Terms & Conditions

13th February 2018
Welcome to FASTRA Messenger

FASTRA Messenger is operated by Fastra Corporation PVT LTD

The following Terms & Conditions constitute a binding legal agreement (the “Agreement”) between user and Fastra Messenger. (hereinafter referred to as “Fastra Messenger”/“Fastra Corporation”/“we”/“us”/“our”), (which expression shall include its successors and assigns), setting forth the terms and service (“Terms”) under which the Fastra Messenger (the “Application”) and any related services will be licensed to You by Fastra Messenger.

Fastra Messenger provides messaging, uploading images, and other services to users across the world. Please read our Terms & Conditions so you understand Fastra Messenger and its usage. You agree to our Terms & Conditions (“Terms”) by opting to “I agree to the Terms & Conditions during installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

Fastra Messenger Application:

The Fastra Messenger Application and related services are currently made available to user by Fastra Corporation at free of charge.

Application Stores:

The Application can also be downloaded from third party application stores including Google Play store, and Apple App store. You agree to comply with all third-party terms and conditions & privacy policy, if any, applicable to the use of the application or related services. Fastra Messenger shall not be responsible for violation and infringement of any third party right, terms and conditions in connection with access, download or installation of the application by you.

License:

Subject to the terms and services of the terms Fastra Messenger shall grant user a license to use the application and related services provided that (a) User shall use the application solely for user’s personal and lawful use only; (b) User will not, nor allow third parties on user behalf (i) To resell or charge others for use of the application (ii) To duplicate, disassemble, decompile, transfer, exchange or translate the application, create derivative works of the application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the application.

REGISTRATION:

User must register for our services using accurate data, provide user current mobile phone number (To register in the application and to receive OTP for the registration process). User agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our services.

Address Book:

User must agree to provide access to phone contacts and in Fastra Messenger contacts are divided in to Fastra Contacts (Contacts using Fastra Messenger, you can send SHOUTOUT to them) and Phone Contacts (User can INVITE non users to Fastra Messenger). When user invite phone contacts and or send messages to user contacts, the invite/message to user contacts may appear as an SMS/ message from user name/the mobile number.

Age:

User must be at least 13 years old to use our services (or such greater age required in user country for you to be authorized to use our services without parental approval). In addition to being of the minimum required age to use our services under applicable law, if you are not old enough to have authority to agree to our Terms in user country, user parent or guardian must agree to our Terms on user behalf.

Content:

User shall be solely responsible for all the content that user upload, transmit, share or display through the application, but does not limit on putting up any photos, profiles (including user name and image), messages, information, text. Fastra Messenger does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any content and user shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the content.If a user uploads any image which is obscene, racial, inappropriate and that might hurt the public on any grounds, then Fastra reserves the right to terminate the page or the user from the application.If multiple users report on the same content as inappropriate uploaded by any user, also then Fastra reserves the right to terminate the page or the user from the application.. User further agree that content you submit to the service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or user, otherwise Fastra Messenger will transfer that content to rightful owner at any time without notice.User should not create any fake profiles/pages of famous celebrities,clones of officially owned pages and upload any inappropriate pictures of an individual on Fastra messenger. On creating and violating this rule will give us the right to terminate those pages from Fastra messenger.

Advertising Content:

Fastra Messenger may include advertising or commercial content. User agrees that we are allowed to integrate, display and otherwise communicate advertising or commercial content in Fastra Messenger and that (where reasonably practicable) we will identify paid such advertising or commercial content.

Devices and Software:

You must provide certain devices, software, and data connections to use our services, which we otherwise do not supply. For as long as you use our services, you consent to downloading and installing updates to our services, including automatic updates.

Limitation of Liability:

To the maximum extent permitted by applicable laws, under no circumstance shall Fastra messenger or its directors or employees or agents be liable to user or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup user data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of application, or following a failure, suspension or withdrawal of all or part of the application at any time, any third party content, software or functions used in connection with the application even if Fastra Messenger or any or all of its agents have been advised of the possibility of such damages.

Indemnification:

You agree to indemnify, defend and hold harmless Fastra messenger, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) User access to or use of the Application, Site and related services; (ii) Any breach by user of user obligations under this Agreement; (iii) User violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) Any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) User negligence or willful misconduct. These obligations will survive termination of this Agreement.

Modifications to the Application:

Fastra Messenger reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to user), modify or discontinue, temporarily or permanently, the site, application (or any part thereof) with or without any notice. User agrees that Fastra Messenger shall not be liable to user or to any third party for any modification, suspension or discontinuance of the application or the site.

Termination:

This Agreement commences on the date user accept the Terms of this Agreement. Fastra Messenger may terminate or suspend use of the Application or the Site at any time in its discretion, without notice to user. Upon any termination for any reason, Fastra Messenger shall have no liability to user and no further obligations under this Agreement. Immediately upon termination, (a) the rights granted to user herein shall terminate; (b) You must cease all use of the Application and related services. Fastra Messenger reserve the right to terminate the fun group, at any time, without notice if there is any legal problem or someone claims the group with appropriate proof. Fastra Messenger reserve the right to suspend or withdraw this Application, at any time, without notice. Additionally, user rights under this Agreement will terminate automatically if user fail to comply with any Term(s) of this Agreement including misuse of the Application or the Site. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement. Termination is not limited to the above mentioned points, it also reflects if there os any kind of violation on Fastra Messenger.

Entire Agreement:

User acknowledge that user have read this Agreement, understand it and agree to be bound by its terms and services. User also agree that this Agreement read with the terms of the Privacy Policy is the complete and exclusive statement of the Agreement between Fastra Messenger and user and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between Fastra Messenger and user relating to the subject matter of this Agreement.

Legal and Acceptable Use:

User use of the Application or the site will comply with all applicable local, state, national or international laws (“Laws”) and will not violate any law, regulation, or contractual obligations, and further. User must access and use our Services only for legal, authorized, and acceptable purposes. User will not use (or assist others in using) our Services in ways that: (a) Violate, misappropriate, or infringe the rights of Fastra Messenger, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) Illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes. (c) Involve publishing falsehoods, misrepresentations, or misleading statements. (d) Impersonate someone. (e) Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, autodialing and similar functions. (f) Involve any non-personal use of our services unless otherwise authorized by us.

Governing Law:

The laws of India govern our agreement, as well as any disputes, whether in court or arbitration, which might arise between Fastra Messenger and User, without regard to conflict of law provisions.

Disclaimers:

User will use our services at user’s own risk and subject to the following disclaimers. we are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. you release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Fastra Messenger parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. you waive any rights you may have under civil code, or any other similar applicable statute or law of any other jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Contact Fastra Messenger:

If user have any questions or concerns about this or its implementation, user may contact us on the following
E-mail: contact@fastramessenger.com