BY ENTERING INTO THIS WEBSITE THE USER UNDERTAKES THAT HE/SHE SHALL REMAIN ABIDE BY ALL THE TERMS, CONDITIONS AND REQUIREMENTS MENTIONED HEREINAFTER AND SHALL FURTHER ACCEPTS THAT HE/SHE SHALL NOT VIOLATE ANY LAW OF LAND OR INTERNET PROTOCOL.
These terms and conditions for use of this websites, content and community services offered through http://www.netsaar.com (For the sake of brevity hereinafter referred to as "The Website") through any mobile or internet connected device or otherwise shall constitute a legally binding agreement between the user and the M/s Netsaar Network India Pvt. Ltd. (For the sake of brevity hereinafter referred to as "The Company") regarding the use of the website and any services offered by the company including, but not limited to delivery of content via the website, any mobile or internet connected device or otherwise. By accessing the website or service and/or by clicking "I agree", the user agrees to be bound by the Terms & Conditions mentioned hereinafter:
- The user hereby represent and warrant to the Company that he/she is above eighteen (18) years of age and is capable of entering, performing and adhering to these Terms and Conditions that he/she agrees to be bound by the following terms and conditions.
- The user under the age of 18 years may use the service of the website; they shall do so only with the involvement & guidance of their parents and/or legal guardians, through such Parent/Legal guardian's registered account.
- The user hereby agrees to register prior to uploading any content and/or comment and any other use or services of this Website and provide personal details including but not limited to complete name, age, email address, residential address and contact number.
- Definition of "User" means and includes every person who access or avail the services of this Website of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Website of the Company.
- The company keeps it right reserve to add, change or update these Terms and Conditions for use of this Website from time to time entirely at its own discretion. The user shall be responsible for checking these Terms and Conditions for use of this Website periodically to remain in compliance with the same.
- The company keep its rights reserve to suspend, cancel or discontinue any or all channels, products or service at any time without any prior intimation or notice and shall be free to make modifications and alterations in any or all of the content, products and services contained on the Website without prior notice.
- The company reserves its right to charge subscription and/or membership fees from its user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Website.
- Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Website (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Website are property of The Company, its parent, affiliates and associates and are protected under applicable Indian laws. The user agrees not to use any framing techniques to enclose any trademark or logo or other proprietary information of The Company; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Website, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
- The company permits the user to only access and make personal use of the Website and the user hereby agrees not to, directly or indirectly download or modify/alter/change/amend/vary/transform/revise/translate/copy / publish / distribute or otherwise disseminate any content on the Website, or any portion of it; or delete or fail to display any promotional tag lines included in the Website either directly or indirectly, except with the express consent of The Company.
- The user shall, however, be free to get any print or download extracts from the Website for his/her personal / individual, non-commercial use only. The user must not retain any copies of such pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
- The company forbids every user from every attempt to resell or put to commercial use any part of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Website; displaying the name, logo, trademark or other identifier of another person (except The Company and The User) in such a manner as to give the viewer an impression that such other person is a publisher or distributor of the Service on the Website, or any data gathering or extraction tools; or any use of meta tags. The user may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Website.
- No part of this Website may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission from the Company.
- For certain services such as email, personal web pages, contests and shopping, registration by the user is required. To register for these services the user has to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). The user also will choose a password and a user name.
- The user shall be entirely responsible for maintaining the confidentiality of his/her password and account. By registering, the user agrees to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Website. Each registration is for a single individual user only.
To access these services, the user shall be asked to enter his/her individual User Name and Password, as chosen by the user during his/her registration. Therefore, the company do not permit any of the following :
- Any other person sharing your account and Password;
- Any part of the Website being cached in proxy servers and accessed by individuals who have not registered with The Company as users of the Website; or
- Access through a single account and Password being made available to multiple users on a network.
If the Company reasonably believes that an account or Password is being used / misused in any such manner, the Company shall reserve the right to cancel access rights immediately without notice and block access to all users from that IP address.
- The user shall be entirely responsible for any and all activities that occur under his/her account. The user hereby agrees to notify the Company immediately of any unauthorized use of his/her account or any other breach of security. The Company shall not be liable for any loss which may incur to any user as a result of someone else using his/her password or account. However, the Company could be held liable for losses incurred by the Company or another party due to someone else using the account or password of the user.
- It shall be a mandatory condition for use of this Website that the user shall not use the Website for any purpose which is unlawful or prohibited by these terms, conditions or any other provision of law. The user shall not use this Website in any manner which could damage, disable, overburden or impair the server of the Company or the network(s) connected to any such server or interfere with any other party's use and enjoyment of any services provided by the Company through this Website.
- The user shall not attempt to gain unauthorized access to any services provided by the company, other accounts, computer systems, etc. through hacking, password mining or any other means. The user shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services provided by the Company through the Website.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter referred to as the "Content"), whether publicly or privately transmitted / posted, shall be the sole responsibility of the person from where such content is originated. By posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part (hereinafter referred to as "Images"), the us er warrant and represent that :
- the user is the copyright owner of such Images, or
- the copyright owner of such Images has granted the user, permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of use for the user and as otherwise permitted by these Terms and Conditions of Use, and
- the user has the rights necessary to grant the licenses and sub-licenses described in these Terms and Conditions of Use, and each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms and Conditions of Use, including, by way of limitation, the distribution, public display and reproduction of such Images.
- The user represents that he/she hasthe valid rights and title in any and all Content/Images that he/she submits on the website and that the user has not infringed on any IPR belonging to any party and further that the usershall indemnify the company or its affiliates for all claims arising out of any content the user posts on the website.
- Posting/uploading of any information or material, which is harmful, defamatory, obscene, pornographic, libelous, invasive of another's privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any person found to be involved in such activity on this website will solely be liable for actions under the applicable laws.
- The company accepts no responsibility for the abovementioned Content / Images. The user hereby undertakes that all Content / Images posted by him/her becomes the property of the company and further agrees to grant/assign to the company and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
- The user represents that he/she is a responsible adult and shall be solely responsible for all Content that he/she uploads, post or otherwise transmit.
- The companyendeavors to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public, therefore the accuracy, integrity or quality of such content cannot be guaranteed. The user understands that by using such services, he/she may be exposed to objectionable matter.
- By using the facility of chat and other community services the user agrees not to upload, post, or otherwise transmit any matter or views, which are defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. The user shall also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the website.
- The user shall not send, submit, post, or otherwise transmit material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner, whatsoever, any electronic equipment in connection with the use of this website, or other user's ability to engage in real time exchanges.
The user hereby agrees and assures the company that the website/services shall be used for lawful purposes only and that the usershall not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. The user shall not host, display, upload, modify, publish, transmit, update or share any information on/through the website, that :
- belongs to another person and to which the user do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, Trojan horses, time bombs, bots, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
- delete from the website any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that the user do not own or have express permission to modify;
- not use the website/service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any server of the company, or the network(s), computer systems / resource connected to any server of the company, or interfere with any other party's use and enjoyment of the website;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the website;
- engage in any activity that causes / may harm minors; or
- perform any activity which is likely to cause such harm;
- impersonate any person or entity, including, but not limited to, the company's official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- take any action which encourages or consists of any threat of harm of any kind to any person or property;
- carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or;
- make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
- use the website/service for illegal purposes;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to the website or the website of any customer of the company;
- collect or attempt to collect personally identifiable information of any person or entity without their express written consent and the user shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
- engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.
- encumber or suffer to exist any lien or security interest on the subject matter of this agreement; or
- make any representation or warranty on behalf of the company. The user shall not post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
- right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;
- any confidentiality obligation.
- Any transactions relating to sale/purchase of goods or services not directly offered by the company are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by the company.
- The company merely endeavors to provide a platform where the user and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between the user and the other party. The company does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only the user, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not the company. The company will not be liable for any loss that may incur to the user, while selling or purchasing goods /services of the third party.
- Under no circumstances will the company be held responsible or liable, in any way, for any content which in legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability 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 posted or uploaded on the website, or any infringement of another's rights, including intellectual property rights. The user specifically agrees that the company is not responsible for any content sent using and/or included in the company'swebsite/service by any third party.
- The company reserves its right to refuse service, restrict, suspend,terminate the account of users; (Terminate this agreement; Terminate or suspend the access of user to the website; Refuse, move or remove for any reason any Content / Image submitted by the user on or through the Services; Refuse, move, or remove any Content / Image that is available on or through the Services; Deactivate or delete the account of user(s) and all related information and files in the account of user(s); Establish general practices and limits concerning use of the Services) at any time and, remove or edit contents or cancel orders (entered by the user) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms and Conditions of Use. Upon such termination or suspension, the right of user to use the website of the company will immediately cease. The user can also terminate his/her account at any time but the information of such user may remain stored in archive on the server of the company even after the deletion or the termination of such accounts.
- Ranking of other websites by the company is strictly given on the parameters adopted by the company on the basis of several relevant and related factors including their popularity, user-friendliness, language options, server uptime, webpage designs, Indian as well as global ranking, market penetration etc. Company shall not be under any obligation and shall also be at liberty to change such rankings at any point of time without any prior intimation to the users or such websites.
Unless otherwise permitted, the user shall :
- display the service on his/herWebsite in the exact form received by him/her, and not modify or edit any of the foregoing without company's prior written consent;
- ensure that the fundamental meaning of the service is not changed or distorted;
- comply with all applicable laws and all limitations and restrictions (if any) placed by the company on the use, display or distribution of any service ; and
- not archive any of the service for access by users at any future date after the service has been removed from his/her Website.
The user hereby acknowledge that the service must link and redirect to the appropriate webpage of the company, when a user clicks on the service (e.g. a headline). User shall not display the service in such a manner that does not allow for successful linking and redirection to, and delivery of, Company's webpage, nor may frame any Company's webpage.
- The user shall not use any communication tool or other means available on the Website to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). The Company will not sell, lease or rent its e-mail subscriber lists to third parties. The user may not harvest information about users of the Company for the purpose of sending or to facilitate the sending of unsolicited bulk communications. The Company may, at any time, terminate any user's access or use of the Website immediately, with or without any notice, and take any other legal action if the user, or anyone using your access details to the Website, violates these terms. The Company may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to the user through the Company's website.
Company's Mail is designed to not let your mails bounce on account of space. However, your mails may bounce on account of other reasons like wrong or misspell recipient name, size of e-mail, size /number of attachments, overall attachment limit, mail/attachment containing viruses/sinister code, server fault from the senders end, internet link failure etc, for which The company has no control and responsibility.The size of the mail/size of attachments, etc. should be in accordance to the guidelines of the Company e-mail :
- 7 Megabyte (MB) for Incoming Mail
- 20 MB for Outgoing Mail
Unlimited storage space is an offer valid only for a limited period of time and it can be withdrawn/extended by the Company at any given point of time. The offer is valid only to those users meeting all registration criterions and adhering to the usage policy defined below. (The Company reserves the right to withdraw this offer at any given point of time at its discretion.)
- If the user does not access/log in into his mailbox at least once in three months (90 days) period, then the user account will be terminated and the user will no longer have access to the same. The users are subject to all other terms and conditions contained herein.
- All warranties without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.
- The Company and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to the computer system of user or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Company's Websites/services, with the delay or inability to use the Company'sWebsites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Company'sWebsites/services, or otherwise arising out of the use of the Company'sWebsites/services) arising in contract, tort or otherwise from the use of or inability to use the Website, or any of its contents, or from any act or omissions a result of using the Website or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website, shutting down of the whole or part of the Company's Mail Services that might result in any loss of information, non retrieval or loss of data, or arising out of the inability to use any services.
- All the contents of this Website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Website is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Website. The information from or through this Website is provided on "AS IS" basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without Certain links on the Website lead to resources located on servers maintained by third parties, these Websites of third party(s) may contain Company's-logo, it is pertinent to inform that it is independent from the Company, over whom Company has no control or connection, business or otherwise as these Websites are external to the Company. The user hereby agrees and understands that by visiting such Websites the user is beyond the Company's Website. The Company, therefore, neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these Website(s), as the same is provided on "AS IS" without warranty of any kind. The Company gives no warranty and makes no representation whether expressed or implied, that the information contained in this Website is error free. The Company shall not be responsible or liable for any consequential damages arising on account of user relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.
- Certain elements of the Websiteshall also contain material submitted by users; the Company accepts no responsibility for such content's, accuracy, conformity to applicable laws of such material. User shall indemnify and hold harmless the Company against all third party claims, demands and actions brought against the Company which arises from or relates to the material submitted by such user.
- Part of the Website contains advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on Website complies with applicable International and National law is exclusively on the party providing the information/material. User's correspondence or business dealings with, or participation in promotions of, advertisers other than the Company found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser.
- The Companyshall not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-company advertisers on the website. The Company reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to these terms and conditions.
- The Company may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, the Company reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the company.
- Further, the Company can (and the user authorize the Company to) disclose the user's name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right's owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
- None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between the user and the Company and the user shall have no authority to bind the Company in any manner, whatsoever.
- The Company shall have no liability to user for any interruption or delay, to access the Website irrespective of the cause.
- Thisagreement shall be governed by the Laws of India. The Courts of law at Indore shall have exclusive jurisdiction over any disputes arising under this agreement.
- These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
- The user and the Company hereby agrees that any cause of action arising out of or related to the Company's website, only, must commence within Six (6) months after the cause of action accrues otherwise, such cause of action will be permanently barred.
- By using the Company's Websites and services, user signifieshis/her acceptance of this Privacy Statement. If the user does not agree or is not comfortable with any policy described in this Privacy statement, the only remedy available to the user is to discontinue the use of Company's Website. The Company reserves the right, to modify this Privacy Statement at any time, without any prior intimation or notice and the user hereby agrees that he/she shall remain binding with such change(s) and/or amendment(s).
- Rights and obligations under the terms which by their nature should survive will remain in full effect after termination or expiration of the terms.
- Any express waiver or failure to exercise promptly any right under the terms will not create a continuing waiver or any expectation of non-enforcement.
- If any provision of the terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the terms will remain in full force and effect.
The Company is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Website, or items advertised on the Website, by end users or any third parties. Any complaint or concern with regards to content and/or comment or breach of these terms and conditions shall be taken up with the designated Grievance RedressalOfficer for the website as mentioned below either in writing or through e-mail as mentioned herein below, duly signed with the electronic signature to the respective Grievance Redressal Officer. Please note that the e-mail addresses given below are meant for receiving concerns and queries regarding the website :
Grievance Redressal Officer,
M/s Netsaar Network India Pvt. Ltd
E-mail : firstname.lastname@example.org
The company shall not be responsible for any communication, if addressed to any other non-designated person in this regard.The Company requests the user to provide the following information in his/her complaint :
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint ;
- Identification of the copyrighted work claimed to have been infringed ;
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity ; and
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has 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.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.