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Last updated: Dec 16, 2021
Your use of our services is governed by these terms of service. You agree to be bound by these terms on your usage of our 'products', 'services', 'contents' and 'site'. You have to click 'accept button' to use some of the service. You accept the terms of agreement
1.by expressly agreeing to the terms of agreement by clicking accept button showing acceptance to the terms of agreement or
2.by 'usage' of our sites, products, contents and services of the Organisation.
This will apply even if you have not read this term of service.
Some of the terms used in 'terms of agreement' defined.
The agreement in detail.
Organisation reserves the right to remove any Content from the Site at any time, or to terminate Subscriber's right to use the Services or access the Site, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Organisation is concerned that Subscriber may have breached the terms of this paragraph), or for no reason at all, subject to the provisions of paragraph 14 (Termination).
Subscriber is responsible for all of its activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of Subscriber's right to use the Services or to access the Site. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including materials that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.
Subscriber will not run any form of auto-responder, or 'spam' on the Site, or any processes that run or are activated while the Subscriber is not logged in.
Subscriber acknowledges and agrees that Organisation has no special relationship with or fiduciary duty to Subscriber and that Organisation has no control over, and no duty to take any action regarding:
Further,
if Subscriber is an advertiser, Subscriber is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to Subscribers.
IN RESPECT OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE, ORGANISATION MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY. Organisation will not be liable for the privacy of phone numbers, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Organisation's equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber's use of the Services.
(i) select or use as a User ID, a name of another person with the intent to impersonate that person;
(ii) use as User ID a name, subject to any rights of a person other than Subscriber, without appropriate authorization;
(iii) register for the Services using more than one Organisation User ID.
Organisation reserves the right to refuse registration of, or cancel a User ID in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s password.
Some of the products, services or contents may require the subscriber to make payment or fees to use, purchase, obtain such products, services or contents.
The subscriber agrees to pay all the fees and payments due from him.
The Organisation reserves the right to change the fees or payments rate.
The Organisation reserves the right to remove subscribers whose payments are due past 6 months.
(i) backend of software, scripts provided by the Organisation, software script versions unless the Organisation itself has released the backend details or version details.
(ii) text, documents, guidelines, video, audio etc developed by the Organisation unless universally made available by the Organisation.
(iii)Reports and statistics provided by the Organisation which are not universal.
(iv) Any special user name, password, customer id that the Organisation provides to access the products, services and contents.
(v) Any other information designated by the Organisation as confidential.
Notwithstanding anything contained above confidential information does not include.
i) information that is publicly available without any breach by the subscriber but does not include pirated items,
ii) Information which has been developed independently without the requirement of the Organisation’s provision of information.
iii) Legal information which is required to be disclosed by law.
iv) Information which ought to be disclosed by the subscriber to use the service, products and contents provided by the Organisation which but for such disclosure will make the use of service, product and contents redundant.
v) Information rightfully received by subscriber from a third party.
vi) Any other information which is accepted by the Organisation as rightful for disclosure.
13. INFORMATION RIGHTS: - Subscriber agrees to the 'Privacy Policy' followed by the Organisation.
14. TERMINATION: - Either party may terminate the Services at any time by notifying the other party by any means. Organisation may also terminate or suspend any and all the Services or Products and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non -cancellable. Upon termination of the Subscriber's account, Subscriber's right to use the Services will immediately cease and
Subscriber will remove all Organisation code or script (if any provided) from Subscriber's websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability. The subscriber also agrees that the Organisation may also be terminated at any time or the ownership may be transferred to any other person if necessity arises without prior notice or liability.
(i) either the subscriber is the owner of the websites submitted by him or he is legally authorized by the owner to submit the websites for the purpose of this agreement.
(ii) subscriber has all necessary right, power and authority to enter into this agreement and to perform the acts hereunder.
(iii)subscriber further represents and warrants in respect of the websites, contents, products and services that he has submitted that
(a) they comply with all applicable laws, rules, circulars, notifications, statutes, ordinances and regulations;
(b) they do not breach or have not breached any duty or right of any person or entity, intellectual property right, publicity rights, privacy rights or duties under consumer protection acts or any other right or duty.
(c) they are not hate-related in content.
(d) they are not pornographic content.
16. LINKS AND FRAMES: - The Service may provide links to 'third party sites' Your use of these third-party sites is governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. Because we have no control over such sites and resources, you acknowledge and agree that the 'parties' are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, links or other materials on or available from such sites or resources. You further acknowledge and agree that the parties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services, links, other third-party sites available on or through any such site or resource.
17. MISCELLANEOUS: - This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of INDIA framed from time to time, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Each provision of this Agreement is intended to be severable. If any term or provision hereof shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity and enforceability of the remainder of this Agreement. You may not assign, voluntarily or otherwise, any rights or delegate any duties under this Agreement without Site owner’s prior written consent, and any attempt to do so without that consent will be void. The site owner may assign this agreement, products, services, content & site to a successor in interest in connection with a change of control, a sale of substantially all of its assets, or other reorganization transaction. The section headings used herein are for convenience only and shall not be given any legal importance. The parties shall attempt to resolve any controversy or claim arising out of or relating to the creation, performance, termination and/or breach of this Agreement in the first instance through good faith negotiation or mediation between the parties. Any claims or disputes arising from or related to this Agreement shall be resolved through binding arbitration under the laws of India framed from time to time and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, and solely with respect to breaches or threatened breaches of this Agreement, either party to this Agreement may seek a temporary restraining order and injunction to protect its legal rights or interests, without the need to post bond in any court having jurisdiction. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Organisation in any respect whatsoever. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Organisation, site owner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Organisation or site owner will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Organisation, site owner also reserves the right at any time to modify the terms of agreement, keeping in view the rights, duties and liabilities of the ‘parties. You agree to be bound by the modified terms of the agreement, if any, which will be posted in the same link.