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TERMS & CONDITIONS
S M Funcorp Toys LLP, a LLP incorporated under the Limited Liability Partnership Act, 2008 (hereinafter referred to as 'Company') and having its registered office at 148 Rashbehari Avenue, Kolkata-700029 and Corporate Office at 30 Jawaharlal Nehru Road, Chowringee Mansion, Suite 9B, 2nd Floor, Kolkata-700016. In using the funcorp.in service, of S M Funcorp Toys LLP you are deemed to have accepted the 'Terms and Conditions' of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms as long as you access this website. This Agreement for the 'Terms and Conditions of use of the Company's Website' (hereinafter referred to as 'Agreement') describes certain terms and conditions to access and use the website of the Company by a visitor or a registered user and order products (hereinafter referred to as the "End User", "You" or "Your")
Please read these terms and conditions carefully. By accessing this website you agree to be bound by the terms and conditions below. The company reserves the right to alter, amend and modify these terms and conditions at its sole discretion. All such amendments and modifications will be duly notified on this website. If you are not agreeable to the terms and conditions, we request you not to access this website.
You expressly agree to be bound by this Agreement, irrespective of whether You are a registered member or a visitor, by using the information, tools, features and functionality located on this website. As such, You agree to be bound by the terms and conditions detailed herein. The Company recommends that, irrespective of whether You are a visitor or a registered member who proposes to utilise the service provided by the Company, to carefully read all the terms and conditions as provided herein. The said terms and conditions displayed are recommended to be saved for any future reference and for Your own records. Or You may even take a print out of the same.
The Company expressly states that the services provided or offered by this website and the Agreement that You are required to be bound by is meant only for individuals/entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws. In the event that You are not legally permitted to enter into a contract or are, for some reason, either due to Your age or any other reason not permitted to enter into an Agreement, then You are not permitted to utilise the services provided by this website or enter into this Agreement. In the alternative, You could order products under parental supervision.
Your acceptance of this Agreement and utilisation of services implies that You expressly and implicitly represent to the Company that You are of the legal contracting age or operating under parental supervision and nothing will invalidate this Agreement. The Company has the right to bind You and/or your parents to this Agreement.
In the event that You are representing certain individual/s, company/ies, third parties or any entities, in any capacity, then You expressly confirm that You have the valid authority and the right to do so for and on behalf of them. By entering into this Agreement, You state that You have the right to bind such individual/s, company/ies, third parties or any entities to this Agreement.
The Services made available on or through this website are not intended to be providing You with any nature of certification, guarantee or warranty or any professional advice and is merely information and guidance. By accessing, browsing and using this website, You agree and acknowledge that You understand this limited and restricted use, and agree that You will not rely on the information and materials contained in this website for any purposes except as is intended. You further agree that in all actual matters, You are ultimately responsible for determining Your specific requirements. You are strictly prohibited from unauthorised use of our systems or this website, including but not limited to unauthorised entry into our systems, misuse of passwords, or misuse of any information posted on this website. You acknowledge that the Company may disclose and transfer any information that You provide through this website to (i) our affiliate or information providers, (ii) to any third party, but strictly with Your permission, or (iii) if we are legally bound to disclose any information due to compulsions under law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this website, You agree to such transfers. You expressly agree and acknowledge that usage of the website may be monitored, tracked and recorded. As such, You expressly consent to such monitoring, tracking and recording.
You are responsible for being familiar with the current version of these 'Terms and Conditions' posted on the website during each session. By the continued accessing of this website or the services, You implicitly agree to be bound by the revised terms and conditions.
2. DESCRIPTION OF SERVICE AND PRODUCTS
The Company provides an opportunity for You to purchase the Products. Upon placing order, the Company shall ship the Product to You and will be entitled to its payment for the Services. All Products and information displayed on the Website/s constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this Agreement. The Company may accept or reject Your offer in its sole discretion which cannot be contested by You.
The Company, to the best of its knowledge, has displayed or attempts to display on the Website as accurately as is possible, colours of the Products that is displayed on the Website. However, the colours visible to You is solely dependent on Your monitor. Hence, no guarantee is provided by the Company regarding Your visibility of the colours on the Website. The Company does not provide any warranty or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product offered by the Website is not as described, the Company will only be liable to refund the full amount of the purchase subject to the product being returned in an unused, unsoiled and resale condition. The Company offers a large selection of toys and games along with information which will inform and guide You to make the Purchase.
3. YOUR OBLIGATION AND COVENANTS TOWARDS THE PRODUCTS
In addition to Your other covenants in this Agreement, by ordering product/s on the website, You acknowledge and agree that: (a) Any non-delivery or wrong delivery of the products by the Company due to error in the information provided by You, then any re-delivery cost in addition to the initial cost will be billed to You; (b) All information provided by You including your contact details, name and address, bank or credit card details are Yours and authentic and there is no misrepresentation or fraudulent act from Your end; (c) Before placing an order, You will check the product description carefully, and by placing an order for a product, You agree to be bound by the conditions of sale included in the item's description.
4. INFORMATION REQUIRED FROM YOU
The Company hereby undertakes and confirms that the mechanism employed by the Company is more specific to Users whereby no personal data or information is maintained or tracked or stored on Company's servers or any third party servers. All such data or information shall at all times remain on Your machine or server only.
5. ORDER FOR AND SUPPLY OF PRODUCTS
- (a) You will have to submit Your order for the purchase of the product as detailed under the website.
- (b) Once the order is submitted, it expresses intention to purchase the product and the same may not be cancelled, except as provided hereunder.
- (c) Based on the information provided by You and subject to the Company's verification of the same, the orders will be accepted by the Company for processing.
- (d) All orders will be processed once the Company receives the payment for the product.
- (e) All orders will be confirmed via e-mail.
- (f) The Company will use its best efforts to ensure that an order placed by You is successfully processed subject to the availability of the product/s.
6. PRICING AND PAYMENT
- (a) The prices for product/s are described on the website and are incorporated into these terms by reference. All prices are in Indian rupees. The prices, products and services are subject to change at the Company's discretion.
- (b) The Company will use its best efforts to ensure the accuracy of the prices and price-related information stated on the Website. However, in case of any discrepancy, the Company's decision will be final.
- (c) In the event of any inadvertent mistake by the Company in quoting the price, the Company will notify You of the error before Your payment is processed. You will then have the choice to either accept the correct price or to cancel Your order.
- (d) The Company accepts the following forms of payment: a) Online payment via credit card, debit card, net banking b) Cash deposit on our bank account
- (e) You agree, understand, confirm and state that the card details provided by You to transact on the website will be correct, accurate and is owned by You. In the event that You use a card belonging to any third party, then You confirm that you have been authorised to or expressly permitted by said third party to use the card for making payments.
- (f) The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
- (g) In addition to all other remedies available under the law and equity, and as detailed under this Agreement, the Company reserves the right to recover the cost of product/s, collection charges, attorney's charges etc, from an User using the website fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
7. RETURN, CANCELLATION & REFUND
- (a) The Company expressly disclaims any guarantee of exactness as to the finish and appearance of the final product/s as ordered by You based on the display on the website. The quality of any product/s, services, information, or other material purchased or obtained by You through the website may not meet your expectations. There may be alteration with respect to your order. This will be intimated to you by the Company. If you do not agree with the same, the Company will provide you with an opportunity to either receive a full refund or a credit note, as applicable.
- (b) Title and risk of loss for all product/s ordered by You shall pass on to You upon the Company's shipment to the shipping carrier.
- (d) The Company will communicate the dispatch details to You and will ship the product/s to the mailing address provided by You while placing the order. If you do not receive the product/s within a reasonable period of time, You should immediately notify the Company.
- (e) You have an obligation to forthwith check the product/s for accuracy upon receipt of the same.
- (f) The Company reserves the right to cancel an order in case the order request is not acceptable to the Company. Upon such cancellation, the Company will refund the money to You. Any such cancellation shall be at the sole discretion of the Company and You will have no right to contest the same. The reasons for cancellation could be due to non-availability of the product/s, accuracy in product or pricing information, or due to reasons of any fraud or wrong usage of the payment mechanism adopted by You. Any cancellation will be intimated to You by the Company.
- (g) Please refer to www.funcorp.in/return-cancellation-refund for the Company's return, cancellation and refund policy.
8. LINKS TO THIRD PARTY SITES
As part of the availing of services, You as a member will provide us Your personal information either to retrieve or collect data or information from third party websites. Such third party websites may be maintained by such financial institutions with whom You have an account, bank with or have created certain liabilities. The Company does not and cannot assume any responsibility for or the accuracy of such information or data maintained by such third parties, either in terms of updation, accuracy, deletion, non-delivery or failure to store data, communications, etc. The website may provide, or third parties may provide, or the website may contain links to other World Wide Web sites or resources. The responsibility for the operation and content of those websites shall rest solely with the organisation identified as controlling the third party website and will be governed by separate terms and conditions. Links are provided for convenience, and inclusion of any link does not imply endorsement in any way of the site to which it links.
Because the Company has no control over such sites and resources, You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. REGISTRATION AND USE
You agree and understand that You are responsible for maintaining the confidentiality of all information provided to the Company while registering Yourself, which includes Your login ID, e-mail address and the passwords for the same. You are fully responsible for all activities that occur under Your e-mail address password or account and You shall ensure that You exit from Your account at the end of each session.
The Company will send all correspondences, notices and any other communication to the e-mail address furnished by You. In case of any change in the said e-mail address, it is Your duty to update or change the same.
The Company shall maintain utmost secrecy and use all the security measures to ensure that the information is not misused by any third party. In the event of Your becoming aware of any unauthorised use or misuse of the information provided by You to the Company, You are requested to forthwith contact the Company at 30 Jawaharlal Nehru Road, Chowringee Mansion, Suite 9B, 2nd Floor, Kolkata-700016. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
10. LEGAL USES
Further, You agree and understand that Your right to access and use the services offered on this website are personal to You and are not transferable by You to any other person or entity.
You understand that You are authorised to access and use the services only for legal and lawful purposes.
You further undertake and state that by using the services, You are in no way impersonating or misrepresenting any person or entity. All services availed of are for Yourself only. In the event that You are representing individual/s, company/ies, third parties or any entities, You undertake and state that You are authorised to represent such individual/s, company/ies, third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and the Company shall not be held responsible or liable in any way to any person or entity
Any changes in Your registration information must be duly updated by You.
Your access and use of this website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the website or other actions that the website, in its sole discretion, may elect to take. We at the Company utilise our best efforts to provide services without any interruptions or hindrance; however, we do not warrant that the function, operation, security or accessibility of the website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available will be free of viruses or other harmful elements. As a User of the website, You agree that Your access will be subject to these terms and conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the website.
11. STORAGE, DELETION OR TRANSPORT OF DATA
The Company states that the data provided by You shall belong solely and exclusively to You. As such, You are permitted to remove or delete the data, so provided, either in full or any portion, at any point in time as You desire. The Company requests You to notify the Company of such removal or deletion. In the event that You wish for the Company to remove or delete all or any portion of the data belonging to You, then the same needs to be provided in writing to the Company. Upon receipt of such a written request, the Company will do the needful forthwith and notify You of the same. The Company will not retain any copies of such data on its server or in any other place.
In this regard, the Company warrants that it cannot access such deleted material at any point in time. Any contact, information or access that the Company had towards such data or material or accounts will cease forthwith. However, certain portions of Your data, which the Company had maintained on its servers may remain either in backups or in transaction logs. These are maintained only for the specific purpose of backup or to provide Services to You in the event of any malfunction or damage to our server in order to ensure continuity of our service without disruption.
The Company may send You communication, notices or alerts from time to time. These alerts and communication will be sent automatically by the Company to You. Please be informed that by providing your e-mail ID and phone number on the website or via specific events organised by the Company, you have agreed to receive e-mail updates and SMS communication from us that is transactional, promotional and informational in nature. In case You have suppressed the receipt or disabled or marked alerts or communication in general to be junked, the Company recommends that You revise the same and activate the receipt of alerts to Your proper destination. As such any communication from our end will be related to the services and you may choose to unsubscribe and/or disable the communication at your own will.
Changes to Your e-mail address will apply to all of Your alerts. Any e-mail which is sent by the Company or through any of the websites mentioned above, its contents and attachments, if any, are intended solely for the attention of the addressee/s and may also be privileged. If You are not the addressee, You may not copy, forward, disclose any part of any message received or its attachments and if You receive a message in error, please delete said message from Your system and notify us immediately. You agree and acknowledge that internet communications cannot be guaranteed to be secure or error-free. Any information sent via the internet could be intercepted, corrupted, lost or contain viruses. The Company and the website therefore does not accept responsibility for any errors or omissions in messages received by You, which may arise as a result of internet transmission.
13. RIGHTS GRANTED BY YOU
As the provision of services includes You providing us with information, data, passwords, usernames, personal identification numbers and other materials and content, suggestions, ideas, feedback, etc, You are hereby expressly granting us the license and right to utilise the same for and on Your behalf in order to provide the services.
The Company may or will use such information with the sole purpose for providing You with the required services and not for any other purpose. As such, You hereby warrant and represent that You are duly authorised to submit or represent the third party on behalf of whom You are providing this information to the Company. Further to that, You acknowledge and agree that these materials, suggestions, feedback and information can be utilised without any obligation or restriction on the Company in terms of payment of fee or any other limitations for marketing, promotion, advertising or other purposes.
By using the service, You expressly authorise the Company to access Your accounts maintained by identified third parties, on Your behalf as Your agent. When You use the specified feature of another additional account of the Service, You will be directly connected to the website for the third party You have identified. The Company will submit information including usernames and passwords that You provide to log you into the site. You hereby authorise and permit the Company to use information submitted by You to the service (such as account passwords and usernames) to accomplish the foregoing and to configure the service so that it is is compatible with the third party sites for which You submit Your information.
14. YOUR POSTINGS ON WEBSITE
We, as part of our service, encourage and permit You to post Your messages or content on any publicly available forums, blogs and other locations on the website.
By using or posting messages or data or any other information on such forums, blogs and other public locations, You expressly agree that You and only You, are responsible for all the matters contained in such content. You further, represent and warrant to us that You have all the necessary rights to post such messages or information or content and grant us a perpetual, worldwide, royalty free, non-exclusive, transferable and sub-licensable right to use, reproduce, distribute, display, modify, amend, perform, etc of such content or information to promote, modify or redistribute this website, including preparation of any derivative works thereof, in any form and through any medium without any restrictions thereof. You expressly agree that all the rights granted under this paragraph will also be available to each and every user of this website. Further to that, if You intend to use a forum, a blog or any other feature available on this Website, then You should make an independent and informed choice about submitting Your personal identifiable information. All personally identifiable information submitted on such forums, blogs or community features can be read, collected or used by any third party. There is a danger of such information being misused or misappropriated. We do not have control over such actions and we are not responsible or liable for the personally identifiable information that You as a User have chosen to submit on a public platform.
In case of any violation of this condition, the Company reserves the right to forthwith stop your participation on such public forums.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that this website and any necessary software used in connection with the website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this website, including its ""look and feel"" (eg, text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorised by the Company, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website, the services offered thereto or any software thereto, in whole or in part. You acknowledge that the entire website and its contents, including the software, are owned or duly licensed to the Company and are protected by the copyright laws in India and under international treaty provisions. All trademarks, service marks, and logos used and displayed on this website are registered to and/or owned by their respective owners. Nothing on this Company website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the website, without the prior written consent and permission of the Company or the respective owners.
You may download or print a copy of information provided on this website for Your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.
16. PROHIBITED ACTIVITIES
You agree NOT to do to the following:
- (a) Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- (b) Impersonate any person or entity, including, but not limited to, officials, directors, employees, agents, authorised representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts;
- (c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the site;
- (d) Collect or store personal data about other Users;
- (e) Interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
- (f) Intentionally or unintentionally violate any applicable local, state, national or international law;
- (g) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (h) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, ""junk mail,"" ""spam,"" ""chain letters,"" ""pyramid schemes,"" or any other form of solicitation, except in those specific areas that may be designated for such purpose of posting such mails or messages by the Company;
- (i) Use any robot, spider, scraper, deep link or other similar automated data-gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor this website, either in whole or in part;
- (j) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website, other than the search engines and search agents available through the service and other than generally available third-party web browsers (such as Microsoft Explorer);
- (k) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of this website or the service;
- (l) Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
- (m) You may not interfere with other Users' use of the service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of this website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the service infrastructure or that negatively affects the availability of the service to others. You agree that any employment or other relationship You form or attempt to form with an employer, employee, or contractor whom You contact through areas of this website that may be designated for that purpose is between You and that employer, employee, or contractor alone, and not with us.
17. SECURITY AND PRIVACY
- (a) Collection of Information We may collect personally identifiable information, such as names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. This information is only used to fulfil Your specific request, unless You give us permission to use it in another manner, for example to add You to one of our mailing lists.
- (b) Cookie/Tracking Technology The website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if You previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
- (c) Distribution of Information Any personally identifiable information You submit with the site will ONLY be disclosed to service providers who are linked to your request. We will not disclose, sell, share or in any way reveal Your information to any other third party. However, we may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorised transactions; or, (3) investigating fraud that has already taken place.
- (d) Commitment to Data Security Your personally identifiable information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow You to opt out of further mailings. In certain cases, specifically with regard to particular products, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/debit card details to the approved payment gateways to avail of services on the website. You shall not use the credit/debit card that is not lawfully owned by You, ie in any transaction, You must use Your own credit/debit card. The information provided by You will not be utilised or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/debit card details. FunCorp expressly disclaims all liabilities that may arise as a consequence of any unauthorised use of Your credit/debit card.
Privacy Contact Information
By e-mail: email@example.com
By Phone: +91 62917-97701
We reserve the right to make changes to this policy without notice. Any changes to this policy will be posted on this page.
18. SECURITY OF INFORMATION
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input. We constantly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges. We do not and will not sell or rent Your personal information to anyone, for any reason, at any time, except (i) if it is in response to a valid legal request by a law enforcement officer or government agency or (ii) when You have explicitly or implicitly given Your consent, or (iii) to utilize the same for some statistical or other representation without disclosing personal data.
We only reveal those numbers of Your account as required to enable us to access and provide You the required services relating to Your accounts. We make every effort to allow You to retain the anonymity of Your personal identity and You are free to choose a login ID email address and password that keeps Your personal identity anonymous. Access to Your registration information and Your personal financial data is strictly restricted to those of our Company employees and contractors strictly on a need-to-know basis, in order to operate, develop or improve the service. These employees or contractors may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
With the exception of a login ID in the form of an email address, which may be provided on an anonymous basis, and Your third party account information, which is required for providing services, the Company does not require any information from You that might constitute personally identifiable information.
It is important for You to be protected against unauthorised access to Your password and to Your computer. Be sure to sign off when You have finished using a shared computer.
As described in this Agreement and with Your consent, the Company will from time to time connect electronically to Your online bank, credit card and other online financial accounts to process Your orders.
Conditions of Use, Notices, and Revisions
The information contained in this website is for general information purposes only. The information is provided by FunCorp and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of FunCorp. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. Every effort is made to keep the website up and running smoothly. However, FunCorp takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
20. INDEMNITY BY YOU
You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all loss, damages, claims and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to any breach of this Agreement by You, any misrepresentation or misuse of the service offered to You or any negligent or unreasonable or inappropriate use of the website or the services.
This Agreement to be applicable and shall be binding on the parties, ie, You and the Company, unless terminated as specified below:
- (a) By You, by providing a written notice of at least 3 (three) business days;
- (b) Closure of Your account by the Company or You for any reason immediately;
- (c) The Company may terminate this Agreement and close Your account if it comes to the knowledge of the Company that You have breached any of these terms and conditions, whether intentionally or by implication;
- (d) The Company may terminate the Agreement, if it is so required to be one by an express direction of law. All termination notices have to be forwarded to 30 Jawaharlal Nehru Road, Chowringee Mansion, Suite 9B, 2nd Floor, Kolkata - 700016. The Company hereby expressly states that this service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news and bulletin boards, blogs, tools, information and databases) is intended for End Users who are legally permitted to enter into a contract. This Service is not intended for the use of minors or people who are not permitted to enter into a valid and binding contract. In the event if it comes to the attention of the Company, from authentic and valid resources, that a particular End User does not meet this criteria, then the Company will forthwith close the account of the said End User and will delete all information and content which is relating to that End User without any obligation or liability towards such End User from the Company's records.
The Company controls and operates this website from its corporate office in Kolkata, India, and makes no representation that these materials are appropriate or available for use in other locations. If You use this website from other locations, You are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Kolkata, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Kolkata, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and the venue for arbitration shall be Kolkata. The courts in Kolkata shall have the sole jurisdiction regarding the subject matter of this Agreement.
- (a) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
- (b) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any way.
- (c) To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
- (d) Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- (e) This Agreement may only be amended by either the same electronic means as were used to enter into this Agreement or in a writing that specifically refers to this Agreement, executed by both parties hereto.