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Terms of use
Last updated December 13, 2022
TABLE OF CONTENTS
- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY
RIGHTS - USER REPRESENTATIONS
- USER REGISTRATION
- PRODUCTS
- PURCHASES AND
PAYMENT - RETURN POLICY
- PROHIBITED
ACTIVITIES - USER GENERATED
CONTRIBUTIONS - CONTRIBUTION LICENSE
- GUIDELINES FOR
REVIEWS
- TERM AND TERMINATION
- MODIFICATIONS AND
INTERRUPTIONS - GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF
LIABILITY
INDEMNIFICATION- USER DATA
- ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Techno World
(“Company“, “we”,
“us”, or “our”),
concerning your access to and use of the https://technoworldbooks.com website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the
“Site”). We are registered in India and have our registered office at Jaynagar, South 24
Parganas, South 24 Parganas, West Bengal
743337. You agree that by accessing the Site, you have read, understood, and agreed to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time
to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes
by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific
notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that
you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised
Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the
age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If
you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the
Site.
- INTELLECTUAL PROPERTY RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source
code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics
on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained
therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by
copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the
United
States, international copyright laws, and international conventions. The Content and the Marks are
provided on the
Site “AS IS” for your information and personal use only. Except as expressly
provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated,
transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without
our express prior written
permission.
Provided that you
are eligible to use the Site, you are granted a limited license
to access and
use the Site and to download or print a copy of any portion of the Content to
which you have
properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
- USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration
information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as necessary; (3) you have the legal
capacity and you agree to comply with these Terms of Use; (4) you are not a
minor in the jurisdiction in
which you reside, or if a minor, you have
received parental permission to use the Site; (5) you will not access
the Site
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will
not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site
will not violate
any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or
any portion thereof).
- USER REGISTRATION
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
- PRODUCTS
We make every effort to display as accurately as possible the colors, features,
specifications, and details of the products available on the Site. However, we do not guarantee that the colors,
features, specifications, and details of the products will be accurate, complete, reliable, current, or free of
other errors, and your electronic display may not accurately reflect the actual colors and details of the
products. All products are subject to availability,
and we cannot guarantee that items will be in stock.
We reserve the right to
discontinue any products at any time for any reason. Prices for all products
are
subject to change.
- PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa
– Mastercard
– Wallet
– PhonePe
– Google Pay
You agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Site. You further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in INR.
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon
placing your order. We reserve the right to correct
any errors or mistakes in pricing, even if we have already
requested or
received payment.
We reserve the
right to refuse any order placed through the Site. We may, in our
sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These
restrictions may include orders placed
by or under the same customer account, the same payment method, and/or
orders
that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in
our sole
judgment, appear to be placed by dealers, resellers, or distributors.
- RETURNPOLICY
All sales are final and no refund will be issued.
- PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make
the Site available. The Site may not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from
the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us. - Trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive account information such as
user passwords. - Circumvent,
disable, or otherwise interfere with security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site
and/or the Content contained therein. - Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site. - Use any
information obtained from the Site in order to harass, abuse, or harm another person. - Make improper use
of our support services or submit false reports of abuse or misconduct. - Use the Site in a
manner inconsistent with any applicable laws or regulations. - Engage in
unauthorized framing of or linking to the Site. - Upload or transmit
(or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use
of capital letters and spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of the Site. - Engage in any
automated use of the system, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools. - Delete the
copyright or other proprietary rights notice from any Content. - Attempt to
impersonate another user or person or use the username of another user. - Upload or transmit
(or attempt to upload or to transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred
to as “spyware” or “passive collection mechanisms” or
“pcms”). - Interfere with,
disrupt, or create an undue burden on the Site or the networks or services connected to the
Site. - Harass, annoy,
intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to
you. - Attempt to bypass
any measures of the Site designed to prevent or restrict access to the Site, or any portion of the
Site. - Copy or adapt the
Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code. - Except as
permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site. - Except as may be
the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized script or other
software. - Use a buying agent
or purchasing agent to make purchases on the Site. - Make any
unauthorized use of the Site, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses. - Use the Site as
part of any effort to compete with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise. - Use the Site to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
- USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party. - You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use
your Contributions in any manner contemplated by the Site and these Terms of Use. - You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated
by the Site and these Terms of Use. - Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation. - Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone. - Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person or class of people. - Your Contributions do not violate any applicable law, regulation, or
rule. - Your Contributions do not violate the privacy or publicity rights of any
third party. - Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors; - Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap. - Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates
these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site
and the Marketplace Offerings.
- CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can
use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided by you in any
area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity
being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate
language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8)
you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates
or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to review.
- SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings
(“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall
own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.
- SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor
the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.
- PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: https://technoworldbooks.com/privacy. By using the Site
or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of
Use. Please be advised the Site and the Marketplace Offerings are hosted in India. If you access the Site or the
Marketplace Offerings from any other region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in India, then through your continued use of
the Site, you are transferring your data to India, and you expressly consent to have your data transferred to
and processed in India.
- TERM AND TERMINATION
These Terms of Use shall remain in full force and effect
while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS
OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
- MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of
the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings
will be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for
any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or
discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate
us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases
in connection therewith.
- GOVERNING LAW
These terms shall be governed by and defined following the
laws of India. Techno World and yourself irrevocably consent that the courts of India shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these terms.
- DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the
“Disputes”) brought by either you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least __________ days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with this
contract, including any question regarding its existence, validity, or termination, shall be referred to and finally
resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is
considered as the part of this clause. The number of arbitrators shall be __________. The seat, or legal place, or
arbitration shall be India. The language of the proceedings shall be __________. The governing law of the contract
shall be substantive law of India.
Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
- CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
- DISCLAIMER
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME
NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF
THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY
ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless,
including our subsidiaries,
affiliates, and all of our respective officers, agents, partners,
and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the Site; (2)
breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use;
(4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
- USER DATA
We will maintain
certain data that you transmit to the
Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit
or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no
liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against
us arising from any such
loss or corruption of such data.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
- MISCELLANEOUS
These Terms of Use and any policies or operating rules posted
by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision
of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision
is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as
a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form
of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
- CONTACT US
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please contact us at:
Techno World
90/6A, Mahatma Gandhi Rd, opp. Grace Cinema,
Calcutta University, College Street,
Kolkata, West Bengal 700007.