Acknowledgment and Acceptance of
Terms and Conditions:
The terms and conditions appearing
hereafter comprise the entire agreement between the
User (as defined below) and the Company (as defined
below) and supersede all prior agreements between the
parties regarding the subject matter contained herein.
By completing the web sites online registration process
and/or clicking the "I agree" button, you are
indicating your agreement to be bound by all of the
terms and conditions of the Company as appearing below.
Definitions:
-
In this Agreement the following expressions shall
have the following meanings defined below:
-
Agreement Is defined as the completed
registration application form and its attachment's
and the terms and conditions herein.
-
Commencement Date Is defined as the date
specified by the Company in its notice to the User
either through Email and/or conventional mail
indicating the acceptance of the application by the
User to the Services.
-
CompanyIs defined as ANIL BHANDARI,a Proprietary Firm, having its registered office at
1276/A,Deccan Gymkhana,Pune, Maharashtra, India
Pin-411004 along with its unit for the
Company's web sites Entireindia.com
-
Date of Termination Is defined as the expiry
date of the notice of termination given under
clause Termination of service below.
-
Entireindia.com Is defined as the
Internet web site of the Company at http://www.entireindia.com.
-
UserIs defined as an individual or corporate
subscriber for the Services and the signatory,
whose particulars are contained in the application
form and includes his successors and permitted
assignees and the visitor who retrieve the
information on Entireindia.com.
-
ServicesIs defined as the services to be
provided by the Company to the Users at Entireindia.com including the
provision of facilities for the
following:
-
A User who wishes to make listings,posting of his
business,his product's or services
rates,resumes,homepage or url links,Email id or
Email contacts,Telephone contacts in Business pages
or classifieds or Email diary or any other
contents or services of Entireindia.com for the purpose of
business promotion or his needs.
-
A User who wishes to insert his
advertisements,Product Images,his Business Logo
homepage links,information,Email id,contacts or any
other his references at Entireindia.com
-
Registration Data Is defined as all
particulars and information of the User requested
on initial application and subscription, including
but without limiting to the User's name, mailing
address, Email address, homepage, telephone
number,product & services rates,business logo
and product images.
Commencement of Service
User's Obligations
-
The User is solely responsible for obtaining, at
his own cost, all licenses,permits, consents,
approvals and intellectual property or other rights
as may be required for using the Service.
Prohibited Use
-
The User shall not to use the Service to send or
receive any message, which is offensive on moral,
religious, racial or political grounds or of an
abusive, indecent, obscene, defamatory or menacing
nature.
-
The User shall be prohibited in persistently
Listings,sending messages or make postings on
Entireindia.com to any other User or third party
who access without reasonable cause or for causing
any threat,harassment,annoyance, inconvenience or
anxiety to any person.
-
The User is prohibited to introduce, post or
transmit any information,images or software, which
contains a virus, worm or other harmful component
into the Internet or Entireindia.com network
system.
-
The User shall not violate, or attempt to violate
the security of Entireindia.com and/or any web
sites linked to Entireindia.com or gain
un-authorized access any information regarded as
private by other Users or persons, including but
without limitation to accessing data and
information not intended for them or logging onto a
server or account which the User is not authorized
to access, attempting to probe, scan or test the
vulnerability of a system or network or attempting
to breach security or authentication.
In the event that the User breaches any of the
above mentioned covenants, and the Company becomes
aware of such violation, the Company shall have the
right to delete any material or information
relating to the violations without prior notice to
the User and the Company shall issue a warning to
the User to discontinue any activity which leads to
the said violations and in the event the User
continues with such activity, the Company has the
unilateral right to suspend or deactivate the
User�s access to Entireindia.com the Service and/or
any other related facility. In addition to the
right to indemnity available to the Company, the
Company shall have the right to any legal remedy,
against the User to recover the loss suffered by
the Company and the harm caused to the reputation
of the Company, due to such violation by the User.
Security and other features
-
The User acquires no rights to any Listings, the
user identification,circuit reference and any codes
assigned to him by the Company and except as
otherwise proved herein, the Company reserves the
right to change or re-assign the same to the User
at its sole discretion without being liable to the
User in damages or otherwise.
-
In the event of theft or loss of user
identification, password or security word, the User
must notify the Company immediately by telephone
and concurrently provide the Company with a written
notice to that effect. The User shall remain liable
for use of the Services by any third party until
such theft or loss is notified to the Company.
Maintenance of Service
-
The Company may at any time deactivate or suspend
the User�s access to Entireindia.com and/or the
Services (as the case may be) without notice to
carry out system maintenance, upgrading, testing,
repairs and other related work. Without prejudice
to the other provisions of this Agreement, the
Company shall not be liable for any loss and
damage,costs and expense that the User may suffer
or incur, and no fees or charges payable by the
User to the Company shall be deducted, refunded or
rebated, as a result of such deactivation or
suspension.
Termination of Service
-
Notwithstanding above clause,the Company may
terminate this Agreement with immediate effect,
without prior notice to the User and without
further prejudice to all other rights:
(a) if in the opinion of the Company, the User has
breached any of the terms or conditions of this
agreement.
(b)if in the opinion of the Company or any
regulatory authority, it is not in the public
interest to continue providing the Service to the
User for any reason.
(c)if the User is declared a bankrupt or the User
enters into any compromise or arrangement with its
creditors.
Liabilities for Subscription Fees upon
termination
-
In the event of termination of this Agreement
pursuant to Termination of Service clause without
prejudice to any other remedies available to the
Company, where Subscription Fees are payable, the
User shall be liable for Subscription Fees until
the Date of termination.
Suspension of Service
Disclaimer
-
The Company shall not be liable for any loss of
information howsoever caused whether as a result of
any interruption, suspension, or termination of the
Service or otherwise, or for the contents,
accuracy,validity or quality of information
available, received or transmitted through the
Service.
-
The User shall be solely responsible, and the
Company shall not be liable in any manner
whatsoever, for ensuring that in using the Service,
all applicable laws, rules and regulations for the
use of systems, service or equipments shall be at
all times complied with.
-
The Company makes no representations and warranties
of any kind, whether expressed or implied, for the
Services and in relation to the accuracy,validity
or quality of any information transmitted or
obtained through the Services of Entireindia.com.
-
The Company does not warrant that Entireindia.com
or any of the web sites linked to Entireindia.com
be free of any operational errors nor that it will
be free of any virus, worm, or other harmful
component.
-
The User acknowledges that it is not the Company's
policy to exercise editorial control over and to
edit or amend any data or contents of any emails or
listings or any information that may be inserted or
made available or transmitted to a third party in
or through Entireindia.com. The Company may refuse,
suspend, terminate, delete or amend any artwork,
materials,information or content of any data or
information or listings so as, in the sole opinion
of the Company, to comply with the legal or moral
obligations as placed on the Company and to avoid
infringing a third party's rights or any other
rules, standards or codes of practices that may be
applicable to the listing informations or
Entireindia.com or the Internet.
Use of Data The User hereby agrees
and irrevocably authorizes the Company to
-
Use any data and information and images of business
logo,product,services supplied by the User in
connection with this Agreement for the Company's
own purpose, to the company supplying such data and
information to any other associated companies or
selected third parties or any publishments by any
media by company or company can publish this data
& information & images of logo,product and
services by compact
disc, magazines, periodicals, newspapers or by any
other media.
-
Allow all data and information and images of
logo,products,services supplied by the User in
using the Service to remain at Entireindia.com for
the use of the Company in accordance with clause of
termination of services notwithstanding the
termination or suspension of the Service to the
User herein. Unless the User informs the Company to
delete all such data and information following the
termination or suspension of the Service to the
User, such data and information and images remain
in the Company's property,records and databases.
Indemnity
-
The User agree to indemnify and hold harmless the
Company, its officers, directors, employees and
agents from and against any claims actions,
demands, liabilities, losses or damages whatsoever
arising from or resulting from their use of
Entireindia.com or their breach of the terms of
this agreement.
Confidentiality
-
Both parties hereby agree not to divulge nor
communicate to any person (other than those whose
province it is to know the same) nor use or exploit
for any purpose whatsoever (other than that
contemplated in this Agreement) any confidential
information which may or may have come to his
knowledge by reason of or in connection with this
Agreement. Both parties hereby agree also agree
that they shall use all reasonable efforts to
prevent their employees, officers, agents and
consultants from so acting, except where the prior
written consent of the other party is obtained or
where required to be disclosed pursuant to any
applicable law or legal process issued by any court
or the rules of any relevant regulatory body.
-
The Company maintains a policy of strict
confidentiality of all data and information and
Images submitted by the User and the Company shall
not, save as provided for under clause of USE OF
DATA, release such data and information to any
persons without the prior consent of the User.
-
Users need to be aware that when they voluntarily
reveal identification oriented information (name,
e-mail address, mobile number) in chat and bulletin board
areas,such information may be collected by a third
party resulting in unsolicited messages from third
parties. Such interaction is beyond the control and
liability of Entireindia.com.
-
The copyright, know how or any other related
intellectual property to the Service or
Entireindia.com shall be the sole and exclusive
property of the Company. In the event the User has
contributed any content to Entireindia.com in any
manner whatsoever, the intellectual property of the
same shall stand automatically assigned to the
Company and the User shall have no right or claim
over the same. In the event the User during the
term of his agreement or any time thereafter, uses
such intellectual property in any other web site or
related activity, the same can be construed to be
an infringement of the intellectual property
belonging to the Company and the Company shall have
the right to legal recourse in this regard.
Variation
-
The Terms and Conditions of this agreement will be
updated from time to time and publish at
Entireindia.com. The User should visit the site
periodically to review the Terms and Conditions.
For the avoidance of doubt, the User's continued
use of the Service constitutes an affirmation and
acknowledgement of the amended terms and
conditions.
Modification to Service
Governing Law and Jurisdiction
|