activities or to send nuisance, abusive, deliberate
hoax, indecent, racist, defamatory or otherwise objectionable or
- You will use the mobile application service in a manner consistent with any and all applicable laws and regulations.
- You will not engage in advertising to, or
solicitation of, other members to buy or sell any products or services
through the Service.
- You will not create a false identity for the
purpose of misleading others as to the identity of the sender or the
origin of a message, including, but not limited to impersonating a host
or another user.
- You will not transmit, upload or post any
material which is defamatory, offensive, racist, vulgar, llibellous or
of an obscene or menacing character, or in such a way as to cause
annoyance, inconvenience or needless anxiety.
- You will not use the services as a means to
threaten, stalk, harass, abuse, or otherwise insult other users or to
collect or store personal data about other users.
- You are solely responsible for your interactions with your contacts and other members.
- It is your responsibility to obtain
permission from your contact to add them as contacts and to obtain their
permission to be contacted in the event of activation of the service by
- You will comply with any instruction Company
give you in the use of the Service. Company cannot be responsible for
the delivery of the service if you have not followed such instructions.
- You will only use the Service in accordance with these Terms and Conditions
- It is your responsibility to keep your
details up to date including but not limited to your contact list, alarm
messages and address details. (Company recommend that you test the
service periodically in accordance with our test procedure)
- It is also your responsibility to ensure that
contact details of your contact list is accurate. In no event will
Company be liable for any direct, incidental, consequential, or indirect
damages (including, but not limited to, damages for loss of data, loss
of programs, cost of procurement of substitute services or service
interruptions) arising out of the usage of inaccurate data.
- You are entirely responsible for maintaining the confidentiality of your password and account.
- You are entirely responsible for any and all
activities that occur under your account. Company will not be liable for
any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by Company or another party
due to someone else using your account or password
IN NO EVENT SHALL THE COMPANY,
AFFILIATES, ITS OR ITS SUPPLIER'S SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON ANY OF THE COMPANY'S SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY OF THE
COMPANY'S SITES AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE ENTIRE LIABILITY OF
COMPANY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CLAIM OR CAUSE OF
ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL
NOT EXCEED THE LESSER OF THE REGISTRATION FEES PAID OR CAUSE OF ACTION
OR ONE HUNDRED RUPEES FIFTY ONLY (RS. 50/-).
Be sure to refer to the TOU regularly, since they
change, and they do govern your relationship to the Company. The TOU
constitute the entire agreement between you and the Company and govern
your use of the Service. The TOU and the relationship between you and
the Company shall be governed by the laws of the country of India
without regard to its conflict of law provisions. The failure of the
Company to exercise or enforce any right or provision of the TOU shall
not constitute a waiver of such right or provision. If any provision of
the TOU is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the
other provisions of the TOU remain in full force and effect.