TERMS AND CONDITIONS

 

PEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE www.wed-advisor.com (hereinafter referred to as “Website”).

 

This Agreement is made between the Website and you as a/an website user and /or Member / advertiser or promoter etc. (hereinafter referred to as "You").

 

This Agreement sets forth the legally binding terms of your use of the Website and its services (“Services”). Your usage of website is based on your consent and undertaking that you have read the terms and conditions as mention in this Agreement (hereinafter referred to as “Terms and Conditions / or Terms of use”) and also privacy policy and refund policy and any other policy of the Website Usage.

 

Website is owned and is a registered trade mark of Wedadvisor Solutions Private Limited (hereinafter referred to as “Company”).

 

By using and/or visiting this Website” you signify your assent to these terms and conditions ("Terms of Use/ or Terms and Conditions") and the terms and conditions of Website's Privacy Policy, refund policy and any other policy which is incorporated from time to time on the Website and which are published, and which are incorporated herein for reference. In addition, when using particular Services provided by us such as viewing any clips, or participating in any contests/ discount offers etc., you shall be subject to any additional guidelines or rules applicable to such Services. Kindly print these terms of use or save a copy of these terms of Service for your records. If you do not agree to any of these terms, then please do not use the Website.

 

1. The provision governing your use of this Website.

 

The Website is hosted in India and is subject to the laws governing the Republic of India.

 

Website is a market place platform or an aggregator that facilitates the display and the offer for sale and booking of various products Services by various vendors.

 

You are only authorized to use the Website, android app and iOS app belonging to the Company (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use and the privacy policy, refund policy etc. referred to in Clauses above. Website or the Company reserve the right at any time to change the terms of this Agreement; change the Services, including eliminating or modifying any content on or feature of the Website, android app and iOS app; or change/charge any fees or charges for use of the Services. Any changes made will be effective immediately on its implementation or publication on the Website, android app and iOS app, which can also be given either by posting the new Agreement on the Website or making changes in existing Term and Conditions or via electronic mail etc. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version of the same.

 

Please note that these Terms of Use apply to all Users of the Website, including Users who are also contributors of video content, information, and other materials or services on the Website. The Website may contain links to third party website, 3rd party mobile apps or any individual or company etc. advertising or promoting its various services or products on the Website that are not owned or controlled by Website. Website has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website, mobile apps, company, individual, vendor etc. In addition, Website will not and cannot censor or edit the content of any third-party.

 

By using the Website, you expressly relieve Website / Company / its holding company/ directors/ officers from any and all liability arising from your use of this Website and any third-party website, mobile app, company, individual, vendor etc. as aforesaid. Accordingly, Website and Company encourage you to be aware when you move out of the Website or when going through the content of the Website to also read the terms and conditions and privacy policy of each other website or mobile app that you visit.

 

2. You shall be entirely solely responsible for the Intellectual property rights and validity or violation of any rule of law/any act/ government notification etc. for 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 transmit to other Members and for your interactions with other Users. Website does not endorse and has no control over the Content or take any liability for the same. Content is not necessarily reviewed by Website prior to posting and does not necessarily reflect the opinions or policies of Website. Website makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members or publish on the Website or provide to the Company to post it on the Website.

 

3. Website hereby grants you permission to use the Website as set forth in these Terms of use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) You will not copy or distribute any part of the Website in any medium without Website's prior written authorization; (iii) You will not alter or modify or attempt to alter or modify any part of the Website; and (iv) You will otherwise comply with the terms and conditions of these Terms of Use and other policies as mentioned in above paragraphs.

 

4. In order to access some features of the Website, you will have to create an account. You may never use or attempt to use or alter another Member's account without permission.

When creating your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and You must keep your account password secure. You must notify Website immediately of any breach of security or unauthorized use of your account. Although Website will not be liable for your losses caused by any unauthorized use of your account. In consideration of your use of the Website and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, explicit Website/ Company reserves its right to stop / block or terminate your use of the Website and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases etc. You agree to (a) immediately notify Website on email id info@wed-advisor.com of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that You exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

 

5. Note that Website prohibits PORNOGRAPHY and please choose carefully the information or any attachment you post on the Website and in case you provide to any other user. Website profile must not include any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES.

 

 

6. Website reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) posted by You, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. Website expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Website if Website determines, in its sole discretion, that you pose a threat to Website and/or its Users.

 

7. Refund and other policies are part of these terms and conditions and you as a user or member shall go through these terms and conditions also before buying or booking any product or using services from the Website.

 

8. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.

 

9. Below 18

Use of and membership in the Website is void where prohibited. By using the Website, you represent and warrant that (a) you are 18 years of age or above (b) your use of the Website does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are less than 18 years of age.

 

10. These Terms of Use shall remain in full force and effect while You use the Website or continue to be a Member. You may terminate your membership at any time by emailing at email id info@wed-advisor.com or by contacting the customer support link/ email id mentioned on the Website. Website may terminate your membership at any time, without notice or any warning at its sole discretion. Even after membership is terminated, these Terms of Use will remain in effect and continue to bind you accordingly. 

 

11. You fully understand and acknowledge that Website reserves the right to charge for the services on the Website and to change its fees from time to time at its sole discretion. If Website terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees etc.

 

12. The Website including the services provided on the Website are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Website/ Company. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Website services.

 

13. Intellectual property rights

 

The Content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like content and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company or the Website, subject to copyright and other intellectual property rights under Indian laws. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and Website. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

 

14.  In connection with User Submissions, You agree that you will not:

 

i) Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant Website all of the license rights granted herein;

ii) Publish falsehoods or misrepresentations that could damage Website or any third party;

iii) Submit material that is unlawful, obscene, defamatory, libelous, scandalous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

iv) Post advertisements or solicitations of business;

v) Impersonate another user. Website does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Website expressly disclaims any and all liability in connection with User Submissions. Website does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Website will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Website reserves the right to remove Content and User Submissions without prior notice. Website will also terminate a User's access to its Website, if they are determined to be a repeat infringer.

 

Website also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, scandalous or defamatory material, of excessive length. Website may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

 

15. Availability of products or Services in particular geographical area. 

 

The products and Services displayed on the Website may not be available for purchase in your particular country or locality. The reference to such products and services on the Website does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local Website authorized representative for the availability of specific products and services in your area.

 

16.  Website may add, change, discontinue, remove or suspend any other Content posted on this Website, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

 

17.  Website reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Website’s systems as well as its client’s interests are and remain, well–protected. You are solely responsible for your interactions (if any) with other Website Members/ users. Website reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

18.    In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification or inform on email info@wed-advisor.com of the same to Website with the following information in writing:

 

i) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

iii) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

iv) A statement that the information in the notification is accurate, and under penalties of misrepresentation and other applicable laws, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Based on your information and documentation provided Website will appropriately remove the said content.

 

19. You understand that when using the Website, you will be exposed to User Submissions or products and services from a variety of sources, and that Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or content by third parties. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Website with respect thereto, and agree to indemnify and hold Website, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

 

20 . The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Website services

i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

ii) harasses or advocates harassment of another user;

iii) exploits people in a sexual or violent manner;

iv) contains nudity, violence, or offensive subject matter or contains a link to an adult site etc.;

v) solicits personal information from anyone under 18;

vi) provides any telephone numbers, addresses, last names, URLs or email addresses;

vii) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

viii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

ix) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming" or "phishing"

x)   contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

xi)   furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

xii)   solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

xiii)  involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

xiv)  includes a photograph of another person that you have posted without that person's consent; or

xv)  for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

xvi)  criminal or tortures activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

xvii)  advertising to, or solicitation of, any Member to buy or sell any products or services through the Website services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, If you breach any provisions of these Terms of Use and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to Website, but that the amount of such harm would be extremely difficult to ascertain.

xviii)  covering or obscuring the banner advertisements on your personal profile page;

xix)   any automated use of the system, such as using scripts to add friends or send comments or messages;

xx)    interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to Website;

xxi)    attempting to impersonate another Member or person;

xxii)   for band profiles, copying your Website code and embedding it into other profiles or asking other Members to embed it into their profiles;

xxiii) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

xxiv)  selling or otherwise transferring your profile;

xxv)   using any information obtained from the Website in order to harass, abuse, or harm another person;

xxvi) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or

xxvii)  using the Website in a manner inconsistent with any and all applicable laws and regulations.

 

 

21. You hereby confirm undertake and agree that:-

 

i)  You are 18 years of age or above

ii)  You are solely responsible for all the content that you upload on the Website and all activities that occur under your password or user name.

iii) You shall comply with laws as applicable from time to time regarding the usage of Website; obey any codes of conduct or other notices we provide; keep your service account password secret; and promptly notify us if you learn of a security breach related to the service.

iv) Any legal issues in this context will be subject to the exclusive jurisdiction of the courts of New Delhi.

v)  You agree to waive your rights with reference to the "Do Not Call Registry" so as to enable us to render our services

vi) You shall adhere to the terms and conditions of your internet or mobile service provider while accessing website Services.

vii) You will use your best efforts to notify us of any illegal use of Website, which may include the hosting by any user of any prohibitory, illegal or infringing or potentially infringing content on Website. However, your inability for any reason not to notify us will not render you liable for the termination of Services.

 

22.   Purchase, booking and buying at Website.

 

i)   In order to purchase or making a booking, the You would be required to create an account on the Website. This is required so we can provide you with easy access to print your orders, view your past purchases and modify your preferences.

ii)  As a condition of purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases or booking etc., as well as updates about the Website and Service and Vouchers as well as other promotional offers. You can opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. 

 

23.  Standard Terms and Conditions

 

i)  Website shall not be responsible for the quality of Services and/or any product etc. provided by the third-party advertiser as Website is only a platform to advertise third party Services and the same shall be the sole responsibility of the said third party. 

ii)   Website Vouchers can be redeemed only after due verification of the of the same. 

iii)  The usage of credit card or any other mode of payment shall be at sole responsibility of the User.

iv)  Third parties advertising will have their own applicable terms and conditions and You agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone. 

 

24. Disclaimers

 

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBSITE AND COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF WEBSITE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR MOBILE APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

INCLUSION OF ANY LINKED WEBSITE OR MOBILE APP ON THE WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR MOBILE APP BY WEBSITE. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. WEBSITE TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE WEBSITE OR THROUGH THE WEBSITE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. WEBSITE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE SERVICES. WEBSITE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. WEBSITE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE WEBSITE SERVICES. UNDER NO CIRCUMSTANCES SHALL WEBSITE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE SERVICES, ATTENDANCE AT A WEBSITE EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE WEBSITE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE SERVICES, WHETHER ONLINE OR OFFLINE. THE WEBSITE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND WEBSITE EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WEBSITE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE SERVICES.

 

25.   LIMITATION OF LIABILITY

 

IN NO EVENT SHALL WEBSITE OR COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT WEBSITE OR COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Company from its facilities in India. Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.

 

 

26.  INDEMNITY

 

You agree to defend, indemnify and hold harmless Website and Company, its holding company (if any), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer's fees etc,) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

 

27.  ABILITY TO ACCEPT TERMS OF USE

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

 

28.   ASSIGNMENT

 

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Website without restriction.

 

29.  General

 

You agree that:

(i)    the Website shall be deemed solely based in India;

(ii)   the section titles in this Agreement are for convenience only and adherence to them is prerequisite for using Website;

(iii)  nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between You and Website. Nothing contained in these Terms of Use shall constitute you as the agent of Website or otherwise entitle You to have authority to bind Website for any purpose.

(iv)  any claim or dispute between You and Website that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New Delhi, India.

 


 

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