Terms and Conditions
Please read the following terms and conditions very carefully,as your use of our services is subject to your acceptance of and compliance with the terms and conditions,as well as theUser Rules.
1. Introduction
1.1 www.TumBhi.com,(" Website ") is owned by SEVENTH AUGUST IT SERVICES PVT LTD, a company incorporated under the Indian laws having its office at 403/404,FourthFloor,Weikfield IT Citi Infopark,Nagar Road,Pune 411 014,Maharashtra,Website offers facility to have your talent reviewed and published on the website,invite friends and explore opportunities (" Services "). The Various Services being provided will be updated from time to time,at intervals solely decided by the Company. The Company may add,amend,modify,or discontinue any Services from time to time,at its sole discretion.
1.2 By subscribing or accessing or using or contributing to any of our Services you,as a user,("User" or "You") agree that you have read,understood and are bound by the terms andconditions set out herein,including but not limited to any additional or amended terms or condition as applicable from time to time,regardless of how you subscribed to or use the services. These Terms and Conditions of use (" T&C ") and any additional terms posted on the Website together constitute the entire agreement between the Company and the User with respect to the use of this Website by the User. If you do not agree with/to any part of these T&Cs,You should not use or access this Website.
2. Interpretation
In the Terms:
2.1 The singular includes the plural and vice versa;
2.2 Hyperlinks which are not operational,will not in any way detract from the validity and interpretation of the Terms;
2.3 Account means your subscription account for use of the Company's Services;
2.4 Content means any information,data,text,software,music,sound,photographs,graphics,video,messages,tags and applications;
2.5 Privacy Policy means the privacy policy of the Company as set out in the Privacy Policy document.
2.6 Services means any content,product,software,downloads,website or other servicewhich we may provide from time to time including (without limitation) the services described in these Terms; access to resources,provision of communications tools,forums,shopping services,search services,personalized content and branded programming;
2.7 Service Charges means the charges levied by the Company for Services as determined by the Company from time to time.
2.8 Subscribe means your act of subscribing to a Service in any way including (without limitation) in writing,through the Internet or by telephone,and subscription has acorresponding meaning thereto;
2.9 Terms means the terms and conditions set out herein and includes the Additional Termsdescribed in clause 4 below;
2.10 Third Party Service means any service or content,whether related or similar to our Services,which is provided by us in collaboration with a third party; or which is provided to us by a third party to enable us to provide the Services; or which may be used by you in conjunction with our Services;
2.11 Use includes (without limitation) accessing,retrieving,downloading,buying,logging on to,contributing to,or viewing a Service,and user has a corresponding meaning;
2.12 User ID means any username,password,number or email address allocated to you or created by you when subscribing to or using our Services;
2.13 User Rules means our user rules set out in clause 28 below; and
2.14 The term We unless the context indicates otherwise,shall include the directors,officers,employees,suppliers,Internet Service providers,agents and affiliates.
3. Site and Content Ownership
Some of the content on the Website is owned by members,some of the content is owned by third party service providers,and some of the content is owned by the Company. In addition,the trademarks,logos and service marks ("Trademarks") displayed on the Website are registered and are the Trademarks of the Company,its affiliates and various third parties.Nothing contained on the Website should be construed as granting,by implication or otherwise,any license or right to use any of the Trademarks without the prior written permission of the Company,or such other party that may own the Trademarks. Any unauthorized use of such Trademarks is against the law and the User could be subjected to liabilities,civil and/or criminal.
4. Changes to Terms and Service Charges
4.1 We may change any or all of the Terms including (without limitation) the Service Chargesat any time without notice to you.
4.2 Any changes will become effective from the date we publish them on the relevant websites.
4.3 You agree to check this website and the Terms regularly for changes.
4.4 By continuing to use our Services after We make the changes,You agree to be bound by the T&C as amended.
4.5 If you do not accept the changed Terms,you must stop subscribing to the Service or accessing the Website,or stop using the Service.
5. Additional Terms
5.1 Some of our websites may contain additional rules,guidelines or terms (hereafter "Additional Terms").
5.2 By subscribing to or using our Services relating to those websites,you agree to be bound by,and comply with those Additional Terms as well.
6. Obligations of the User
6.1 The Website is for meant exclusively for the personal use of the User. Commercial usageof any type by the User of this Website is strictly prohibited. Unless otherwise specified,Usermay not modify,copy,distribute,transmit,display,reproduce,publish,create derivativeworks from,transfer or sell any information,software,product or service received from theWebsite or displayed on the Website.
Legal Right to Use:6.2 The User represents and confirms that the User is of a legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or any other applicable law.
Accessing the Website:6.3 In order to use the Website,User will need access to the necessary equipment (computer,modem,telephone,etc.,) to connect to the World Wide Web (the "WWW"),and the connection necessary to access the WWW. User will be solely responsible for accessing theWebsite and the fees for accessing the Website will exclusively be borne by the User. The User shall ensure that all such equipment and software are compatible with the Servicesconcerned prior to subscribing or using the same. The User will be required to take regularback-ups of his/her data and the Company shall not be liable for any such data lost orcorrupted.
Account and Password :6.4 Access to certain areas of the Site may only be available to registered members. To become a registered member,User may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. User represents and warrants that all information supplied to the Company in this regard is true and accurate and nothing material has been hidden.
6.5 If the User opts to register on the Website,upon completion of the registration process,the User will choose a member name and password. The User is responsible for keeping nameand password confidential. The Company recommends that the User memorize this information and not write it down. The User is solely responsible for all activity occurring through use of his/her account and/or password. The User agrees to immediately notify the Website and/or the Company of any actual or suspected unauthorized use of such accountand password. The Company will not be responsible for any financial loss,inconvenience,or mental agony to the User arising from failure to comply with the above.
Communication on the Website6.6 The Website may offer a host of communication channels such as email,chat,forums,bulletin boards,communities,blogs,personal journals and/or other communication facilities ("Channels") at its sole discretion. By way of example and not as a limitation,User agrees that when using Channels,User shall not:
a. Defame,abuse,harass,stalk,threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
b. Publish,post,upload,distribute or disseminate any inappropriate,defamatory,profane,infringing,obscene,indecent or unlawful topic,name,material or information
c. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless User owns orcontrols the rights thereto or has received all consents thereof as may be required bylaw
d. Upload or attach files that contain viruses,corrupted files or any other similar software or programs that may damage the operation of the Website,or any personscomputers
e. Delete any author attributions,legal notices or proprietary designations or labels in any file that is uploaded
f. Falsify the origin or source of software or other material contained in a file that is uploaded
g. Advertise or offer to sell any goods or services,or conduct or forward surveys,contests or chain letters,or download any file posted by another user of a forum that User knows,or reasonably should know,cannot be legally distributed in such manner
h. Violate any code of conduct or other guidelines,which may be applicable for or to any particular Channel
i. do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalized text,the use of inflammatory or antagonistic criticism ("flaming"),or wastefully and unnecessarily including previous communications in any postings;
j. propagate,distribute or transmit destructive code,whether or not damage is actually caused thereby;
k. repeatedly post gratuitous off-the-topic communications;
l. read and act upon any communication which was not intended to be received by You or fail to delete such communication;
m. gather personal or commercial information including (without limitation) email addresses and/or names from any Internet facilities,whether managed by us or by any third party,for commercial,political,charity or any other purpose without the consent of the owners of such information;
n. reproduce,replicate,copy,alter,modify,create derivative works of or sell or re-sell any of our Services or any part thereof including (without limitation) websites and web pages,or any Services that constitute the provision of telecommunications Services in terms of applicable legislation; or the information or data contained in our Services;
o. use robots,spiders,or any other device,be it automated or manual,to monitor or copy any content from the Services;
p. transmit Content that you do not own or do not have the right to publish or distribute,whether under law or contract;
q. access any of our Services or any similar service of a third party or any network without authorization or through hacking,password mining or any other means;
7. Duration
7.1 You are bound by the Terms:
7.1.1 from the earlier of the date on which you:
7.1.1.1 accept the T&Cs;
7.1.1.2 subscribe to a Service; or
7.1.1.3start using a Service; and
7.1.2 for as long as You subscribe to or use a Service.
7.2 If You have subscribed to a Service for a fixed term,the Terms will automatically continue to apply after the term has ended if you continue to use the Service after the expiry of the fixed term.
8. Termination
8.1 If You enter into an agreement with the Company for the use of any of the Services for a fixed term,You may not terminate that agreement before the end of the fixed term and any amounts paid by You for that term shall not be refunded.
8.2 If You do not subscribe to or use a Service for a fixed term,but You regularly make recurring payments under an agreement entered into with us,You may terminate the agreement relating to any individual Service by 30 (thirty) days' advance written notice to us at <<e-mail address>> or at the address posted on our website.
8.3 In all other cases,You may terminate this agreement by terminating your use of the Services.
8.4 The termination of the agreement will not affect any of our rights that:
8.4.1 arose before termination; or
8.4.2 by their nature survive termination.
8.5 We reserve the right to stop or suspend your subscription should your account become inactive. We will notify you of such intended action at your secondary e-mail address,if available.
9. Provision of Services
9.1 Disclaimer
9.1.1 We will always endeavor to provide the Services to the best of our ability.
9.1.2 You are,however,aware that the Services will involve transmissions over variousnetworks and that it will change to conform and adapt to the technical requirements of connecting networks and devices. There are also various other factors,which do not lie withinour control.
9.1.3 Under these circumstances then,We:
9.1.3.1 provide all Services "as is" and "as available"; and
9.1.3.2 do not warrant or guarantee that any Service:
9.1.3.2.1 is free of errors or interruptions and will conform with your timelines;
9.1.3.2.2 is always available and reliable;
9.1.3.2.3 is secure; although We take appropriate security measures against unauthorizedaccess to or unauthorized alteration,disclosure or destruction of data;
9.1.3.2.4 is fit for any purpose; or 9.1.3.2.5 does not infringe any third party rights.
9.1.4 You furthermore acknowledge and accept that We do not encrypt any Content or communications from and to our Site,and that we also do not provide digital authenticationof any page on the Site.
9.1.5 The Company also takes no responsibility and shall not be liable for any damages to yourcomputer equipment on account of any viruses that may infect your computer equipment while accessing/browsing the Internet and/or this Website.
9.1.6 The Company does not also endorse the accuracy of the information put up by the Service Provider on the Website and Users are requested to verify the accuracy of the sameprior to taking any action on the information provided by the Service Providers.
9.1.7 Subject to applicable law,use of this Website and Content is at the sole risk of User.Services made available on this Website are subject to conditions imposed by the ServiceProviders,including but not limited to tariffs,conditions of carriage,international conventionsand arrangements,and federal government regulations. Service Providers who furnishproducts or services through this Website are independent contractors,and not agents or employees of the Company. Under no circumstances,the Company shall be liable for anyservices provided to the User by the Service Provider.
9.1.8 In no event will the Company or its providers be liable to any party for any direct,indirect,special or other consequential damages for any use of this Website,any hyper linkedwebsite,the acts or omissions of providers who furnish products or services through thisWebsite,or the products or services offered by providers through this Website,whether based in contract,tort,negligence,strict liability or otherwise,that arises out of or is in anyway connected with(i) any use of,browsing or downloading of any part of our Website orcontent,(ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or ticketing),or (iii) the performance or nonperformance by Website and/or the Company or any service provider,or (iv) any damages orinjury caused by any failure of performance,error,omission,interruption,deletion,defect,delay in operation or transmission,computer virus,communication line failure,theft ordestruction or unauthorized access to,alteration of,or use of record,even if Website and/or the Company and the provider(s) have been advised of the possibility of damages to suchparties or any other party.
9.1.9 If,despite the limitation above,the Website and/or the Company or a Service Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above,then the Website and/or the Company and the Service Providers' liability will in no event exceed,in total,the sum of fees paid by You a User of the Services.
9.2 Content and advertisements provided as part of a Service:
9.2.1 You understand that advertising plays an important role in the provision of this Service,and that we will display advertisements and other information adjacent to or as part of theServices,which you may use.
9.2.2 We may periodically send promotional email(s) to you about services offered by ouradvertisers and ourselves.
9.2.3 Where We publish or provide Content or advertisements as part of a Service:
9.2.3.1 We do not:
9.2.3.1.1 warrant or represent that the Content or advertisements are suitable,accurate,correct,complete,reliable,appropriate,or lawful; or
9.2.3.1.2 endorse the Content or advertisements; and
9.2.3.2 You will obtain independent professional advice at your own cost before You take any action based upon such Content or advertisements.
9.2.4 Your correspondence or dealings with,or participation in promotions of advertisersthrough the Service,and any other terms,conditions,warranties or representationsassociated arising there from,lie between you and the advertisers. You agree that We shall not be liable for any loss or damage of any nature incurred as the result of any suchinteractions,or as the result of the presence of such advertisers on our Service.
9.3 Third party goods,software and Services
9.3.1 In many cases,we provide services of third parties,or our Services in conjunction withthat of third parties.
9.3.2 In those cases,the following conditions apply:
9.3.2.1 We provide such services subject to the terms,conditions and limitations imposed by those third parties.
9.3.2.2 If those third parties change,suspend or stop providing such services,We may similarly change,suspend or stop providing the Services to you without notice. We maynevertheless endeavor to provide such a Service in another way or by using another thirdparty.
9.3.2.3 You authorize us to provide any of your Personal Information (as defined in ourPrivacy Policy) to those third parties to the extent that it may be necessary to enable the third parties and ourselves to provide the Services to You.
9.3.2.4 To the extent that there is a conflict between the third party's Terms and Conditionsand these T&Cs,these T&Cs will prevail.
9.3.3 When You acquire goods,software or any other services from a third party through any of our Services,You understand and agree that:
9.3.3.1 We are not a party to the contract between You and the third party;
9.3.3.2 we are under no obligation to monitor the Third Party Service used by You;
9.3.3.3 the third party will be responsible for all obligations under the contract including(without limitation) delivery,warranties or guarantees;
9.3.3.4 You will evaluate the product,software or service and the applicable terms and conditions before acquiring the product,software or service; and
9.3.3.5 You indemnify us against any damages (as defined in clause __ below) howsoever arising from your acquisition and/or use of the goods,software or service.
9.3.4 We also reserve the right to reject or refuse any Third Party Service used by You in conjunction with our Services.
9.4 Suspension or termination of Services
9.4.1 We may suspend,interrupt,change or end any Service or any part thereof at any timefor any reason in our sole discretion without notice to You and without any liability to You.
9.4.2 We may widely publicize changes to the Services that apply generally.
9.4.3 We may also give You notice of any interruption of a Service due to maintenance.
9.4.4 We also reserve the right to change the software and hardware which is required to gain access to the Site without prior notice to You.
9.4.5 We reserve the right to suspend or terminate services to You,including the right to remove/block the content(s) posted/uploaded by You,without any prior notice to You,in the event,the content(s) violates any rules or guidelines of the Company.
9.5 Complaints
Complaints,if any,regarding our Services may be lodged with us at by clicking on the "contactus" link on the Site. The Company shall use its reasonable endeavors to resolve such complaints.
10. Service Charges and payment
In order to subscribe to certain Services,or to procure certain goods or services from the Company,You are required to enter into separate agreements with us on an ad hoc basis. Theterms and conditions of such agreements will be conveyed to You every time when You proceed to transact.
10.1 Guidelines for use of pay Services
10.1.1 Check before You subscribe to or use a Service
10.1.1 Before You subscribe to or use a Service You will check the amount of the Service Charges,and determine how and when you must pay these charges.
10.1.2 By subscribing to or using a Service,You:
10.1.2.1 agree to pay the Service Charges on the due date in the way specified,regardless of whether You use the Services or not; and
10.1.2.2 authorize us to perform a credit check at any time as we deem fit and provide yourPersonal Information (as defined in our Privacy Policy) to a credit bureau for this purpose.
10.2 How you pay Service Charges
10.2.1 You will pay:
10.2.1.1 recurring Service Charges monthly in advance by debit order on the first day of eachmonth; and
10.2.1.2 Other Service Charges as specified in any Additional Terms.
10.2.2 We may implement a new,or change an existing debit order for the Service Charges due by You against the bank account You provided to us.
10.2.3 If details of your bank account change,You will promptly provide us with the new details.
10.2.4 Unless stated otherwise in the Additional Terms or Service Terms,all Service Charges are payable in advance and are non-refundable.
10.3 Non-payment
10.3.1 If You fail to pay a debit order or other amount for any reason when due,we may:
10.3.1.1 suspend your subscription to or use of a Service;
10.3.1.2 terminate this agreement,and claim any amounts due to us; and/or
10.3.1.3 charge you interest at a rate of 2% above the prime overdraft rate of our bankers,ascertified by any branch manager of such bank whose appointment,qualification and authoritywe will not need to prove,calculated from due date to date of actual payment,both daysinclusive.
10.3.2 You will not:
10.3.2.1 withhold payment of any amount due to us by reason of any alleged breach of the Terms by us,or for any other reason; or
10.3.2.2 Apply set off in respect of any amount due to us.
10.4 Value-added tax and other taxes
10.4.1 If required by law,we may receive and claim payment from you in respect of any value-added tax or any other similar tax or levy imposed on the provision of the Services.
10.4.2 Unless stated otherwise,all Service Charges exclude value-added tax and other indirect taxes.
10.5 Reconnection Service charge
We may charge You an additional re-connection Service Charges if You request us to restore any Service,which was terminated,either at our instance or yours.
10.6 Changes to Service Charges
We may change the Service Charges from time to time as provided for in clause __ above.
10.7 Accounts
We may from time to time provide you with accounts,statements or invoices for amountsdue to us.
11. Your information
11.1 When You subscribe to or start to use a Service,if requested by us,You will provide us with documentary evidence of your name,residential and business or postal address,and,ifyou are a partnership firm or a company,a certified copy of your Partnership Deed or the Memorandum and Articles of Association also with the appropriate resolutions.
11.2 You warrant that all information about yourself that You supply to us at any time is true,current and complete.
11.3 You will inform us of any changes of information about yourself.
11.4 We may treat any misrepresentations by You as a fraudulent act unless You prove that the misrepresentation was unintentional.
11.5 You agree that,as long as You use or subscribe to a Service,We may collect and store your Personal Information as provided for in our Privacy Policy.
11.6 We agree to deal with your Personal Information in accordance with our Privacy Policy.
12. User IDs
12.1 Any username,password,number or email address allocated to you or created by you when Subscribing to or using our Services ("User ID") will entitle You to access the Services as long as You comply with the T&Cs.
12.2 Any User ID is personal to You and you are not to share the same.
12.3 You:
12.3.1 are responsible for all payments,use of,or activity on a Service under your User ID;
12.3.2 will not use a Service at any one point in time more than once under the same User ID (for example,you will not do "multiple log-ins");
12.3.3 are liable for any damage,loss or costs sustained by You,us or by any third party howsoever arising as a result of any actions by You or any third party using your User ID; and
12.3.4 Indemnify us against any claim howsoever arising from any use of your User ID by athird party or your breach of this clause 12.
12.4 While a User ID is personal to You,We own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a User ID.
12.5 You will also not retain any entitlements to your User ID once this agreement ends.
12.6 You will sign out from your account at the end of each session.
13. Intellectual property
13.1 For purposes of this agreement:
13.1.1 Intellectual Property Rights includes (without limitation) any and all rights,title and interest in and to (whether registered or not) any intellectual property,copyright,relatedrights,patents,utility models,trademarks,trade names,service marks,designs,know-how,trade secrets and inventions (whether patentable or not),goodwill,source code,meta tags,databases,text,content,graphics,icons,and hyperlinks and all other identical or similarintellectual property as may exist anywhere in the world and any applications for registrationof such rights which are all as such protected by domestic and international legislation andtreaties from infringement; and
13.1.2 downloads means any software,data,files or content retrieved,viewed ordownloaded by you through your Subscription to or use of a Service.
13.2 Downloads
13.2.1 We (or the appropriate third party) retain all Intellectual Property Rights to downloads.
13.2.2 You will not,unless with our express consent or that of the third party author:
13.2.2.1 sell or otherwise transfer any downloads to any third party;
13.2.2.2 appropriate the downloads in whole or in part for whatever purpose;
13.2.2.3 decompile or reverse engineer the downloads,or reduce the downloads to anyformat other than the format in which they were delivered;
13.2.2.4 incorporate the downloads into any other Content for whatever purpose;
13.2.2.5 remove any legal notices (copyright,trademark or other proprietary rights notices) inor on the Service; or
13.2.2.6 Frame any portion of the web pages that are part of the Service.
13.3 Copyright
13.3.1 You may retrieve,store,cite or refer to or print Content from any of our websites foreducational,research,non-commercial,private or personal use only as provided for underIndian law.
13.3.2 You may not reproduce,publish,perform,broadcast,make an adaptation of,sell,lease,offer or expose any copy of any Content in respect of which we own the copyrightwithout our consent,or in the case of the Content of a third party author,without his or her consent.
13.3.3 You acknowledge that we own the right,title and interest in and to the Servicesdeveloped and provided by us,the system which provides the Services and all softwareassociated with the Services,as well as all Intellectual Property Rights thereto.
13.3.4 You will comply with all national and international laws pertaining to IntellectualProperty Rights.
13.4 Your content
13.4.1 You will retain ownership of any original content that you provide when using aService,including any text,data,information,images,photographs,music,sound,video or any other material which you may upload,transmit or store when making use of our Service.
13.4.2 However:
13.4.2.1 We own all compilations,collective works or derivative works created by us whichmay incorporate your content and which are reduced to a material form and original; and
13.4.2.2 with regards to content which You may upload or make available for inclusion on publicly accessible areas,You grant us an irrevocable,perpetual,worldwide and royalty-free right and license to use,publicly display,publish,publicly perform,reproduce,distribute,broadcast,adapt,modify and promote your content on any medium.
13.4.3 You are solely responsible for the content including without limitation,the text,software,scripts,graphics,photos,sounds,music,videos,interactive features and the like("Content") that you post on the Website,and any material or information that you transmitto other members and for your interactions with other Users. The Company does not pre-screen or review Content before it is posted on to the Site. However,the Company reservesthe right to refuse to accept,post,display or transmit any Content in its sole discretion. TheCompany will also have the right (but under no circumstances will the Company have any obligation) to screen,and edit any Content,in whole or in part,from any portion of theWebsite,in its sole discretion,including,but not limited to,Content that violates the T&Cs oris otherwise objectionable. The Company reserves the right to disclose any Content asnecessary to satisfy any applicable law,regulation,legal process or governmental request.The Company also does not endorse and has no control over the Content. Content is notnecessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. The Company makes no warranties,express or implied,as to the Content or to the accuracy and reliability of the Content or any material orinformation that you transmit to other members.
13.4.4 Should you be of the view that the Intellectual Property Rights in any of your worksuploaded on the Service have been infringed or otherwise violated,please provide ourWebmaster with the following information:
13.4.4.1 a description of the work,which you claim,has been infringed;
13.4.4.2 the location of the work on the Website;
13.4.4.3 your contact details;
13.4.4.4 an affidavit deposed to by You stating that the work was used without your consent;and
13.4.4.5 written consent if an agent is acting on your behalf.
13.4.4.6 The level of attention to be afforded to your matter will lie within our discretion. Thisclause should in no way be construed as a guarantee that We will assist You under these circumstances.
14. Limitation of our liability
14.1You subscribe to and use any Service at your own risk.
14.2 We are not liable to You or any third party for any damages suffered by You or a third party howsoever arising from your subscription to,or use of,or reliance on a Service,including (without limitation) any damages suffered by You due to:
14.2.1 access to our Website linked thereto;
14.2.2 any interruption of or error in the Service; including inability to access our Website linked thereto;
14.2.3 inaccurate information or unreliable results;
14.2.4 use of any Content from our Website,including Content accessed from a link;
14.2.5 our failure to fulfill our obligations as a result of uncontrollable events;
14.2.6 disclosure of your Personal Information (as provided for in our Privacy Policy);
14.2.7 any other reason not directly attributable to our gross negligence.
14.3 Agreements in restraint of legal proceedings are void.
14.4 In this clause:
14.4.1 damages means all damages of whatever nature and includes (without limitation) alldirect damages,loss,claims,actions or costs,whether:
14.4.1.1 in contract,tort or otherwise;
14.4.1.2 foreseeable or not; and
14.4.1.3 we were advised of the damages in advance or not; and
14.4.2 uncontrollable events mean any circumstances beyond our reasonable control,including (without limitation) an act of God,of public enemy,fire,explosion,earthquake,perils of the sea,flood,storm or other adverse weather conditions,war declared orundeclared,civil war,revolution,civil commotion or other civil strife,riot,blockade,embargo,sanctions,epidemics,act of any government or other authority,compliance with governmentorders,demands or regulations,or any act or omission on the part of a third party.
15. Indemnity
You shall indemnify us against any and all liability,claims,damages,loss or costs or expense of any kind or nature suffered by us or instituted against us by a third party howsoever arising from:
15.1your subscription to or use of a Service or Services; or
15.2 your breach of the T&Cs.
16. Transfer of rights and obligations
16.1 You may not cede,assign or otherwise transfer any of your entitlements or obligations under the Terms without our prior written consent.
16.2 The use of our Service is personal to you and any entitlements acquired by youhereunder will terminate upon your death,in case You are an individual.
16.3 We may cede,assign or otherwise transfer our rights or obligations under the Terms to any third party without your consent and without notice to you.
17. Breach
17.1 If You breach any of the Terms,then we may,without prejudice to any of our otherrights and without notice to You:
17.1.1 claim immediate payment of all outstanding amounts due to us;
17.1.2 stop or suspend your use of any of the Services; and/or
17.1.3terminate this agreement.
17.2 We also reserve the right to claim damages from you or to institute legal proceedingsagainst You,should the circumstances so require.
17.3 We may in any of these instances retain all amounts already paid by You and recover all our costs associated with your breach,including (without limitation) collection commissionand legal costs.
17.4 We will not be liable to You or any third party in any way for the termination of your account.
18. Governing law
18.1 The Terms are governed by and construed under the laws of India and all disputes,actions and other matters relating thereto will be determined in accordance with such law.
19. Jurisdiction
19.1 The Courts at Mumbai,India,shall alone have exclusive jurisdiction over any or all disputes in relation to this agreement.
20. Priority of Terms
Save as expressly provided to the contrary in the Terms,any conflict in the provisions of the Terms will be resolved in accordance with the following order of priority:
20.1 these Terms;
20.2 the Additional Terms.
21. Whole agreement
21.1 The Terms constitute the whole of the agreement between us and You relating to the matters dealt with herein.
21.2 No undertaking,representation,warranty,guarantee,term or condition relating to the subject matter of the T&Cs not incorporated therein will be binding on You or us.
21.3 Any change or addition to the T&Cs will only be valid if effected as provided for in clause __above.
22. Addresses
22.1 You select as your address (domicile) for the purposes of receiving legal process andnotices,the address furnished when you subscribed to or started using a Service.
22.2 We may send You any notices (other than legal process) by e-mail.
22.3 You will notify us of any change of address.
22.4 We select as our address for the purposes of receiving legal process and notices the address specified at our Website.
23. No waiver
23.1 Any waiver,indulgence,relaxation or extension of any of the Terms will be effective onlyin the specific instance and for the purpose given.
23.2 No failure or delay on our part in exercising any of our rights will constitute or bedeemed to be a waiver.
23.3 No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof or the exercise of any other rights.
24. Provisions are severable
24.1 Each provision of these T&Cs is severable from the other provisions.
24.2 If any provision is found to be invalid or unenforceable,the remainder of the agreement will remain enforceable.
25. Interception and monitoring
25.1 By subscribing to or using a Service,you agree that we may intercept and monitor any communication that you make or receive to the extent allowed by law or for the purpose of conducting our business and securing our systems.
26. User Rules
26.1 General Principles
While some of these User Rules may be more applicable to a particular Service or access technology,you are bound by all of them regardless of the Service or access technology,which you may use.
We view our Service environment as a virtual community in which you interact with us,withother Subscribers and the Internet community at large.
Like all other communities,our virtual community has rules to ensure the continued existencethereof and that the rights of all participants are respected.
26.2 Definitions
In these User Rules:
- Abusive Content means content (including without limitation words and images) which the Company considers to be defamatory,discriminatory,obscene,lewd,offensive,threatening,abusive,harassing,harmful,hateful or which any kind of pornography,content which may be harmful to minors,religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights,regardless of whether such content is accessed,transmitted,propagated,distributed,created or stored in a public or private context;
- Destructive Code means any computer code which:
- is designed to disrupt,disable,harm,or otherwise impede in any manner the operation of any software,hardware or network (generally referred to as "viruses","Trojan horses" or "worms");
- would disable any software,hardware or network or impair in any way its operation based on the running out of a period of time,exceeding an authorized number of copies,advancement to a particular date or other numeral (generally referred to as "time bombs","time locks",or "drop dead",code);
- would permit any person to access any software,hardware or network of any other person without consent (generally referred to as "trap","access code","back door" or "trap door" codes); and
- any other similar harmful,malicious or hidden procedures,routines or mechanisms which would cause such software,hardware or networks of any person to cease functioning or to damage or corrupt data,storage media,programmes,equipment or communications,or otherwise interfere with operations; "
- Communication Facilities includes (without limitation) our email,instant messaging (IM),SMS,chat rooms,discussion boards,albums,communities,classifieds and similar facilities used for the purposes of communicating in real-time or otherwise with other persons whether they are Subscribers or not;
- Fraud means fraud as it is understood in its commonly used legal context which includes (without limitation) solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam,"pyramid schemes" or "chain letters";
- Misrepresentation includes (without limitation):
- actions designed to deceive,mislead,defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
- impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose;
- altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and
- forging or otherwise manipulating origination details and data on any electronic data message generated by our communication facilities with a view to disguising or deleting the origin of anything posted or transmitted using our communication facilities including,without limitation,the use of any other software or hardware methods used to disguise or misrepresent your own IP address;
- Spamming includes (without limitation) the posting or cross-posting of unsolicited communications using our communication facilities; imitating or impersonating another person or his email address,or creating false accounts for the purpose of sending spam; sending unauthorized mail via open,third party servers,sending emails to users who requested to be removed from a mailing list; selling or exchanging the email address of any person without that person's consent;
- System Abuse means any conduct which does or may:
- damage,impair,overburden or disable any system of any person (including us) using our Services;
- interfere with any other person's use of the Internet or of our Services;
- compromise or tamper with the security of our or any other person's software,hardware,systems,networks or Services including (without limitation) Spamming and mass messaging,the use of software and technologies known as "floodbots","clonebots","automated client",nuking and nuking tools.
When you access or use a third party site or service by means ofour Services,you will comply with all rules of use (if any specified) of the third party Service in addition to these User Rules. To the extent that there is a conflict between the third party'srules of use and our User Rules,you are expected to conduct yourself in the manner that is least prejudicial to our interests. i.e."you agree not to post any abusive content,destructive code on the Website or using the Services and while using the website or the Services you shall not spam any one or commit fraud or misrepresentation or systems abuse using the Services or on any one using the Services."
26.4 Enforcement of User Rules Should we consider you to be in breach of any of the UserRules,then we may,without prejudice to any other rights which we may have under theseT&Cs or in law,to:
- give you a warning;
- without notice,stop or suspend your Subscription to or use of any or all Services; and/or
- disclose any of your Personal Information to persons affected by your conduct.
Please read the following Terms very carefully as they set out your entitlements and obligations when you use any of our Services.
27.1 Blog and Chat Service descriptionAmong other services,we provide certain Services that allow you to "chat" or contributecontent to blogs (weblogs or online journals) and chat rooms,discussion boards,communities and forums.
27.2 Blog and Chat Service TermsYou may not use the Blog and Chat Service for the purpose of advertising or marketing anybusiness,product or service.
Any content that you provide enters an open,public forum,and is not confidential. You should,therefore,be careful when deciding to share any of your personal information on the site.
By disclosing personal information such as your name and email address,you acknowledge and understand that this information may be collected and used by other persons to communicate with you.
You may be held legally liable for the content that you provide on the site,for example,where you provide content that is:
- protected by copyright or trademark,without the permission of the author or the owner;
- defamatory;
- illegal;
- hateful;
- pornographic; or
- harmful
