Terms and Conditions
You hereby represent and warrant to the Company that you are at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to use or avail the Service. You are responsible for all or any activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading or downloading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number. Any such illegal or fraudulent use may render you liable under civil and/ or criminal action along with quasi-judicial enquiry, if any, including but not limited to equitable remedies, injunctions, etc., and all other remedies available at the recourse of Name of the Company Website or Mobile Application. Name of the Company also reserves the right to reverse illegitimate and/ or fraudulent activities done by you at any time.
The Website or mobile application are directed solely at those who access the Website from the Republic of India. The Site makes no representation that contents available or otherwise suitable for use outside the Republic of India. If you choose to access the Website or mobile application (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
Copyright and Trademarks
Unless otherwise expressly agreed, the copyright and all intellectual property rights in all material presented on the website (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the intellectual property of the Company and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Company; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site/Service, including without limitation, the size, color, location or style of Company ‘s marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
Limited Permission to Copy
The Company grants you an exclusive permission to only access and make personal use of the Site and You, agree that without permission in writing from the Company, shall not, directly or indirectly, download or modify/alter/change/amend/vary/transform/revise/ translate/ copy/ publish/ distribute or otherwise disseminate Company’s Site/Service, or any portion of it. You are permitted to print or download extracts from these pages for your personal, non-commercial use only. Any copies of these pages saved to system, or hard disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use.
The Company forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any information/content; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any third party; or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the content/information/pages from this Site.
Membership fees/ Subscription Charges
The Company at all times reserves the right to impose a subscription charge and / or membership fees from a User, by giving reasonable prior notice, in respect of any Service, provided under this Site or any other aspect of this Site.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to the Company certain personal information as required under the Account creation section. You agree to maintain in bona fide accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Company’s termination of these Terms with you. You are responsible for all or any activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account. You shall not use the Company Website or Mobile Application for any illegal or fraudulent purposes barred by law or in general including creation of multiple accounts. Any such illegal or fraudulent use may render you liable under civil and/ or criminal action along with quasi-judicial enquiry, if any, including but not limited to equitable remedies, injunctions, etc., and all other remedies available at the recourse of Company Website or Mobile Application. Company also reserves the right to reverse illegitimate and/ or fraudulent purchases by you at any time even after the purchase of Offers/ Deals by you in addition to the right to further disable your use or cancel your account.
Right to Transfer
The right to use this Website or mobile application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password(s), if any. The User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Company, and Company shall not be held responsible for any data lost or misused by a third party while transmitting information on the Internet in any manner whatsoever.
Not on Uninterrupted Basis
While it is Company’s objective to make the Website or mobile application accessible at all times, the Website or mobile application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Company, access to the Website or mobile application may be interrupted, suspended or terminated from time to time. Company reserves the right, in its sole discretion, to terminate the access to any or all Company website(s) and the related services or any portion thereof at any time, without notice. Company shall also have the right at any time to change or discontinue any aspect or feature of the Website or mobile application, including, but not limited to, content, graphics, Offers, settings, hours of availability and equipment needed for access or use. Further, Company may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
User’s Responsibility: The Services and use of the website or mobile application do not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this Website or mobile application and all charges related thereto. Company shall not be liable for any damages to the User’s equipment resulting from the use of this Website or mobile application.
The User undertakes without limitation, not to use or permit anyone else to use the Service or Website or mobile application:
a.) to upload, present, send or receive any information for which you have not obtained all necessary license and/ or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability or otherwise be contrary to the law of or infringes the rights of any third party in any country in the world;
b.) to upload, present, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
c.) to intercept or attempt to intercept any communications transmitted by way of a telecommunication system;
– for a purpose other than for which we have designed them or intended them to be used;
– for any fraudulent purposes; or
– in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
d.) to upload, present, send or receive any material, which is not civil or tasteful.
e.) to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libelous nature of any person or entity, in contempt of Court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights; or
f.) to cause annoyance, inconvenience or needless anxiety.
The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
a.) resell the Services or Site;
b.) furnish false data;
c.) attempt to circumvent our security or network including but not limited to accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
d.) access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
e.) execute any form of network monitoring which will intercept data not intended for you;
j.) use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
k.) use in an unauthorized manner, or forge, mail header information;
l.) engage in any unlawful or criminal activity in connection with the use of the Services and/ or the Site; or
m.) copy or use any User Content for any commercial purposes; or
n.) engage in any frivolous act that hampers the goodwill and brand reputation of Company or its Website or mobile application in any manner whatsoever.
he User shall not use this Website or mobile application to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website or mobile application to become users of other online or offline services directly or indirectly competitive or potentially competitive with Company.
Material Posted/transmitted at Company’s Site
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify Company or its affiliates for all claims arising out of any content /Images that you post on the Site.
Company accepts no responsibility for the said Content / Images, However, you understand that all Content / Images posted by you becomes the property of Company and you agree to grant/assign to Company and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world”
In addition, you represent and warrant that:
- You have the full power and authority to enter into and perform under these Terms,
- You will comply with all applicable laws in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of the Site and
- You own or otherwise have all rights necessary to license the material/ content you submit and that the posting and use of your material / content by Company will not infringe or violate the rights of any third party, whatsoever.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
The User expressly agrees that use of the Website or mobile application is at the User’s sole risk. Neither Company nor any of their respective employees, agents, and third party content providers warrant that use of the Website or mobile application will be uninterrupted or error-free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website or mobile application, or (ii) the accuracy, reliability or content of any information, Service provided through the Website or mobile application.
The Website or mobile application are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
We do not give any warranty that the Services or the Website or mobile application are free from viruses or anything else which may have a harmful effect on any technology.
We reserve the right to change, modify substitute, suspend or remove without notice any information or Service from the Website or mobile application forming part of the Service from time to time. Your access to the Website or mobile application and/ or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate.
We reserve the right to block access to and/ or to edit or remove any material, which in our reasonable opinion of Company may give rise to a breach of this Agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that Company is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
In no event shall Company, or any Business Associates/ Employees, Third Party Content Providers, Third Party Advertisers or Third Party Service Providers, producing or distributing the Website or the contents hereof, mobile application and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or mobile application. The User hereby acknowledges that the provisions of this Clause shall apply to all contents on the Website and mobile application.
In addition to the terms set forth above, neither Company, nor its Subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our associated banking partners from time to time.
Company shall not assume liability for any errors or omissions in any material / content , or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or for any infringement of another’s rights, including intellectual property rights or for any content sent using and/or included in Company ‘s site by any user.
Under no circumstances will Company be held responsible or liable, in any way, for any content which in Legal opinion / Company ‘s opinion and/or other user’s opinion is derogatory, threatening, lewd, lascivious, filthy, excessively violent, defamatory, obscene or offensive or offends public sensibilities or morals, etc and will Company be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability 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 or uploaded on the Site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that Company is not responsible for any content sent using and/or included in Company ‘s site/service by any third party.
However, Company reserve the right, but have no obligation, to monitor interactions between you and other users of the Site and take any other action in good faith to restrict access to or the availability of any material / content that it or another user of the Site may consider to be derogatory, threatening, lewd, lascivious, filthy, excessively violent, defamatory, obscene, offensive, offends public sensibilities or morals or otherwise objectionable. In addition, Company may, in its sole and unfettered discretion, edit, remove or delete any material /content that you upload, post, download, transmit, submit or otherwise make available for uploading, posting, downloading etc, within the Site.
Termination of Account
You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account.
Time Limit for Filing Claims
You agree that for any cause of action arising out of or related to the Company’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
User Conduct, Obligations and Prohibited Activities
You hereby agree and assure Company that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Service indulge in the following prohibited activities:
- You shall not host, display, upload, modify, publish, download, transmit, update or share any information on the Site, that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
- Delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
- Not use the Site/Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Company’s server, or the network(s), computer systems / resource connected to any TCompanyserver, or interfere with any other party’s use and enjoyment of the Site/Service;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
- Engage in any activity that causes / may harm minors; or
- Perform any activity which is likely to cause such harm;
- Impersonate any person or entity, including, but not limited to, Company’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Take any action which encourages or consists of any threat of harm of any kind to any person or property;
- carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
- Make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
- use the Site/Service for illegal purposes;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Companywebsite or the website of any Company’s customer;
- transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
- collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
- engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
- upload, post, download, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation.
- encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
- make any representation or warranty on behalf of Company.
Material Submitted by Users
Certain elements of the Site will contain material submitted by users. Company accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless Company against all third party claims, demands and actions brought against Company which arises from or relates to the material submitted by you.
By posting material on or through this Website or mobile application, the User shall be deemed to have granted to Company, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the material alone or as part of other works in any form, media, or technology whether now known or hereafter developed.
Companymay send information and offer products and services to you from time to time. Notwithstanding the foregoing, Companyreserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Company.
Further, Companycan (and you authorize Companyto) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right’s owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
You agree to defend, indemnify and hold Companyharmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys fees, incurred in connection with any suit or proceeding brought against Companyarising out of your use of the Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify Company, Companywill have the right, in its sole and unfettered discretion, to control any action or proceeding and determine whether Companywishes to settle it, and if so, on what terms.
Company may terminate this Agreement at any time. Without limiting the foregoing, Company shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which Company, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement.
Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Companyand you shall have no authority to bind Companyin any manner, whatsoever.
Without prejudice to any other provision herein, Company shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond Company’s control, including, without limitation, acts of the User, embargo or other Governmental act, regulation or request affecting the conduct of Company’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.
User agrees and acknowledges that the views expressed on the website are purely of the authors/ writers. The website is acting as a platform for viewers and does not at any time warrants, solicit, promote the views of any person uploading the views.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
If any provision of this Agreement is held invalid by a Court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Right to remove inappropriate messages
We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Notice of Copyright Infringement
Company is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement.
The above disclaimers apply equally to your use of Website and all Media. Without limiting the above, Company is not liable for matters beyond its reasonable control. Without limitation, Company does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.
Name: Laxman Singh Bhandari
Address: 56-A, Red Flats, Punjabi Bagh West, New Delhi 110026
Time: 10:00 am to 5:00 pm (Monday – Firday)