YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between You ("you”,” your" or “user”) and Bostina Services Private limited (“BSPL”or "we," or "our") that governs your use of the Search, Registration / Request services or any other services offered by Our WEBSITE .[ www.myadorablelife.com ] . collectively "portal" . Use of the portal is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Bostina Services Private Limited at its sole discretion and posted on the Website.
Use of the Portal is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the BSPL portal and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. BSPL reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to BSPL’s notice or if it is discovered that you are under the age of 18 years.
2) Your Account and Responsibility
3) Transaction at BSPL Portal
i) BSPL portal facilitates Seller and Users to interact with each other for the purposes of commercial/contractual transactions. In this transaction BSPL is acting as an intermediary without any liability, by creating a bridge between Seller and Users of BSPL enabling users to place orders/bookings/request through various communication outside the WEBSITE may be by telephonic or any other portals.
ii) All commercial/contractual terms are offered by and agreed to between You and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. BSPL does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the User and Seller.
iii) BSPL does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Portal. BSPL does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. BSPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
iv) BSPL is not responsible for any non-performance or breach of any contract entered into between You and Sellers. BSPL cannot and does not guarantee that the concerned Sellers and/or You will perform any transaction concluded on the BSPL portal. BSPL shall not and is not required to mediate or resolve any dispute or disagreement between Seller and You.
v) BSPL does not at any point of time during any transaction between Seller and You on the Portal come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to You.
vi) BSPL through its platform is acting as an intermediary between You and Seller by facilitating the online ‘Search Plus’ Services’ for the users. These Search Plus Services are aimed at making several day to day tasks conveniently actionable and accessible to the users.
vii) BSPL is only providing a platform for the purposes of transaction and communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between You and Seller.
viii) At no time shall BSPL hold any right, title or interest over the products nor shall BSPL have any obligations or liabilities in respect of any transaction between You and Seller. BSPL is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.
ix) Prices mentioned on the BSPL portal are subject to change. You are hereby advised to check with Seller for the final price, availability of the product and shipping charges (if applicable)
x) Pricing on any product(s) as is reflected on the portal may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s). xi) If the calculation of pricing of any product is insufficient to cover the actual cost of products/services which is paid by the Seller to its wholesaler/supplier, then the Seller is not obligated to fulfill the transaction placed by you. Where the Seller chooses not to absorb the additional fee, Seller will notify you that the calculations are different from real costs and may offer you the option of paying the difference and going ahead with the transactions placed by you. You may choose to proceed and pay the higher delivery fee or cancel the transaction placed at BSPL portal.
4) Mode of payment
i) BSPL has no provision of Payments by Users to the Sellers for Products or Services. Payment if any has to be between the Users and Seller has to outside the scope of our website. BSPL is not responsible whatsoever for any dispute between users and Seller .
User may choose to make the payment for the Services/Products through their valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment against any transaction being effected at the sellers portal. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. BSPL shall not be liable and responsible for any credit/debit or any other card frauds, misuse of User’s card or any unauthorized payment transactions which has been processed by User’s Bank / third party payment processor.
ii) User accepts and acknowledges that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time. BSPL will not process, store or transmit credit/debit or any other card related information or any banking related information at its portal.
iv) In such event, it is BSPL’s policy is to redirect User to a payment processing portal hosted by a third party payment processor.
v) BSPL will take adequate encryption and security measures to maintain the data secured generated via portal and it shall maintain high standards in relation to providing secure services to Users using BSPL portal.
iv) In such event, it is BSPL’s policy is to redirect User to a payment processing portal hosted by a third party payment processor.
v) BSPL will take adequate encryption and security measures to maintain the data secured generated via portal and it shall maintain high standards in relation to providing secure services to Users using BSPL portal.
Membership on the Website is free for You. BSPL does not charge any fee for browsing and buying from any of its portals however, we reserve our right to charge the fee and/ or change fee policy as may be applicable from time to time.
6) Returns or Refunds
If at any time you are not satisfied with the quality of the products you have purchased, you may call us at number 9284383064 of BSPL or e-mail at email@example.com wherein your complaint will be noted and will be forwarded to the respective supplier for its resolution or you can complain to the seller directly and may claim for a credit, replacement or refund of the purchased damaged or incorrect product. Further, you hereby confirm and agree that you will not any right to claim or allege anything against BSPL in respect of the products/services which are provided to you by the Seller.
7) Cancellation and Modification
Cancellation or modification of any Order made to Seller BSPL shall be strictly in accordance with the respective Seller’s cancellation policy, including with respect to refund. You may directly contact the respective Seller and/or BSPL or contact 9284383064 or mail to firstname.lastname@example.org for information requests pertaining to cancellation or modification of Orders. The cancellation and modification request made by you to BSPL customer support will be forwarded to respective Seller for the resolution. BSPL will not be involved for any such non compliance or disputes between you and Seller.
8) Content disclaimer
We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and we expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.
We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete, and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.
BSPL reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the portal. Where appropriate, we will endeavour to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All those sections in the portal that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and BSPL will at no point of time be responsible for the accuracy or correctness of such information. BSPL reserves the absolute right to accept/reject information from readers and/or users and impose portal access rules and regulations for any user(s).
While every attempt has been made to ascertain the authenticity of the content in the portal, BSPL is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the portal including but not limited to any decisions based on content in the portal resulting in loss of data, revenue, profits, property, infection by viruses etc.
9) Warranty Disclaimer:
Any provider of products or services is entitled to register AS PER THE CATEGORY mentioned with BSPL. BSPL provides the products/services related information on its portal which has been provided/shared by sellers. Before availing any products/services you must satisfy yourself about all relevant aspects prior to placing an order for goods or services or before entering into any transaction. BSPL has also not negotiated or discussed any terms of engagement with any of the seller. Booking, purchasing and availing goods and services from sellers shall be at your own risk.
We do not represent the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the portal. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the portal.
THE MATERIAL/INFORMATION/SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT UNLESS OTHERWISE AGREED BY BSPL IN WRITING. BOSTINA SERVICES PVT LTD DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PORTAL AND MATERIALS. BOSTINA SERVICES PVT LTD DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BOSTINA SERVICES PVT LTD DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, PRODUCTS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PORTAL SUBJECT TO APPLICABLE LAW.
11) All the USERS are cautioned that all and any information/products or services of whatsoever nature provided or received from the Seller is taken in good faith, without least suspecting the bonafide of the Seller and BSPL does not confirm, does not acknowledge, or subscribe to the claims and representation made by the seller listed with BSPL. Further, BSPL is not at all responsible for any act of Seller listed at BSPL or any claims arising owing to or pursuant to such acts of the Seller.
12) IPR Infringement
If you notice that any Intellectual Property right has been violated by any of our sellers, you may follow the process as may specified under the infringement policy.
12) IPR Infringement
If you notice that any Intellectual Property right has been violated by any of our sellers, you may follow the process as may specified under the infringement policy.
13) Unlawful Activity
We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your registration data, usage history, posted materials, IP addresses and traffic information etc.
14) Risk and Title
Risk in the products/services passes to you upon delivery of the products/services to the delivery address by the Seller. BOSTINA SERVICES PVT LTD does not have any liability and you shall have no claim against BSPL, for any loss or damage that the products/services provided to you may have suffered during transit.
In no event shall BSPL, its officers, directors, employees, partners or suppliers be liable to You, the seller or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not BSPL has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
16) Limitation of liability:
You acknowledge that BOSTINA SERVICES PVT LTD is an "as is site" and that BOSTINA SERVICES PVT LTD is not making and has not made any warranty or representation as to suitability, merchantability, quality of the products/services which will be supplied or delivered by its Seller for any particular purpose. You agree that in using BOSTINA SERVICES PVT LTD, You are not relying on any statement or representation made by BOSTINA SERVICES PVT LTD which is not expressly contained in this Agreement.
IN NO EVENT SHALL BOSTINA SERVICES PVT LTD BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE PORTAL: FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF BOSTINA SERVICES PVT LTD is AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PORTAL, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PORTAL. BOSTINA SERVICES PVT LTD DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PORTAL OR OTHER MATERIAL ACCESSIBLE FROM THE PORTAL.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PORTAL AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
We may periodically change the Terms and the Website without notice, and you are responsible for checking these Terms periodically for any revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, please refrain from using the services offered by the Website. If following any such change or modification you continue to use the Website or content, you will be deemed to have accepted those changes or modifications and no specific consent will be required.
19) General Instructions
Seller’s listed at BSPL portal who have processed and delivered your ordered products/services are solely responsible for quality, delivery and billing of the goods/services. BSPL only acts as a channel between you and the Seller.
We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the portal or its content for any particular purpose.
We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs.
We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the portal, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
20) Force Majeure
BSPL and its registered Sellers will be not be liable for breach of these Terms to the extent caused by or arising from prohibition, or restriction by law, or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which is beyond its control.
In the event a dispute arises between you and BSPL as per these Terms, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 90 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be PUNE. The arbitration shall be conducted by a sole arbitrator appointed by BSPL. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
22) Governing Law and Jurisdiction:
These Terms shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in PUNE, India.
23) Provisions are severable.
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions. Please exit https://www.myadorablelife.com Website, if you don't agree to these Terms,
If you have any questions or concerns about this Agreement please contact us for more information.
1) INTRODUCTION :
The Services (defined hereinafter) of ‘BSPL ’ is provided by Bostina Services Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 301, 3rd Floor, Town Square, Above Dorabjee Mall, Viman Nagar, Pune - 411014, ("We" /"Us" / "Our") and govern your use of this WEBSITE www.myadorablelife.com
BSPL carries on the business of providing information about Vendors (defined hereinafter) of various products and services (“Information”) in selected towns and cities in India (“Service”) to end users. BSPL Provides Users (defined below) with its search service with information and user reviews for BSPL database of local business, products and services across India. BSPL search service is available to users through its website www.myadorablelife.com . BSPL is merely a medium which connects general public with vendor’s goods and services (“Vendors”) listed on BSPL however at the same time it does not intend to guarantee any business to such Vendors. The types of Vendors details are specified at the Selection page while registering under Business/Service registration, Vendors are hereinafter referred to as (“Advertiser”). BSPL’s objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users of the Service are persons who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and services (“Users”). These Terms (defined below) read with the contract form (“Contract Form”) and the invoice mentioned in Clause 11 constitute the entire understanding and Contract (“Contract”) between BSPL and the Advertiser.
2) INTERPRETATION :
• Contract means this Contract together with all Schedules and Annexures (if any);
• References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
• The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;
• The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;
• Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively
Advertisers may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. BSPL will provide only the Information about the Advertiser filled in by Advertiser in the subscribed Business Page to the Users in the manner provided for in these Terms. Advertiser agrees and acknowledges that BSPL does not guarantee any business to the Advertiser and is merely a medium through which information is made available to the users and general public.
4) GENERAL TERMS :
• a. - These Terms of Service, including any Annexures as may be required hereto, (“Terms”) along with the Contract Form if any that may be as per BSPL set forth the terms and conditions under which the Advertiser may be identified as a Vendor to the Users. The Contract shall come into effect upon the Advertiser accepting the Terms and making the payments or any duly authorized agent of the Advertiser signing and delivering the Contract to BSPL and upon the realization of consideration. (“Effective Date”).
When there is a contract , it will override any previous understanding (whether written or oral) between the Advertiser and BSPL on the subject matter hereof. The Terms shall be valid and effective for 1 (one) year or more from the Effective Date unless otherwise agreed by the parties and in accordance with the Terms , subject to payment received under the Terms which includes Contract. The Terms would automatically stand renewed unless (a) the Advertiser intimates BSPL by prior written notice (either by email or through registered post) at least 3 (three) months before the expiry of the 1 (one) year tenure, expressing their intention not to renew the Contract or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Advertiser as to non-renewal after the expiry of the 1 (one) year tenure or unless terminated earlier by either Party, the Contract would stand automatically renewed on terms of this Contract. By agreeing to the terms of the Contract, the Advertiser shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. The Advertiser acknowledges and agrees that in case of conflict between this Contract and the terms and conditions (“Terms of Service”) contained on the Website, the Terms of Service as updated in website shall prevail. BSPL is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Advertiser. It shall be the sole responsibility of the Advertiser to visit the Website and update himself / herself of the changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Advertiser.
• b. - Subject to terms set out in Clause above, it is clarified that the automatic renewal of the Contract will also be subject to sufficient credit balance of Advertiser being available in the Advertiser’s account with BSPL. It is further clarified that in ECS/ CCSI mandate should be active and the payment should be honoured on the stipulated date for the purposes of renewal of the contract.
• c. - The automatic renewal of this Contract is subject to the absolute discretion of BSPL. The amount mentioned in the Contract Form along with any other document which forms a part of this Contract (“Total Fee”), is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of BSPL. By accepting these Terms, the Advertiser confirms to pay the Total Fee on the terms set out therein.
• d.- Advertiser hereby authorizes that upon the execution of ECS / CCSI MANDATE BSPL is authorized to DEDUCT minimum of 9 months ECS, thereafter Advertiser has the option of terminating the contract. The Advertiser shall only terminate the Contract upon the completion of minimum tenure of 9 months from effective date which can be terminated by giving prior 3 (Three) months written notice (either by email or through registered post) to its bill due date, expressing intentions of discontinuing the Services.
• e.- In respect of any other kind of Listings, where the payment mode and manner opted by the Advertiser is Electronic Clearing Service (ECS) or Credit Card Standing Instruction (CCSI), the Contract would be automatically renewed as mentioned in Clause 4 of these Terms, however such automatic renewal is subject to the condition that same will be so renewed at revised values (commercials) as existing on the date of automatic renewal and on such other terms as may be determined solely by BSPL. Notwithstanding anything contained in this Contract, the automatic renewal and the terms of such renewal will be at the absolute discretion of BSPL.
• f. - It is clarified that, irrespective of whether the Advertiser has registered or not registered their entity/ firm’s contact numbers in the “Do Not Call” registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon the signing and acceptance of the Contract, the Advertiser would be deemed to have given their consent and authorized BSPL to share the Advertiser’s details and contact numbers for business and promotional purpose with Users of the Service. Further the Advertiser, by signing and accepting the terms of the Contract, has given his consent to BSPL to contact him for any business promotion of BSPL. The Advertiser confirms that BSPL shall be at liberty to carry out all the obligations undertaken under the Contract. The Advertiser also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Advertiser. In the event the Users are unable to contact the Advertiser it would not be deemed to any deficiency in the Services rendered by BSPL. The Advertiser undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or BSPL will not face any difficulty in contacting the advertisers or for the purposes of entering into this Contract.
5) INFORMATION DISSEMINATION : BSPL currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS and Whatsapp. BSPL may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.
6) ADVERTISER LISTINGS :
This refers to the various kinds of Advertising listings that can be selected by the Advertiser. BSPL may provide different kinds of Advertising listings (“Listings”): SMS Promotion or any other promotions as may be specified. The Advertiser agrees that it shall list itself under the Listing which is mentioned in Terms. BSPL reserves the right to change the aforesaid Advertising Listing options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords. In the event the listing applied for in the Contract Form is no longer available, BSPL shall endeavour to allot similar Listing to the Advertiser. The final decision making power with regard to Listing shall however vest in BSPL and such decision shall be final and binding on the Advertiser.
6) LISTING FEES:
The Advertiser agrees to pay a non-refundable Listing Fee for the Services, which will be determined by BSPL at the time of entering into this contract. The (“Listing Fee”) shall be paid by the Advertiser in advance simultaneously with the signing of the Contract.
7) PAYMENT MODES :
• i) BSPL do not allow the Advertiser to make any part payment for the Services, after payment of the Service Fee, i.e., the Total Service Fee (“Subscription Fee”) by way any of the following modes:
• (i) Cheque; (ii) Demand Draft; (iii)RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and, (v) CCSI (Credit Card Standing Instruction) (vi) NACH (National Automated Clearing House)
• (ii) It is hereby clarified that BSPL does not encourage/prefer that payments be made in cash. Any cash payments made by the Advertiser pursuant to a contract with BSPL, shall be at the sole risk of the Advertiser, without any recourse to BSPL.
• (iii) Payments can be made by the Advertiser either monthly(30days), quarterly(90days) and half-yearly (180 days) or yearly ( 365 days) as directed by BSPL. BSPL shall make best efforts to activate the contract within 14 (Fourteen) working days from the date of receipt of the Service Fee into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However BSPL will not be liable in any manner for any delay in activating the contract of an Advertiser.
• (iv) The Advertiser hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 8 of these Terms. Any dishonour of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. The Advertiser shall also be liable to pay interest @18 % per annum during that period.
9) CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:
If an advertiser opt the lump sum payment mode while entering into the contract then the tenure of the contract will be equivalent to the amount paid by the advertiser.
10) LUMP SUM PAYMENT MODE:
In the event the Advertiser fails to make any payment, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, BSPL may, in its sole discretion, suspend the Advertiser’s Listing or access to the Service, as the case may be, until necessary payments are made by the Advertiser. Further, the Advertiser agrees and acknowledges that the Advertiser shall be deemed to have waived his rights to the Service and the Advertiser’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of BSPL to suspend the Service and the Listing shall be without prejudice to BSPL’s right to terminate the Contract for any material breach committed by the Advertiser. Advertiser hereby acknowledges that the opted position/listing will be released to other advertisers in the event of non-payment of Service fee or ECS amount without any notice/intimation from BSPL.
11) ISSUANCE OF INVOICE :
• (a) On receipt of the Service Fee and activation of the Listing thereafter, BSPL will issue an invoice to the Advertiser containing, interalia, the following details: (i) The Total Fee including the fees paid and payable as on the date of the invoice; (ii) The Listing allotted to the Advertiser; and (iii) Description of the products and services of the Advertiser. • (b) It is hereby clarified that in the event of a conflict between the information relating to Sub-clauses (I), (ii) and (iii) above, as contained in these Terms and in the Invoice, the provisions of the invoice shall prevail. • Invoice is valid subject to realization of payment.
12) PRIORITY OF INFORMATION ABOUT ADVERTISERS:
For BSPL, providing Information that is relevant to the User is a priority. The User has to identify the location and category in respect of which he is seeking Information and BSPL will provide such Information (subject to availability of such information) based on such choice. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with BSPL, that is, the Advertisers is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Advertisers i.e., determined on the basis of the listing selected by the Advertiser and on the basis of Total Fee to be paid by the Advertiser. Nothing contained in the Contract shall be deemed to restrict or prevent BSPL from providing Users with Information about other Vendors whether in priority to the Advertisers or otherwise, as BSPL may in its sole discretion determine. The Advertiser acknowledges that BSPL will merely convey the Information to the Users on demand and does not guarantee that any of such User requests will result in business prospects for the Advertiser.
13) NO GUARANTEE OF BUSINESS:
BSPL does not guarantee that enquiries/leads will be generated by it for the Advertiser or that any of such enquiries/leads will be converted into business for the Advertiser.
14) NO MARKETING:
BSPL is not obliged and does not market the offerings of Advertiser and shall not be obliged to recommend Advertiser to the Users. BSPL’s obligation under the Contract is limited to the obligations explicitly set out herein and in no event does BSPL undertake to generate or guarantee Enquiries or business to the Advertiser.
Advertiser shall indemnify and hold harmless BSPL, its affiliates, directors, officers, agents and employees from loss, or damage including attorney’s fee, arising from any claim asserted by any third party including any User due to or arising out of any action or inaction of Advertiser, its employees or agents, including but not limited to, intellectual property claims, any claims pertaining to incorrect or false information about the Advertiser that was provided to BSPL and any claims including but not limited to the quality or usefulness of the products or services of the Advertiser.
16) CONFIDENTIALITY AND RELATED OBLIGATIONS:
The Advertiser shall keep any information regarding the Users of the Service (“User Information”) confidential both, during the subsistence of this Contract and after its termination. The Advertiser shall not, without the prior written consent of BSPL, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Advertiser is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event BSPL is made aware of any such practice of the Advertiser in violation of the terms of this Contract, BSPL shall be entitled to terminate the Contract as well as initiate such legal proceedings against the Advertiser, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
17) ADVERTISER OBLIGATIONS:
• (a) Advertiser represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to BSPL; (ii) it has the rights to use the trademarks; (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and (iv) all information provided about itself (Advertiser) to BSPL, is and shall at all times be accurate, valid and complete; (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Advertiser to BSPL) to BSPL.(vi) Advertiser shall not have right to terminate the contract up to 9 months from the date of activation of the contract. For the purpose of clarity it is agreed between the parties that BSPL will not be liable to refund any ECS amount which has been deducted during the validity of the agreement.
• (b) Additional Covenants (i) The Advertiser acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Contract remains in force and that BSPL will not entertain such grievances post-expiry or termination of the Contract; (ii) Advertiser accepts that it is responsible to cross verify and ensure filling up of all the Advertiser details including but not limited to the contact information, information pertaining to its products/services provided by the Advertiser and keep BSPL updated in this regard. Further the advertiser shall ensure that contract Form will be free from any handwritten notes or overwriting. In the event the relevant information form is not filled completely or accurately, the Advertiser would, by default, be bound by the explanation or description of the product/service or any other details of the Advertiser communicated by BSPL to the Users or any other third party; (iii) Advertiser hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Advertiser) and the User; (iv) The Advertiser undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, adhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Advertiser) to run the business. The Advertiser acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the Contract by BSPL, at its sole discretion. Advertiser further acknowledges that Advertiser shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by Advertiser from delay in activation of services , non-activation of services or termination of the contract due to their (Advertiser’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to BSPL. It is further acknowledged by an Advertiser that BSPL will be at no obligation to follow up with Advertiser for the documents as mentioned herein and it will be Advertiser’s sole responsibility including but not limited to share all the relevant documents confirming their identity, address and business registration details with BSPL. (v) Advertiser hereby agrees and undertakes that during the term of this Agreement and after its termination of this Agreement (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of BSPL’s enquiries/leads. Any such conduct by Advertiser will lead to a termination of the contract and BSPL at its discretion will initiate proceedings against advertiser before appropriate forum. (vi) Advertiser hereby agrees and confirms that during the term of this Agreement and after its termination (for any reason), Advertiser will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of BSPL’s employees, business or prospective users/callers. Advertiser shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Advertiser directly or promoting its services by any means whereby user are motivated to not to use the BSPL website/services or to use the Advertiser website/services directly. Any conduct by Advertiser that in BSPL’s discretion restricts or inhibits any other user/customer from using or enjoying the BSPL services will not be permitted. During the term of this Agreement and for 5 (five) years after any termination of this Agreement, Advertiser will not directly or indirectly, in any capacity:- (a) solicit any users of BSPL by means of providing discounts, gift coupons etc in the event users uses the website of Advertiser directly. (b) divert, entice, or otherwise take away from BSPL the business of any user/customer, or attempt to do so, or (c) solicit or induce any user/customer to divert or reduce its relationship with the BSPL.
18) DISCLAIMER AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, BSPL disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, BSPL disclaims all guarantees regarding accurate Listing of the Advertiser. Advertiser understands that there may be errors in such positioning. Neither BSPL nor the Advertiser will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for Advertiser’s indemnification obligation. BSPL’s aggregate liability to the Advertiser is limited to amounts paid to BSPL by Advertiser during the 12 (twelve) months immediately preceding the date of the claim. BSPL is also not liable for any claim owing to any misrepresentation of the information pertaining to the Advertiser so long as the information exhibited/ communicated by BSPL conforms to the Information made available by the Advertiser or its authorized representative.
19) ADDITIONAL DISCLAIMER:
• (a) Advertiser confirms that it will be solely responsible and liable for all matters between User and the Advertiser , including but not limited to transactions entered into between such User and the Advertiser. Further, it is hereby declared that BSPL does not verify the identity of the User of the Service and that the information provided to Advertisers is the information received from the User and will not be independently verified by BSPL.
• (b) In the event of receipt of multiple complaints from the Users regarding the Advertiser or Advertiser’s product/service, BSPL reserves the right to discontinue the provision of Service to the Advertiser or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Contract, BSPL may also forfeit the amount lying to the credit of such Advertiser and terminate the Contract at its sole discretion.
• (c) Advertiser also agrees that at no time shall BSPL vouch for or guarantee the performance of services or delivery of products by the Advertiser and BSPL will not be liable for any non-payment of amounts due to the Advertiser by any User.
• (a) The Advertiser may only terminate the Contract, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.
• (b) BSPL reserves the right to terminate the Contract at any time, either with or without cause. If the Advertiser commits a breach of a material duty owed to BSPL, BSPL may, at its discretion, call upon the Advertiser to rectify the breach within 21 (twenty one) days of the receipt of notice, failing which BSPL may terminate the relationship between Advertiser and BSPL.
• (c) Upon termination of the Contract, BSPL will not be bound to delist the Advertiser as a Vendor and cease disseminating Information of the Advertiser to the Users. However upon termination, BSPL shall have the right to delist the Advertiser without prior intimation thereof to the Advertiser.
• (d) In case of technical difficulties in continuing the contract, BSPL reserves the right to terminate the contract by giving written/oral intimation to the advertiser.
• (e) Upon termination of the Contract, either by efflux of time or by determination under this Contract, the balance of the deposit placed by the Advertiser with BSPL, if any, (after deducting payments for the period/tenure for which Services have already been provided by BSPL) shall be retained by BSPL. Under no circumstances, shall the Advertiser be entitled to claim a refund of amounts already paid to BSPL.
Notices shall be sent by email or facsimile to the facsimile number/ email addressed notified by BSPL/Advertiser from time to time in writing and shall be followed by notice by registered post and dispatched through a reputed courier. Any notice refused by an Advertiser would be deemed to have been legally delivered and Advertiser will be deemed to have notice of the contents of such notice.
22) MODIFICATIONS TO TERMS OF SERVICE:
BSPL reserves the right to change the terms of the Contract or the Terms of Service at any time without any prior notice to the Advertiser. Changes to the terms of the Contract or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by BSPL. For Terms of Service with Advertiser visit https://www.myadorablelife.com/index/terms.php.
BSPL is entitled to charge the Advertiser for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Advertiser's relationship with BSPL) and Advertiser hereby agrees to pay the said taxes and charges promptly without raising any objections. Advertiser also agrees that in the event the said taxes and charges are not charged by BSPL the same shall be paid by the Advertiser directly to the authorities concerned without raising any objection. The Advertiser further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the Advertiser for the Listing and Services rendered by BSPL. i) All TDS deductions, form no. 16A should be sent at email@example.com ii) Advertisers fall in category of Advertisement Services under section 194C of Income Tax Act, wherein maximum TDS rate is mentioned as 2%. iii) Service Tax is levied as per existing government policy. iv) Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on service tax.
• (a) BSPL's interpretation of the Contract shall be final and binding on Advertiser.
• (b) Advertiser agrees that no joint venture, partnership, employment, or agency exists between Advertiser and BSPL and that the Advertiser is not entitled to bind BSPL by its actions.
• (c) BSPL is subject to existing laws and legal process and nothing contained in the Contract is in derogation of BSPL's right and obligation to comply with the law.
• (d) If any clause or part thereof of the Contract is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Contract shall continue in effect. Such revision to the Contract will be deemed to have been in effect from the Effective Date.
• (e) Advertiser may not assign any rights or obligations against BSPL without BSPL's prior written consent. BSPL reserves the right to transfer any right or obligation against Advertiser by issuance of notice of such assignment to the Advertiser. Upon such assignment, the assignee shall be bound by the Contract in the same manner as BSPL and BSPL shall cease to have any liability to Advertiser. However, the Parties agree that BSPL has an unfettered right to assign the Contract and the Advertiser is only entitled to a notice of such assignment. The Parties further agree that assignment of the Contract by BSPL will not be subject to Advertiser’s consent.
• (f) BSPL shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labor strife, labor and transportation strikes. During a force majeure event, the obligations of BSPL under the Contract will stand suspended. • (g) Nothing in the Contract obliges or will be deemed to oblige BSPL to provide any credit to the Advertiser.
• (h) Advertisers agrees that BSPL reserves its right to present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments for the services rendered under this terms of service.
All disputes, differences and/or claims arising out of the Contract shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single arbitrator who shall be appointed by the authorized representative/ Director of BSPL. The Advertiser shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of BSPL. The arbitration proceedings shall be held at Mumbai and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Advertiser and BSPL. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.
26) ENTIRE CONTRACT:
These Terms, including any Annexures, along with the Contract Form hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other Contract between the Parties relating to the subject matter hereof.
27) AMENDMENTS AND WAIVERS:
No waiver by any Party of any term or condition of the Contract, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.
The contract is executed in by agreeing to the terms of service and any physical copy only signed and forwarded the e-mail copy / hard copy couriered and the advertiser has retained a carbon copy of this contract, both copies constitute one and the same contract.
Pune - 411014, ("We" /"Us" / "Our") and govern your use of this WEBSITE
1. Terms And Conditions Of Use:
The Frequently Asked Questions (FAQ) section explain how the website works.
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets.
3. Sharing Information and contents :
As user, all of the content and information you post on the WEBSITE is owned by you , and you can control how it is shared through your family and friends. The details of controls are part of FAQs section.
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application setting you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Website . This IP License ends when you delete your IP content or your account. If your content has been shared with others, the license shall continue till the time they delete it.
When you delete your IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time as required by law (but will not be available to others).
When you use the website, the certain applications may ask for your permission to access your content and information as well as content and information that others have shared with you. Your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information,you can choose as to who can view the contents, if no such option is chosen, it means that you are not allowing everyone, to access and use that information, and to associate it with you except one can only view your name, profile picture and area during search operation. Thus, i.e., your name and profile picture and Areawhich is a search data for family members or friends.
We will appreciate your feedback or other suggestions about [ WEBSITE ] always but you understand that we may use your feedback or suggestions without any obligation to compensate you for the same. We do not bind you or anyone to send us suggestions or feedback except your own willingness to do so.
You are responsible for keeping your password secret and secure.
You are solely responsible for your conduct and any data, text, files, information, usernames,images, graphics, photos, profiles, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
You will not
i) post unauthorized commercial communications (such as spam) on website
ii) engage in unlawful creation of marketing platform without our permission,
iii) upload viruses or other malicious code.
iv) solicit login information or access an account belonging to someone else.
v) bully, intimidate, or harass any user.
vi) post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
vii) develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
viii) usethe WEBSITE to do anything unlawful, misleading, malicious, or discriminatory.
ix) post anyone's (other than the user himself) identification documents or sensitive financial information on the WEBSITE.
x) use domain names or web URLs in your username without prior written consent from Us.
xi) do anything that could disable, overburden, or impair the proper working or appearance of the WEBSITE such as a denial of service attack or interference with page rendering or other features of the Website
xii) facilitate or encourage any violations of this Statement or our policies.
xiii) post any content that supports terrorism, religious discord etc.
We have the liberty to remove any content or information you post on the [WEBSITE] if we believe that it violates this Statement or our policies.
4. Registration and Account Security:
By accessing this Website, you represent to us that You are competent to enter into a contract (i.e. You are above 18 years of age according to applicable law, of sound mind and not disqualified from entering into a contract under the applicable law) and You have read these Terms and Conditions, understand them and agree to be bound by them.
While registering with the [ WEBSITE ], users should provide their real names and information. In case a user is below the age of 18 (eighteen), he /she may use this WEBSITE only under the supervision and guidance of a guardian who is eligible to enter into legally binding contracts. Here are some commitments that you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on [ WEBSITE] , or create an account for anyone without permission other than yourself or for your children as Parent.
You will not create more than one account for yourself or for the same Child.
If we disable your account, you will not create another one without our permission.
You will not use your personal timeline for any of your commercial gain.
You will not use [WEBSITE] if you are a convicted in any criminal activities including sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any Page or application you administer) to anyone.
You will not advertise any of your business/commercial activities using your profile as this is strictly prohibited. We do not encourage users to advertise their business activity. If we notice that you indulge in advertising your business activity on the WEBSITE, your profile will be deleted without information. This is strictly a website for sharing personal information.
5. Intellectual Property Rights Third Party Rights:
The Service contains content owned or licensed by Us. Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Us,
We own and retain all rights in the Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WEBSITE Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the WEBSITE Content.
The name and logo are trademarks of Us, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Us, except in accordance with our brand guidelines,
Although it is our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, we reserve the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by us including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your important Content. In other words, this is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage.However we will try to keep and will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. We respect rights of others and expect you to do the same.
You will not post content or take any action on the WEBSITE that infringes or violates anyone else's rights or otherwise violates the law (i) If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to communicate with us regarding this.
(ii) If you repeatedly infringe other people's intellectual property rights, we will disable your account when we think appropriate.
6. Mobile and Other Devices:
In the event you change or deactivate your mobile telephone number, you will update your account information on [WEBSITE] within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
7. Advertisements and Other Commercial Content Served or Enhanced by the WEBSITE:
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the WEBSITE may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You give us permission to display advertise on your screen any information in connection with commercial, sponsored, or related content. This means, for example, that you permit a business or other entity to pay us to display advertisements in your profile pages without any compensation to you. You can view these advertisements and if you like anything you may click on the link to have an enlarged view or to open the link to the advertiser's website.
We do not give your content or information to advertisers without your consent.
We do not guarantee anything as regards the content of the advertisements. It is solely the advertiser's content and you should confirm the same.
8. General Conditions:
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You may deactivate your account by going to the About Me option and selecting the Deactivate button to complete the form available. On deactivation, we will terminate your access to the Service. Your photos, comments, family, friends and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that the WEBSITE is not responsible or liable for the conduct of any user. WEBSITE reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Kindly exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
9. Third Party Links
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. You expressly acknowledge and agree that the WEBSITE is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following:
(i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared;
(ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you.
(iii) WEBSITE has not itself provided such information except only advertising ; and
(iv) your use of an Application is at your own option and risk, and you will hold the us] harmless for activity related to the advertising application.
You agree that you are responsible for all data charges you incur through use of the Service.
It is [WEBSITE] 's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, [ WEBSITE ] does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that [ THE COMPANY ] is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you,
You shall indemnify us, our affiliates, subsidiaries, employees, agents, representatives ("Indemnified Party") of any loss caused because of any damages, claims, liabilities, costs which may arise due to any suit, proceeding, demand or action by you or any other user or third party against the Indemnified Party relating inter alia to your failure to comply with the terms of this Agreement or arising due to your misconduct, negligence, defamation, infringement of intellectual property rights of any third party, any fraud by you or your agents.
13. Dispute Resolution, Governing Law and Jurisdiction:
Any dispute as regards this Agreement shall be submitted to courts of Pune.