Terms & Conditions.

Welcome to My24HrShop, a comprehensive digital membership platform (the “Site“) owned, managed and operated by My24HrShop Team (hereinafter referred to as the “Company”, “we” or “our”, which expression shall unless the same be repugnant to the context or meaning thereof be deemed to mean and include its affiliates, successors in business and assigns).

1. 1. ACCEPTANCE OF TERMS OF USE

      Please read the following terms and conditions as these terms of use (“Terms”) constitute a legally binding agreement between you and the Company regarding your browsing, access and use of the Site and any functionalities, features, information, contests, services, products offered by the Company including but not limited to the bundled subscriptions via the Site, any mobile or internet connected device or otherwise (the “Service”).

      “User”, “you” or “your”: means any person, who is accessing, using the Site, in any manner whatsoever, and is of 18 years of age or older, capable to enter into a legally binding agreement under the laws in India.

      By accessing the Site or Service, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may access and use the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians. You agree to register prior to uploading any content and / or comment and any other use or Services of this Site and provide your details including but not limited to complete name, age, gender, email address, residential address, contact number.

      The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules or sometimes additional terms applicable to such Services. All such guidelines, rules or sometimes additional terms are hereby incorporated by reference into the Terms.

      Further, Company reserves the right to suspend / cancel, or discontinue any Service/s without notice, make modifications and alterations in any or all of the content, offers, products and Services contained on the Site without any prior notice.

      YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.BY ACCESSING OR USING ANY WEBSITE OR SERVICES YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY AS PER APPLICABLE LAW (INCLUDING BUT NOT LIMITED TO AGE REQUIREMENT) TO ACCEPT THE TERMS ON BEHALF OF YOURSELF AND/OR ANY OTHER PERSON YOU REPRESENT IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR SERVICES.

   2. CONTENT OWNERSHIP AND LIMITED LICENSE

      Company Content: means Company’s content, including but not limited to, Company trademarks and logos made available through the Site and Services, excluding Third Party Content and User Submissions.

      Third Party Content: You may be able to access, review, display or use third party services, resources, content or information via the Site or the Services.

      User Submissions: means the text or any content, hypertext links and any other content that the Company allows its users to uploads or otherwise provided to Company via the Site and Services, as applicable.

      Ownership: The Site, Services and the Company Content are protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, Company and its licensors exclusively own all right, title and interest in and to the Site, Services, and the Company Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Company Content. Company claims no ownership interest in any Third Party Content and expressly disclaims any liability concerning those materials.

      Limited License: Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Services for the personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or the Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and/or the Services and the content. These Terms do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Content or User Submissions in violation of applicable copyright law. Any unauthorized use of the contents or the Services will result in termination of the limited license granted by the Company and cancellation of your membership. Use of Site or the Services for any unauthorised purpose may result in severe civil and criminal penalties. The Company does not promote, foster or condone the copying of content, or any other infringing activity and the owners of Third Party Content or User Submissions may have the right to seek damages against you for any such violation.

      You may print or download extracts from the Site only for your personal / individual, non-commercial use only. You must not retain any copies of these 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.

      Company forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site 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 Site / Service; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You 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 Site.

      No part of the Site may be reproduced or transmitted to or stored in any other web site, 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. You are solely responsible for your interactions (including any disputes) with other users. You understand that Company does not in any way screen users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to communicate with user offline or meet them in person. Your use of the Site, Services, Company Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Company hereby disclaims any and all liability to you or any third party relating thereto. Company reserves the right to contact users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Terms You will cooperate fully with Company to investigate any suspected unlawful, fraudulent or improper activity via the Services.

      By making available any User Submissions through the Site and Services, you hereby grant to Company and its users a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit such User Submissions through or by means of the Site and the Services and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world. Company does not claim any ownership rights in any such User Submissions and nothing in these Terms will be deemed to restrict any rights that you may have to use any such User Submissions. You hereby acknowledge and agree that Company shall not be liable for any uses of your User Submissions by any third party that had access to your User Submissions during the period in which your User Submissions was available on or through the Services. You acknowledge and agree that Company reserves the right to not to publish, display the User Submissions or modify, amend or delete any User Submissions on the receipt of any complaint, that the User Submissions are infringing or in violation of any applicable laws, subject to storage post removal as required under applicable laws. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Submissions that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor your accessing, posting, submission or transmittal of the User Submissions or Company’s use of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services or any other permitted use will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services.

      By using the Site or the Services, you acknowledge the sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Content, or User Submissions and Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Content or User Submissions. You acknowledge and agree that Company: (a) is not responsible for the availability or accuracy of such Third Party Content or User Submissions; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Content or User Submissions; (c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on third party websites or User Submissions; and (d) does not make any promises to remove Third Party Content from being accessed through the Site or the Services ( e) does not take any responsibility for the nature of the product or service being offered by third parties on the Site and Users are required to use them at their own risk; Company does not make any warranties/ representations regarding the merchantability of the products and services being offered on the Site. All the contents of this Site 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 Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site.

      You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all content that you upload post or otherwise transmit.

      You hereby agree not to upload, post, modify, publish, update, share or otherwise transmit any matter or views on the Site, which belongs to another person and to which User do not have any right to.

You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.

1. • are, grossly harmful, harassing, blasphemous, defamatory, abusive, pervasive, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise or inconsistent with or contrary to the laws in force
   • harm children in any way;
   • infringes any patent, trademark, copyright or other proprietary rights;
   • violates any Law for the time being in force;
   • deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
   • impersonate another person;
   • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
   • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
   • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
2. THE SERVICE REGISTRATION/ SUBSCRIPTION AND ACCESS TO USE

   Registration: To register for the Services, you may be required to log in by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve the Company of any responsibility / liability in this regard. The process of registration will be OTP triggered.

   Subscription: The subscription prices shall be determined by the Company, in its sole discretion. When you purchase a subscription, you must provide us with complete and accurate payment and other information required by the Company. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription based Service or your entire access to Services on Site. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. Company uses third party payment gateway services for receiving payment from Users for its subscription based Services.

   For our subscription, Company shall endeavour to process your subscription promptly but Company does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. Company reserves the unfettered right to reject any offer made by its Users, at its discretion, for any or no reason.

   Taxes: Subscription and access to subscription based Services fall under the purview of applicable Tax laws of India. Unless otherwise indicated, prices stated on Site are inclusive of applicable taxes, including but not limited to Goods and Services Tax (GST) or other applicable taxes.

   Pricing errors: User hereby agrees and acknowledges that contents on Site may become subject to technical glitch and/or errors including but not limited to price list, subscription details etc. If we incorrectly or due to a technical glitch or error state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription based Service without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your access to our subscription based Services and will refund you any money you have paid us in full. Company always endeavours to act in good faith in determining whether a genuine pricing error has occurred or not.

   Other costs: In addition to any subscription fees you pay for our subscription based Services, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Services and/or subscription based Services . For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

   Term, renewal and cancellation: You can choose a subscription based Service of the term and duration offered by the Company as listed on the Site. Your subscription will renew automatically unless you cancel it before it renews in order to avoid billing of subscription fees for the renewal term. We will notify you through SMS or email or both prior to the renewal date.

   Subscription to the subscription based Services commences immediately on the realisation of payment of the subscription fees from the Users and there can be no cancellation once a User’s account is active for the subscription based Services.

   The Company reserves the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish the Site, the Site content or cease to provide subscription based Services. The Company will give you at least 15 days’ notice of this, if possible. If we do so, then we will have no further obligation to you except for a refund of the unexpired period of your paid subscription. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

3. LINKS TO OTHER SITES

   The Site or the Services may contain the links or pointers to other websites but you should not infer or assume that the Company operates, controls, or is otherwise connected with these other websites. The Service will include various offers by third parties in the form of discounts etc. which can be redeemed on such partner’s page. When you click on a link within the Site, the Company may not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website.

   The Company is not responsible for the content or practices of any other website even if it links to the Site. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site including the products and services being offered on such third party sites.

4. ADVERTISING MATERIAL

   Part of the Site or the Services may contain advertising information or promotion material or other material submitted to the Company by third parties in relation to the Services or otherwise. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.

5. COLLECTION AND USE OF PERSONAL INFORMATION

   For information about the Company’s policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy as available on the Site. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the Services are governed by the Company’s Privacy Policy in effect at the time of your use. The Company reserves the right to disclose any information including the personal details that is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the Company. Company may also share certain filtered information, i.e. including email id or any other relevant information, to Company’s third-party business partners who may contact you to enable you to have a better experience on the Site or to avail certain benefits specially made for you. Company may send you promotional messages (including by way of email, SMS and push notifications) about new offers, products, services, or opportunities that may interest you. If you do not wish to receive promotional messages, please notify us the same at [email protected]

6. YOUR OBLIGATIONS

   You hereby agree and assure the Company that the Site and/or the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You specifically agree to comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while on the Site. You further concur that you shall not:

   1. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or the Services.
   2. either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, transform, publish translate, broadcast, perform, display, sell, transmit, disseminate or retransmit the content or any portion thereof or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly unless expressly permitted by the Company;
   3. either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content or any digital rights management mechanism, device, or other content protection or access control measure associated with the content including geo-filtering mechanisms
   4. use the Site or the Services in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company’s server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party’s use and enjoyment of the Site or the Services;
   5. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Services;
   6. perform any activity which is likely to cause such harm;
   7. carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on Site or internet service or;
   8. use the Site or the Services for illegal or unlawful purposes;
   9. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to Site or any the Company website or the website of any the Company’s customer;
   10. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services;
   11. attempt to gain unauthorized access to the Services, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services;
   12. incorporate the Site or Services into or retransmit via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing;
   13. create, recreate, distribute or advertise an index of any significant portion of the Site or Services unless authorized by the Company;
   14. use or launch any “robots”, “spiders”, “offline readers” etc. or any other automated system, that accesses the Site or the Services in a manner that sends numerous automated requests to the Site’s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes;
   15. Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation like solicit login information or access an account belonging to someone else;
   16. Use the Site, Services or Company Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
   17. Impersonate or misrepresent your affiliation with any person or entity;
   18. Encourage or enable any other individual to do any of the foregoing.

   In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

   The Site may permit you to post user submissions including but not limited to reviews of content available through the Services, comments on such content etc. You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum.

   The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“User Feedback”), including responses to questionnaires or through postings to the Services / the Site and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. By posting / submitting any User Feedback / User Submission on the Site, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to the Company, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future.

   Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to its User Submissions.

   You shall be financially responsible for your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors and access of the Site under your name or account and absolve the Company from any liability on this account. You also warrant that all information supplied by you or members of your family for using the Services and accessing the Site, including without limitation your name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

   You agree that Company will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.

   You acknowledge that Company has no obligation to monitor your access to or use of the Site, Services or Company Content or to review or edit any User Submissions or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Company Content, Third Party Materials, and any User Submissions and any other content, that Company, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

7. TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF THE SERVICE

   The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. If the Company terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then subject to the nature of violation you may not be eligible for any such credit, refund, discount or other consideration.

8. DISCLAIMER OF WARRANTIES AND LIABILITY

   You understand and agree that the Company provides the Services on ‘as-is’ ‘with all faults’ and ‘as available’ basis. You agree that use of the Site or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.

   No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the Site will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers. The Company does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware.

   Any transactions relating to sale/purchase of goods or services with a third party 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 Company. Company merely endeavors to provide a platform where you and other party may interact, exchange information. Company does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, 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. Company will not be liable for any loss that you may incur, 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 Site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that Company is not responsible for any content sent using and/or included in Company’s site/service by any third party including third party product/ service details/ offer details etc.

   The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Services, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages.

   In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding INR 100/-.

9. INDEMNIFICATION

   You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:

   1. your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
   2. our use or misuse of or access to the Site or the Services;
   3. your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
   4. any claim that you have caused damage to a third party.
   5. any content or material submitted by you.
   6. The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company’s defence of these claims.