India
Terms Of Use
Terms Of Use | Terms of use |
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The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of
ChaloIndia.com (hereinafter referred to as "website"), which promotes provides information and a platform for business between its
users globally. It is an agreement between you as the user(s) of the website (the "User(s)") and ChaloIndia.com If you do not agree to or wish to be bound by this agreement , you may not access or otherwise use the "website". ASSIGNMENT No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, "Website" shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein. No Agency Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so. Severability If any provision(s) of the TOS is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Waiver Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party. Statute Of Limitations User and "Website" agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. General Terms "Website" acts as a mere venue/platform for our members, it provides "User" with access to its content, resources, tools for communication, public forums, commerce platforms, and other services through the website. "Website" currently provide access free of charge, but reserve the right to charge users a fee in future for use of any / all of the features / content. "Website" does not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between "User(s)". All transactions will be the responsibility of the you the "User" only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between ChaloIndia.com and other party. "Website" provides its service to the user and is not responsible for providing you access facilities or equipment (in any form) to its service. You, "User", also comprehend and concur that "Website" may include advertisements and sponsorships and that these are necessary for "Website" to provide "Website". You also comprehend and agree that "Website" makes no submission about the suitability, reliability, availability, timeliness, accuracy of the information, products, services and related graphics contained within "Website" for any purpose. "Website" is provided "as is" without warranty of any kind. "Website" hereby disclaim all warranties and conditions with regard to "Website". "Website" reserves the right to change any of the terms, conditions, and notices under which "Website" are offered. You are responsible for regularly reviewing these terms and conditions including changes/modifications if any incorporated by us from time to time. Your continued use of "Website" constitutes your agreement to all such terms, conditions, and notices. "Website" reserves the right to modify or discontinue, temporarily or permanently, "Website" (or any part of "Website") with or without notice to the user at any time and from time to time. 'The User' agrees that "Website" shall not be liable to the User or any third-party for any modification or discontinuance of "Website". "Website" may include e-mail services, message boards, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Tools for Communication"). You agree to use the Tools for Communication only to post, send and receive messages and material that are proper and, when applicable, related to the particular tool for Communication. You also hereby agree that you shall not make use of "Website" for any commercial purpose other than the permitted e-commerce sections. As a condition of your use of "Website" you, 'The User' agree to provide: 1. true, accurate, current and complete information about yourself as required by "Website"'s registration form (such data being the "Registration Information ") 2. maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, "Website" has the right to terminate the user account and refuse any and all current or future use of "Website". 3. "Website" the right to use / disclose the aggregate registration information to third parties in connection with marketing of services. You have also consented "Website" the right to use your registration information to provide targeting of advertising and other service offers. This could be also be used to customise the content you see, to fulfill your requests for certain products and services and to contact / intimate you about special offers or new products. Usage Obligations As a condition of your use of "Website" you will not use "Website" for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through "Website". We may serve advertisements to this site or work with a third party to serve the advertisements. Advertisements placed on the site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that "Website" has the right to run such advertisements and promotions. "Website" and/or third parties may, from time to time, send email messages to Users containing advertisements, special promotions, and other marketing materials ("Email Marketing Programs") based on the agreed terms between "Website" and its selected partner(s). You agree not to use "Website" to: 1. Obstruct or hinder the use and enjoyment of "Website" by other Users; 2. intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations; including, but not limited to, any rules of any national or other securities exchange and any regulations having the force of law; 3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 4. Interfere with or disrupt "Website" or servers or networks connected to "Website", or defy any requirements, regulations or guidelines of networks connected to "Website"; 5. Transmit or otherwise make available any material in connection with surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise); 6. Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another's privacy, caste related, ethnically or otherwise objectionable; 7. Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same; 8. Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another; 9. "Stalk" or otherwise harass other users; collect or store personal data about other users. 10. Advertise, Promote or offer to sell or buy any goods or services for any business purpose unless "Website" specifically allows such messages or transactions. 11. Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of "Website". 12. harm minors in any way; 13. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through "Website"s or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); 14. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 15. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of "Website"s are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 16. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons. "Website" has no obligation to observe and monitor "Website". However, "Website" reserves the right to review materials posted and to remove any material/s. "Website" reserves the right to block all mails from mailing lists and groups whose content is legally categorized as explicit, obscene, adult and pornographic in nature. "Website" also reserves the right to terminate your access to any or all of "Website"s, at any time, without notice, for any reason whatsoever. "Website" reserves the right at all times to divulge any information as it considers necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. These would be more applicable to the publicly accessible areas of "Website" that are intended to be available to the general public. For example, publicly accessible areas of "Website" would include Message Boards, Chat that are open to both registered users and visitors. LIMITATION OF LIABILITY You expressly understand and agree that "Website" shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, other intangible losses, regardless of the form of action, whether in contract, tort (including negligence) strict product liability, or otherwise (even if "Website" has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use "Website"; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from "Website"; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on "Website"; or 5. any other matter relating to "Website". Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to User. User Submitted Content "Website" does not claim ownership of the "content" (in the form of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials) you provide to "Website" (including feedback and suggestions) or post, upload, privately transmit, input or submit to any "Website" site or service for review by the general public. The ownership of this content is the sole responsibility of the person from which such content originated. This means that you, and not "Website", are entirely responsible for all Content that you upload, post or otherwise transmit via "Website" However, by posting, uploading, or making available content or any other material, you grant "Website" and its affiliate sites permission to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission. You comprehend and agree that no compensation will be paid in any form with respect to the use of your submission. "Website", is under no obligation to post or use any submission provided by you and "Website" retains the sole discretion to remove any submission at any time. You comprehend and agree that by submitting, posting, uploading, making available content or any other material you warrant that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload or submit the content or material. "Website" does not control the content posted via "Website" and, as such, does not guarantee the accuracy, integrity or quality of such Content. You comprehend and agree that by using "Website", you may be exposed to content that is obscene, offensive, indecent or objectionable. Under no circumstances will "Website" be liable in any way for any content or material, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content or material posted, emailed, uploaded, submitted, privately transmitted or otherwise made available via "Website". All content and material that is made available to view and/or download in connection with "Website", excluding content that may be made available by the users or visitors through "Website", is owned by and is the copyrighted work of "Website" and is protected by copyright laws. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to User by "Website"s ("Content") by "Website" and its affiliates, advertisers and partners, or other "Website" users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, you are only permitted to use this protected Content as expressly authorized by the owner of the Content ("Owner"), "Website"s or the Advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, "Website"s or the Advertiser. "Website" reserves its right to reject/delete any User Submitted Content it may find objectionable or inappropriate. INDEMNITY You "User" comprehend and agree to indemnify and hold "Website" and its parents, affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of "Website", your connection to "Website", your violation of the "Website" Terms of Service or any other provision of the TOS, or the infringement or misappropriation by the User, or a third party using User's computer, account or password to access and/or use "Website"s, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts, or your violation of any rights of another. TERMINATION The User agrees that "Website" may terminate the user's password, account or use of "Website" if "Website" believes that the user has violated or acted inconsistently with the letter or spirit of the "Website"'s Terms of Service, or has violated the rights of "Website" or other users. The user further agrees that "Website" may terminate the user's password, account or use of "Website" if the user fails to use "Website" at least one time during a period of three months. This time period would be reviewed and determined by "Website" from time to time. The user comprehends and agrees that any termination of service under this agreement under any provision of this agreement may be effected by either party, without cause at any time, immediately upon written notice to the other party, and acknowledges and agrees that "Website" may immediately delete all files (email included) in the user's account and bar any further access to such files or "Website". Further, you agree that "Website" shall not be liable to you or any third-party for any termination of your access to "Website". ASSOCIATION / LINKS TO THIRD PARTY Your association, correspondence or business dealings with, or participation in promotions of, advertisers and sponsors found on or through "Website", including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such transactions, are solely between you and the advertiser/sponsor. You comprehend and agree that "Website" shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such associations or dealings or as the result of the presence of such advertisers/sponsors on "Website". You also acknowledge and agree that content/material contained in the sponsor's advertisements, promotions or information presented to you through "Website" or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. "Website" may contain links to third party Web sites "Linked Sites" ("Affiliates" / "Partner Sites"). These Linked Sites are not under the control of "Website" and "Website" is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. "Website" is not responsible for webcasting or any other form of transmission received from any Linked Site nor is "Website" responsible if the Linked Site is not working appropriately. "Website" is providing these links and partnerships to you, for your convenience, and the inclusion of any link does not imply endorsement by "Website" of the site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Legal We hereby expressly disclaim any implied warranties imputed by the laws of any jurisdiction. We consider ourselves and intend to be subject to the jurisdiction only of the courts of Mumbai in the state of Maharashtra, India. Please report any violations of the Terms of Service to our Support team. Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. |
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