Terms of Service

  • By using the FondMemories.in web site ("Service"), a service of OSMOS Multimedia Pvt. Ltd. ("OSMOS"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). OSMOS reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

    1. Account Terms:

      1. When signing up for an account, you must provide your legal full name, a valid e-mail address, and any other information requested in order to complete the signup process. When signing up for a paid memories, you must provide the legal full name, valid death certificate or scanned copy of an memories published in any newspaper in India showing the full page, your correct billing information, and any other information requested in order to complete the Create memories process.

      2. Accounts registered by “bots” or other automated methods are not permitted.

      3. An individual user login may only be used by one person – a single user login shared by multiple people is not permitted. You must have a user license (“seat”) and an individual user login for each person using the system.

      4. You are responsible for maintaining the security of your account and password. OSMOS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

      5. You are responsible for all text, images, video, sound, data and other materials posted and activity that occurs under your account, even when Content is posted by others who are sharing your pages (such text, images, video, sound, data and other materials shall be collectively referred to as the “Content”).

      6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

      7. You must be 13 years or older to use this Service.

      8. Violation of any of these agreements will result in the termination of your Account.

      9. The term for the memories Service shall commence on the date that payment is made to FondMemories.in, and continue until terminated as provided in these Terms of Service.

    2. Payment, Refunds, Upgrading and Downgrading Terms:

      1. The fee or charge associated with the Service is billed in advance for a five year basis and is non-refundable (the "Service Fee"). There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.

      2. You must notify OSMOS of any change to your billing information before the next billing cycle.

      3. The Service Fee is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only those taxes based on the net income of OSMOS.

    3. Cancellation and Termination:

      1. You may cancel your account at any time.

      2. Once an account is cancelled, OSMOS reserves the right to delete any associated data at any time.

      3. If you cancel the Service before the end of your current paid term of Five (5) Years, your cancellation will take effect immediately; however, no refund or prorate will be issued.

      4. OSMOS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other OSMOS service, for any reason at any time.

    4. Modifications to the Service and Prices:

      1. Prices of all Services, including but not limited to any subscription plan fees to the Service, are subject to change upon 30 days notice from OSMOS. Such notice may be provided at any time by posting the changes to FondMemories.in or via e-mail.

      2. OSMOS reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice.

      3. OSMOS shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

    5. General Conditions:

      1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

      2. Subject to the provisions of these Terms of Service, OSMOS grants to you, and you accept, a non-exclusive, non-transferable, limited license to use the Service. Except for the license granted in this section 5.2, User acknowledges that it acquires no other rights to the Service and that all right, title and interest in and to the Service shall remain with OSMOS Multimedia Pvt Ltd.

      3. You hereby grant OSMOS a royalty-free, worldwide license to use, display and publish the Content solely for the purposes of providing the Service. Except for the rights expressly provided in this section 5.3, nothing contained herein will give OSMOS any right, title, or interest in or to the Content. You acknowledge that OSMOS may compile certain general information related to your use of the Service. You agree that OSMOS is authorized to use, reproduce and generally make such information available to third parties in the aggregate, provided that your information shall not include personally identifiable information about those that use the Service or be attributable to you. OSMOS shall have the right to list and name you and the memories you publish as a customer of the Service, including the limited right to share an memories you publish on Social Media, via Mail, via newsletter and/or any other media/format.

      4. You, not OSMOS shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Content. You represent and warrant to OSMOS that (a) Content is original to you or that the you have secured the rights to provide and use such Content; (b) Content does not contain any material that is unlawful, threatening, harassing, profane, tortuous, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy or publicity; (c) Content does not contain a virus or other harmful component; and (d) the provision of the Content to OSMOS and OSMOS’s use of the Content pursuant to this Agreement shall not violate any law, regulation or rule including, but limited to, the EU Data Protection Directive 95/46/EC.

      5. You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, OSMOS, or any other OSMOS service.

      6. You agree not to reproduce, duplicate, copy, sell, resell, make derivative works based on, decompile, disassemble, reverse engineer, translate or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by OSMOS.

      7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, or otherwise objectionable or violates these Terms of Service.

      8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OSMOS customer, employee, or agent will result in immediate account termination.

      9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

      10. You must not post or transmit unsolicited e-mail or “spam” messages using the Service.

      11. You must not post or transmit any worms, viruses, or any program of a destructive nature using the Service.

      12. OSMOS does not warrant that the service will meet your specific requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or any errors in the Service will be corrected..

      13. YOU EXPRESSLY UNDERSTAND AND AGREE THAT OSMOS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OSMOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

      14. The failure of OSMOS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OSMOS and govern your use of the Service, superseding any prior agreements between you and OSMOS (including, but not limited to, any prior versions of the Terms of Service). The following provisions of these General Conditions shall survive termination or expiration of the agreement created by these Terms of Service: 5.3, 5.5, 5.6, 5.13, 5.15, 5.16, and 5.17.

      15. Nothing in these Terms of Service shall be construed to create a partnership or joint venture. This Agreement shall be governed by the laws of the State of Mumbai, Maharashtra, INDIA. The Service is provided by OSMOS from its offices within the Mumbai, Maharashtra, India. OSMOS makes no representation that the Service (or your use of the Service) is appropriate for use in other locations. You who are accessing the Service from other locations do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

      16. The agreement created pursuant to these Terms of Service is personal to you and you may not assign your rights, duties, or obligations to any person or entity without the prior written permission of OSMOS. However, OSMOS may assign the agreement created pursuant to these Terms of Service in whole or in part, without your consent in the case of a merger, acquisition, divestiture, consolidation, or corporate reorganization (whether or not OSMOS is the surviving entity).

      17. OSMOS may give notice by written communication sent by your email on record in FondMemories.in account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after e-mailing. User may give notice to OSMOS (such notice shall be deemed given when received by OSMOS) by letter delivered to OSMOS at the following address: R/66, RNA Arcade, Lokhandwala Mkt St, Andheri W, Mumbai 400053.

      18. You shall indemnify and hold OSMOS and its officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your breach of Sections 5.4, 5.5, 5.6, and 5.11 of the above General Conditions; provided that OSMOS (i) gives you prompt written notice of the claim; (ii) gives you control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless it unconditionally releases OSMOS of all liability and such settlement does not affect OSMOS); and (iii) provides you all available information and reasonable assistance.

  • Questions about the Terms of Service should be sent to the OSMOS Support Team on support@fondmemories.in