Note: (Last updated: 15th November, 2020)
Welcome to PSRJ FilmCounter LLP (https://www.filmcounter.com, hereinafter referred to as the “Platform” or "filmcounter" or "filmcounter.com" "website" or "app" or “we” or “us” or "company". The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our Platform constitutes your agreement to all such Terms.
Our Platform is owned and operated by PSRJ FilmCounter LLP with its office located at Hyderabad, India. Our Platform provides an online hosting platform through which individuals (hereinafter referred to as “User”, “You”, “Your”) will have the opportunity to connect with each other, promote your content such as movies, web series, tv shows etc., build communities, and grow businesses (collectively, the “Services”).
By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Platform and Services and all Collective Content, and constitute a binding legal agreement between you and us.
This Platform reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Platform fraudulently. This Platform reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these terms and conditions.
BY CONTINUING TO USE / ACCESS THIS PLATFORM, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE PLATFORM ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US.
BY ACCESSING THIS PLATFORM, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
DEFINITIONS AND INTERPRETATION:
- https://www.filmcounter.com means the online hosting platform or social entertainment platform or social platform via which individuals or other users can connect with each other, build community or grow their business.
- "User" means an individual who registers himself / herself on the Platform and uses the services offered by the Platform.
- “Account” means the accounts created by the users on our Platform in order to use the Services provided by us and require information such as name, email address, password, contact number etc.
- “Content” means text, graphics, images, music, audio, video, information or other materials.
- “User content” or "User Generated Content" or "UGC" means all Content that a user posts, reviews, ratings, uploads, publishes, submits or transmits to be made available through our Platform.
- The official language of these terms shall be English.
- The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
ELIGIBILITY OF MEMBERSHIP:
- Our Platform reserves the right to terminate your membership and refuse to provide you with access to the Platform if we discover that you are under the age of 18 years but operating the account without any supervision. The Platform is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
If you are registering a business entity (through Pages / Screens / Groups feature) on the platform, you represent that you have the authority to bind the entity to this User Agreement.
- Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our Platform you agree to be bound by the Terms and Conditions.
REGISTRATION ON THE PLATFORM:
- In order to avail our services, you shall be required to create an account with us. In order to create an account with us (an "Account") you need to provide certain personal information such as:
- Your full name (first name and last name),
- Username (specific to platform),
- Email address and Password (specific to platform),
- Date of Birth,
- User Photo / Avatar,
- Phone number,
- Residing Country.
You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.
- Our Platform (FilmCounter operating as https://www.filmcounter.com) cannot and will NOT BE liable for any loss or damage arising from your failure to comply with the above requirements. You must NOT share your password or other access credentials with any other person or entity that is not authorized to access your account.
- Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Platform account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
When creating an Account, You:
DO NOT provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
DO NOT use a username that is the name of another person with the intent to impersonate that person;
DO NOT use a username that is subject to rights of another person without appropriate authorization; or
DO NOT use a username that is offensive, vulgar or obscene or otherwise in bad taste, in general perception.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at email@example.com
- Our Services are not available to temporarily or indefinitely suspended members. Our Platform reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our Platform reserves the right to refuse service to anyone, for any reason or without a reason, at any time.
- One individual can own only one account in his/her name.
- You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our Platform’s policies as stated in this Agreement and the Platform policy documents published on the Platform as well as all other operating rules, policies and procedures that may be published from time to time on the Platform by the Company.
AVAIALABLE SERVICES / FEATURES ON THE PLATFORM:
Our Platform is an online social entertainment platform via which users can do the following but not limited to:
- Connect with / follow other registered users
- Follow businesses (pages, screens, join groups)
- Create pages/ screens, Create / Join groups etc.
- Upload / post legitimate content in various formats such as simple text, images / pictures, videos, audio, location, polls etc.
- Build a community for a subject or celebrity
- Grow their business and promote their content such as movies, web series, tv shows etc. through our advertising solution
- Interact and seek opinions of other Users thereto
The Users who register on the Platform to use the services offered by the Platform are called “members” or "users". Users who wish to avail the services of the Platform, without registering themselves on the Platform will be called “visitors” explicitly. Only limited features of the Platform shall be available to visitors.
Features of the Platform that shall exclusively be available to members shall include but not limited to:
- Members shall be entitled to upload only legitimate photos, videos, files on the Platform which will be visible to both members and visitors of the Platform. "Legitimate" in this context means that the content you are uploading is not breaching copyrights of anybody and you have required legal rights for uploading the same on FilmCounter.
- All the posts published by the Members will be visible to all other members or visitors depending on the user privacy settings in member’s account.
- Members can comment on other user’s photos, videos, files, articles etc.
- Members can create pages for their businesses. The details provided by the members while creating the page for their business shall be fully or partially made available / visible to both members and visitors of the Platform, as per the Platform's capability that evolves from time to time.
- Members can create groups for registered users to share common interests. These groups would be visible fully / partially to both memebers and visitors as per the platform's capabilty that evolves from time to time.
- Members can create polls, surveys, blogs, and advertise their products through the Platform. These blogs, polls, surveys, Ads would be visible fully / partially to both memebers and visitors as per the platform's capabilty that evolves from time to time.
Members can become pro members on the Platform by subscribing to our premium services by paying the subscription fee as charged by the Platform through Platform’s authorized payment gateway or directly depositing the amount in Platform’s bank account. Premium services shall include but not be limited to services such as advertising services, posting jobs, posting discounts / offers, posting products etc.
The Platform can at any time revise the subscription fee for the premium services on the Platform. This revision would be notified to the pro members and will be applicable only from the next billing cycle, provided the pro member agrees to renew / continues to use premium services.
Refund requests made for the payment made to the Platform shall be taken up on case-by-case basis and will be addressed accordingly. Thus the time taken by the Platform to process member's refund request may vary depending upon already pending requests. For any clarifications, you can always contact us through the Contact Us form on the platform or by emailing us at firstname.lastname@example.org
Platform allows users (both members and visitors) to donate to the Company at their sole discretion. All donations and payments can be done through authorized payment gateway of the Platform or directly depositing the amount in Platform’s bank account. The company reserves the right to accept / reject the amount at its own discretion.
The act of making a donation to the Platform doesn’t give the User (member / visitor) any ownership / equity in the company or the Platform thereto.
We encourage users to contact us directly if they are interested in investing in our company.
These guidelines are applicable for all kinds of USER GENERATED CONTENT (UGC) including uploading content (photos, videos, audio files), writing reviews, sharing opinions on the platform.
The content that you upload / write / generate should not contatin expressions of hatred or intolerance for people on the basis of race, ethnicity, nationality, gender or gender identity, religion, sexual orientation, age, or disability, including by promoting organizations with such views.
The content that you upload / write / generate should not have any offensive words or abusive languages.
The content that you upload / write / generate should not contain any personal remarks related to any person, that can potentially hurt their sentiments.
The content that you upload / write / generate should not contain any profanity, obscenities, or spiteful remarks.
In addition to the above, please also adhere to the below guidelines while writing reviews on movies, websites, tv shows, books etc.:
- Your review should focus on the title's content and context. The best reviews include not only whether you liked or disliked the subject, but also why. Feel free to mention other titles you consider similar and how this one rates in comparison to them.
- Review should be plagiarism free. It means the review you are writing should be your own and not be copied from any other website / newspapers.
- Avoid grammatical or punctual errors.
Limit including time-sensitive material (i.e. mentions of events, promotional tours, seminars, lectures, etc.).
Avoid unannounced spoilers! Please don't reveal crucial plot elements, if you include spoilers without warning readers in advance, your review may be subject to removal. To label a spoiler make sure you highlight the 'contains spoilers' in Square brackets [ ]. Also, please never include spoilers in your review header as this is always visible.
Limit usage of writing in ALL-CAPS!
Do not include personal opinions on real life events or subject matter on which a film is based.
Any review in violation of these guidelines will not be accepted and may be edited by us to conform to the guidelines. In addition, FilmCounter reserves the right not to post any review or not to delete any review for any reason at any time.
- Members shall be entitled to upload only legitimate photos, videos, files on the Platform which will be visible to both members and visitors of the Platform. "Legitimate" in this context means that the content you are uploading is not breaching copyrights of anybody or you have necessary legal rights for uploading the same on FilmCounter.
ACKNOWLEDGEMENTS / REPRESENTATIONS AND WARRANTIES BY USERS (Both Members & Visitors):
- Our Platform reserves the right to initiate civil and/or criminal proceedings against a user who files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our Platform. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
The Platform is only a venue through which Users can reach a larger base to connect with other users, build their communities or advertise and grow their businesses.
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before making any purchases through the Platform. WE SHALL NEITHER BE LIABLE NOR BE RESPONSIBLE FOR ANY ACTIONS OR INACTIONS of users or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
Our Platform strongly advises you not to test the Platform with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by us.
PAYMENTS WHEN AVAILABLE (APPLICABLE TO BOTH MEMBERS & VISITORS):
- Our Platform uses third party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
- Our Platform reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- The users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond our control.
- Our Platform reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful act or acts or omissions in breach of these terms and conditions.
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- By using a credit/debit card to pay for your order, you confirm that the card being used is yours. To ensure that your credit, debit or charge card is not being used without your consent we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting the Terms & Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
- If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
YOU AGREE AND CONFIRM:
- That you will use the services provided by our Platform, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platform and transacting on the Platform.
- You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time.
- If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our Platform and / or other affiliated Platforms without prior intimation whatsoever.
- That you are accessing the services available on this Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Platform.
- You shall at all times ensure full compliance with the applicable laws regarding your use of our service.
- It is possible those other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that WE ARE NOT RESPONSIBLE for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
YOU AGREE THAT YOU WILL NOT USE THE PLATFORM FOR ANY OF THE FOLLOWING PURPOSES:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Interfering with any other person's use or enjoyment of the Platform.
- Breaching any applicable laws;
- Interfering or disrupting networks or web sites connected to the Platform.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our Platform, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Platform, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our Platform, services.
MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
- We may at any time modify the Terms & Conditions of Use of the Platform without any prior notification to you. You can access the latest version of the User Agreement at any given time on our Platform. You should regularly review the Terms & Conditions on our Platform. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Platform.
- This Platform will not be liable for delays resulting from incomplete address. In such cases the customer will have to bear the reshipping charges.
COPYRIGHT & TRADEMARK:
- Our Platform, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platform. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of https://www.filmcounter.com or any third party's intellectual property rights.
- All rights, including copyright, in this Platform are owned by or licensed to us or third party suppliers. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our Platform. You cannot modify, distribute or re-post anything on this Platform for any purpose.
- FilmCounter name and logo and all related product and service and our slogans are the trademarks or service marks of PSRJ FilmCounter LLP. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to this Platform does not authorize anyone to use any name, logo or mark in any manner.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platform (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
- You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Platform or any related software.
- All software used on this Platform is the property of our Platform or its suppliers and protected by laws of India. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Platform is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our Platform, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Platform is the exclusive property of our Platform and is also protected by laws of India.
- If you learn of any unlawful material or activity on our Platform, or any material or activity that breaches this notice, please inform us by writing to email@example.com. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- 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 us to locate the material;
- Your contact information, including your address, telephone number and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- Notices regarding our Platform should be sent to: firstname.lastname@example.org
INDEMNITY (APPLICABLE TO BOTH MEMBERS AND VISITORS):
You agree to defend, indemnify and hold harmless our Company/Platform, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Platform or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the Platform (or any portion of the Platform). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Platform affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Platform and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- Without limiting the foregoing, we may close, suspend or limit your access to our Platform:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
- If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
DISCLAIMERS AND LIMITATION OF LIABILITY:
- The Platform is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Platform.
- The Platform provides content from other Internet sites or resources and while our Platform tries to ensure that material included on the Platform is correct, reputable and of high quality, it shall not accept responsibility if this is not the case.
We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Platform. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our Platform, Services and tools
Delays or disruptions in our Platform, Services, or tools
Viruses or other malicious software obtained by accessing our Platform, Services, or tools or any site, Services, or tool linked to our Platform, Services, or tools
Glitches, bugs, errors, or inaccuracies of any kind in our Platform, Services, and tools or in the information and graphics obtained from them
The content, actions, or inactions of third parties, including items listed using our Platform, services, or tools or the destruction of allegedly fake items
A suspension or other action taken with respect to your account and
To the fullest extent permitted under applicable law, our Platform or its suppliers shall NOT be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our Platform to you for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THE VALUE OF THE PRODUCT ORDERED BY YOU.
Our Platform, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, our Platform assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform.
Our Platform periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for:
- The unavailability of any of the Platform
- Any loss of data, information or materials caused by such system outages
- the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages
- Any outages caused by any third parties, including without limitation any companies or servers hosting any part of the Platform, any Internet service providers or otherwise.
GOVERNING LAWS AND JURISDICTION:
This User Agreement shall be construed in accord with the applicable laws of India regardless of your physical location.
- The Courts at India shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Generally, transactions are conducted smoothly on our Platform. However there may be some cases where we and you may face issues. A 'Dispute' can be defined as a disagreement between you and us in connection with a transaction on the Platform.
In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
- Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The venue for arbitration shall be Telangana, India and the Arbitration shall be in accordance with the laws of India and the language used for arbitration shall be English.
The award of the arbitration shall be binding on both, you and us.
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation,
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
- attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding," "spamming," "mail-bombing" or "crashing;"
- sending unsolicited email, including promotions and/or advertising of products or services; or
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
- Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform.
- You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Platform other than the search engine and search agents available from us on this Platform and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Apple Safari ).
- By using the Platform and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Platform and Services.
- You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
- Notice will be deemed received and properly served immediately when posted on the Platform and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped and placed in the post; and
- For emails, the email was sent to the specified email address.
- In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
- You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the Platform are lawful. You must ensure that they comply with all applicable laws in India and all other countries.
- You should comply with the applicable regulations.
LINKS TO OTHER APPLICATIONS/ PLATFORMS:
Links to third party Apps/ sites on this Platform are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Apps/sites. We have not reviewed these third party Apps/sites and do not control and are not responsible for any of these Apps/sites or their content.
- We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Apps/ Websites linked to this Platform, you do this entirely at your own risks.
NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter.
- The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) act of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking;
(j) malicious damage; or
By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Platform, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered.
- Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services.
- Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Platform or by contacting Customer Support (email@example.com)
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
For any further clarification of our Terms and Conditions, please write to us at firstname.lastname@example.org