|
TERMS
AND CONDITIONS OF USE |
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of POORAPROFIT.COM
("the Website") and any Services referred to in
Clause 2, is subject exclusively to these Terms and Conditions.
You will not use the Website/Services for any purpose that
is unlawful or prohibited by these Terms and Conditions.
By using the Website/Services you are fully accepting the
terms, conditions and disclaimers contained in this notice.
If you do not accept these Terms and Conditions you must
immediately stop using the Website/Services.
1.2 We reserve the right to update or amend
these Terms and Conditions at any time and your continued
use of the Website/Services following any changes shall
be deemed to be your acceptance of such change. It is therefore
your responsibility to check the Terms and Conditions regularly
for any changes.
2 THE SERVICES
The Website may provide Advertisment informations
such as sale, offers, discount, gifts, floated by various
Shops/showrooms and brands and/or other message or communication
facilities ("the Services") designed to enable
you to inquir/communicate with others (shops keepers). Unless
stated otherwise the Services are for your personal and
non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy
of our users, particularly children. Parents who wish to
allow their children access to and use of the Website/Services
should supervise such access and use. By allowing your child
access to the Services you are allowing your child access
to all of the Services, including email, feedback forms,
general advertisements, undergarment advertisments, photographs
and/or other adult usage products/ facilities. It is therefore
your responsibility to determine which Services are appropriate
for your child. Always use caution when revealing personally
identifiable information about yourself or your children
via any of the Services.
4 PRIVACY POLICY
We are committed to responsible data management
and subscribe to the principals of the data protection legislation
in the India. We are committed to maintaining the privacy
of our users and maintaining the security of any personal
information received from you. If you register for any of
the Services you will be asked to provide basic personal
information. The information provided by you is not available
for sale or use by third parties. The information is used
solely for notifying you of changes or updates to the Website/Services
or website promotions.
OR
4.1 We are committed to responsible data
management and subscribe to the principals of the data protection
legislation in the India. We are committed to maintaining
the privacy of our users and maintaining the security of
any personal information received from you. If you register
for any of the Services you will be asked to provide basic
personal information. The information provided by you is
not available for sale or use by third parties. The information
is used solely for notifying you of changes or updates to
the Website/Services or website promotions.
4.2 We use a technology called "cookies"
as part of our normal business procedure to track patterns
of behaviour of visitors to the Website. A cookie is an
element of data that the Website sends to your browser that
is then stored on your system. You can set your browser
to prevent this happening. Any information collected in
this way can be used to identify you unless you change your
browser settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to
open an account you will be required to complete the registration
process by providing certain information and registering
a username and password for use with that Service. You are
responsible for maintaining the confidentiality of the username
and password and also for all activities which take place
under your account. You agree to immediately notify us of
any unauthorised use of your password or account or any
other breach of security. In no event will POORAPROFIT.COM
be liable for any indirect or consequential loss or damage
whatsoever resulting from the disclosure of your username
and/or password. You may not use another person’s
account at any time, without the express permission of the
account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information,
text, graphics, logos, photographs, images, moving images,
sound, illustrations and other materials ("the Content"),
whether posted publicly or transmitted privately, are the
sole responsibility of the person from whom such Content
originated. We do not control or endorse the Content and
cannot guarantee the accuracy, integrity or quality of such
Content and you acknowledge that by using the Services you
may be exposed to Content that is offensive and/or indecent.
POORAPROFIT.COM will not be liable in any way for any Content
or for any loss or damage of any kind resulting from the
use of any Content transmitted via the Services and you
agree to bear all risks associated with the use of any Content,
including any reliance on the accuracy or completeness of
such Content.
6.2 In using the Website/Services you agree
not to:
6.2.1 not to use the Services to send junk
email, spam, chain letters, pyramid schemes or any other
unsolicited messages, commercial or otherwise;
6.2.2 not to post, publish, distribute
or disseminate material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive, harassing
or unlawful;
6.2.3 not to post, publish, distribute
or disseminate material or information that incites discrimination,
hate or violence towards any person or group on account
of their race, religion, disability, nationality or otherwise;
6.2.4 not to threaten, abuse, disrupt,
stalk or otherwise violate the legal rights (including rights
of privacy and publicity) of others;
6.2.5 to use any information or material
in any manner that infringes any copyright, trademark, patent
or other proprietary right of any party;
6.2.6 not to make available or upload files
that contain a virus, worm, trojan or corrupt data that
may damage the operation of the computer or property of
another;
6.2.7 not to collect or store personal
information about others, including email addresses;
6.2.8 to advertise or offer to buy or sell
goods or services for any commercial purpose, unless such
communication facility specifically allows such messages;
6.2.9 not to impersonate any person or
entity for the purpose of misleading others;
6.2.10 not to violate any applicable laws
or regulations;
6.2.11 not to use the Website/Services
in any manner that could damage, disable, overburden or
impair the Website/Services or interfere with any other
party’s use and enjoyment of the Website/Services;
6.2.12 not to post, publish, distribute
or disseminate material or information that you do not have
a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information or confidential
information disclosed in the course of employment or under
a confidentiality agreement);
6.2.13 not to attempt to gain unauthorised
access to any of the Services, other accounts, computer
systems or networks connected to the Website/Services through
hacking, password mining or any other means.
6.3 We have no obligation to monitor the
Services but shall be entitled to review materials posted
to a communications facility and, at our sole discretion,
to remove any material that breaches these Terms and Conditions
or is otherwise objectionable.
7 TERMINATION
We have the right to terminate your access
to any or all of the Services at any time, without notice,
for any reason, including without limitation, breach of
these Terms and Conditions. We may also at any time, at
our sole discretion, discontinue the Website/Services or
any part thereof without prior notice and you agree that
we shall not be liable to you or any third party for any
termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links
to third party websites that are controlled and maintained
by others. Any link to other websites is not an endorsement
of such websites and you acknowledge and agree that [POORAPROFIT.COM]
is not responsible for the content or availability of any
such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable
laws regarding the transmission of technical data exported
from the India or the country in which you reside (if different)
and with all local laws and rules regarding acceptable use
of and conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including
without limitation the Website design, text, graphics and
all software and source codes connected with the Website
and the Services) are protected by copyright, trade marks,
patents and other intellectual property rights and laws.
In accessing the Website you agree that you will access
the contents solely for your personal, non-commercial use.
None of the content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without the prior
written consent of the copyright holder. This excludes the
downloading, copying and/or printing of pages of the Website
for personal, non-commercial home use only.
10.2 [POORAPROFIT.COM] does not claim ownership
of any materials you post, upload or submit to any publicly
accessible area of the Services. However, by doing so you
are granting us a world-wide, royalty free, non-exclusive
licence to copy, distribute, transmit, reproduce, publicly
display, edit, translate or publish such Content for as
long as you elect to display such Content via the Services.
The licence shall be terminated when such Content is deleted
from the Services.
11 INDEMNITY
You agree to indemnify and hold [POORAPROFIT.COM]
harmless from and against any breach by you of these Terms
and Conditions and any claim or demand brought against [POORAPROFIT.COM]
by any third party arising out of your use of the Services
and/or any Content submitted, posted or transmitted through
the Services, including without limitation, all claims,
actions, proceedings, losses, liabilities, damages, costs,
expenses (including reasonable legal costs and expenses)
howsoever suffered or incurred by [POORAPROFIT.COM] in consequence
of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at
your own risk. The Website/Services are provided on an "AS
IS" and "AS AVAILABLE" basis without any
representation or endorsement made and without warranty
of any kind whether express or implied, including but not
limited to the implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement, compatibility,
security and accuracy.
12.2 To the extent permitted by law, POORAPROFIT.COM
will not be liable for any indirect or consequential loss
or damage whatsoever (including without limitation loss
of business, opportunity, data, profits) arising out of
or in connection with the use of the Website/Services.
12.3 POORAPROFIT.COM makes no warranty
that the Website/Services will meet your requirements, that
Content will be accurate or reliable, that the functionality
of the Website/Services will be uninterrupted or error free,
that defects will be corrected or that the Website/Services
or the server that makes them available are free of viruses
or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions
shall be construed so as to exclude or limit the liability
of POORAPROFIT.COM for death or personal injury as a result
of the negligence of POORAPROFIT.COM.
12.5 Nothing in these Terms and Conditions
shall affect your statutory rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should
be determined to be invalid, illegal or unenforceable for
any reason by any court of competent jurisdiction then such
Term or Condition shall be severed and the remaining Terms
and Conditions shall survive and remain in full force and
effect and continue to be binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed
by and construed in accordance with the law of [India] and
you hereby submit to the exclusive jurisdiction of the [delhi]
courts.