Hussainy Solutions
These
Terms of Use constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and Hussainy Solutions
www.hussainysolutions.co.in website as
well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected
thereto. You agree that by accessing
the Site, you have read, understood, and agreed to be bound by
all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use at any time and
for any reason. We will alert you about any changes by updating
the “Last updated” date of these Terms of Use, and you waive any
right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms of Use to stay
informed of updates. You will be subject to, and will be deemed
to have been made aware of and to have accepted, the changes in
any revised Terms of Use by your continued use of the Site after
the date such revised Terms of Use are posted.
The
information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
The
Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use this Site. You may not use the Site in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
Unless
otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United
States, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Site
and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided
that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We
reserve all rights not expressly granted to you in and to the
Site, the Content and the Marks.
By
using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete.
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary.
(3) you have the legal capacity and you agree to comply with these Terms of Use.
(4)
you are not under the age of 18.
(5) you
are not a minor in the jurisdiction in which you reside
, or if a minor, you have received
parental permission to use the Site.
(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
(7) you will not use the Site for any illegal or unauthorized purpose.
(8) your use of the Site will not violate any applicable law or regulation.
(1) all registration information you submit will be true, accurate, current, and complete.
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary.
(3) you have the legal capacity and you agree to comply with these Terms of Use.
(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
(7) you will not use the Site for any illegal or unauthorized purpose.
(8) your use of the Site will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Site (or any portion thereof).
You
may be required to register with the Site. You agree to keep
your password confidential and will be responsible for all use
of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in
our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
You
may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used
in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
USER
GENERATED CONTRIBUTIONS
1. The creation,
distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any
use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Site.
CONTRIBUTION
LICENSE
By
posting your Contributions to any part of the Site
, you automatically grant, and
you represent and warrant that you have the right to grant, to
us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of,
or incorporate into other works, such Contributions, and grant
and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any
media channels.
This
license will apply to any form, media, or technology now known
or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
We
do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
We
have the right, in our sole and absolute discretion.
(1) to edit, redact, or otherwise change any Contributions.
(2) to re-categorize any Contributions to place them in more appropriate locations on the Site.
(3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
(1) to edit, redact, or otherwise change any Contributions.
(2) to re-categorize any Contributions to place them in more appropriate locations on the Site.
(3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES
FOR REVIEWS
We
may provide you areas on the Site to leave reviews or ratings.
When posting a review, you must comply with the following
criteria.
(1) you should have firsthand experience with the person/entity being reviewed.
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
(4) your reviews should not contain references to illegal activity.
(5) you should not be affiliated with competitors if posting negative reviews.
(6) you should not make any conclusions as to the legality of conduct.
(7) you may not post any false or misleading statements.
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
(1) you should have firsthand experience with the person/entity being reviewed.
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
(4) your reviews should not contain references to illegal activity.
(5) you should not be affiliated with competitors if posting negative reviews.
(6) you should not make any conclusions as to the legality of conduct.
(7) you may not post any false or misleading statements.
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We
may accept, reject, or remove reviews in our sole discretion.
We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable
or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting
from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform,
and/or distribute all content relating to reviews.
MOBILE
APPLICATION LICENSE
If
you access the Site via a mobile application, then we grant you
a revocable, non-exclusive, non-transferable, limited right to
install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the
mobile application on such devices strictly in accordance with
the terms and conditions of this mobile application license
contained in these Terms of Use. You shall not.
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application.
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail.
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application.
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail.
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The
following terms apply when you use a mobile application
obtained from either the Apple Store or Google Play (each an
“App Distributor”) to access the Site.
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
(4) you represent and warrant that .
(i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country .
(ii) you are not listed on any U.S. government list of prohibited or restricted parties.
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
(4) you represent and warrant that .
(i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country .
(ii) you are not listed on any U.S. government list of prohibited or restricted parties.
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
SUBMISSIONS
You
acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding
the Site ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall
own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions
are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us
for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions.
We
reserve the right, but not the obligation, to.
(1) monitor the Site for violations of these Terms of Use.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
(1) monitor the Site for violations of these Terms of Use.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY
POLICY
We
care about data privacy and security. Please
review our Privacy Policy:
Privacy Policy . By
using the Site, you agree to be bound by our Privacy Policy,
which is incorporated into these Terms of Use. Please be
advised the Site is hosted in India
India
India
India
Further, we do not knowingly accept,
request, or solicit information from children or knowingly
market to children. Therefore, in accordance with the U.S.
Children’s Online Privacy Protection Act, if we receive actual
knowledge that anyone under the age of 18 has provided personal
information to us without the requisite and verifiable parental
consent, we will delete that information from the Site as
quickly as is reasonably practical.
COPYRIGHT
INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any
material available on or through the Site infringes upon any
copyright you own or control, please immediately notify us
using the contact information provided below (a
“Notification”). A copy of your Notification will be sent to
the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law
you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure
that material located on or linked to by the Site infringes
your copyright, you should consider first contacting an
attorney.
These
Terms of Use shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE
YOUR ACCOUNT AND
ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
We
reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify
or discontinue all or part of the Site without notice at any
time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of
the Site.
We
cannot guarantee the Site will be available at all times. We
may experience hardware, software, or other problems or need
to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance
of the Site. Nothing in these Terms of Use will be construed
to obligate us to maintain and support the Site or to supply
any corrections, updates, or releases in connection therewith.
These
Terms shall be governed by and defined following the laws of
India
Hussainy Solutions
and yourself irrevocably consent that the courts of India
Informal Negotiations
To
expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each
"Dispute" and collectively, the “Disputes”) brought by either
you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.
Any
dispute arising out of or in connection with this contract,
including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by
the International Commercial Arbitration Court under the
European Arbitration Chamber (Belgium, Brussels, Avenue
Louise, 146) according to the Rules of this ICAC, which, as
a result of referring to it, is considered as the part of
this clause. The number of arbitrators shall be three . The seat, or legal place,
of arbitration shall be Ashoknagar , India
English,Hindi .
The governing law of the contract shall be the substantive
law of India
The
Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law.
(a) no arbitration shall be joined with any other proceeding.
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
(a) no arbitration shall be joined with any other proceeding.
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The
Parties agree that the following Disputes are not subject to
the above provisions concerning informal negotiations and
binding arbitration.
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There
may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site
at any time, without prior notice.
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY.
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE.
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE.
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You
agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against
any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of:
(1) your Contributions.
(2) use of the Site.
(3) breach of these Terms of Use.
(4) any breach of your representations and warranties set forth in these Terms of Use.
(5) your violation of the rights of a third party, including but not limited to intellectual property rights.
(6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
(1) your Contributions.
(3) breach of these Terms of Use.
(4) any breach of your representations and warranties set forth in these Terms of Use.
(5) your violation of the rights of a third party, including but not limited to intellectual property rights.
(6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We
will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Site, as well
as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible
for all data that you transmit or that relates to any
activity you have undertaken using the Site. You agree that
we shall have no liability to you for any loss or corruption
of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such
data.
Visiting
the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to
you electronically, via email and on the Site, satisfy any
legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights
or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of
non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
These
Terms of Use and any policies or operating rules posted by us
on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Terms
of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights
and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship
created between you and us as a result of these Terms of Use
or use of the Site. You agree that these Terms of Use will
not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on
the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
In
order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact
us at:
Phone: +918964953668