TERMS OF SERVICE
In terms of Information
Technology Act, 2000, this document is an electronic record. Being
generated by a computer system it does not require any physical or digital
signatures.
This document is published in accordance
with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and Terms of Service for access or usage of www. Socialyard.in.
The domain name www.socialyard.in (hereinafter referred to as "Website")
is owned by XXXX Pvt. Ltd. (hereinafter referred to as “Company”), having registered address at
Address.
The use of this website by You is
solely governed by this policy and any policy so mentioned by terms of
reference. Moving past home page, or using any of the services shall be taken
to mean that You have read and agreed to all of the policies so binding in You
and that You are contracting with the Company and have undertaken binding obligations
with the Company.
For the purpose of these Terms of
Service, wherever the context so requires "You" or "User"
shall mean any natural or legal person who has agreed to become a member on the
Website by providing Registration Data while registering on the Website. The
site also providing its services without registration does not absolve You of
this contractual relationship. The term "We",
"Us", "Our" shall mean Company Name.
You will be subject to the rules,
guidelines, policies, terms, and conditions applicable to any service that is
provided by this site, and they shall be deemed to be incorporated into this Terms
of Service and shall be considered as part and parcel of this Terms of Service.
We hold the sole right to modify the
Terms of Service without prior permission from You or informing You. The
relationship creates on You a duty to periodically check the terms and stay
updated on its requirements. If You
continue to use the website following such a change, it is deemed as consent by
You to the so amended policies. As long as You comply with these Terms of
Service, We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Website.
By impliedly or expressly accepting these Terms of Service, You also
accept and agree to be bound by other Policies, inter alia Privacy Policy of the Company, which would be amended
from time to time.
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Socialyard is brand owned by <
The membership of this website is available only to
those above the age of 18 barring those ‘Incompetent to Contract’ which inter
alia includes insolvents and the same is not allowed to minors as described by
the Indian Contract Act, 1872. If You are a minor and wish to use the services
offered on this website, you may do so through your legal guardian and Company name reserves the right to terminate your account on knowledge of You
being a minor and using the membership of the site.
Further,
You are solely responsible for protecting the confidentiality of your username
and password and any activity under the account will be deemed to have been
done by you. In the event you provide us with false and inaccurate details or Company name has a reasonable reason to
believe that false and inaccurate information has been furnished, we hold
the rights to permanently suspend your account.
By using
this website, it is deemed that you have consented to receiving calls,
autodialed and/or pre-recorded message calls, e-mails, from Us at any time with
the use of the telephone number and e-mail address that has been provided by
you for the use of this website which are subject to the Privacy Policy. This
includes contacting you through information received through other
parties. The use of this website is also
your consent to receive SMSs from Us at any time we deem fit. This consent to
be contacted is for purposes that include and are not limited to clarification
calls and marketing and promotional calls. In case you wish the communications
to cease, kindly intimate us of the same via an email at info@socialyard.in
You may also be contacted by Service
Providers with whom we have entered into a contract in furtherance of our
rights, duties and obligations under this document and all other policies
followed by Us. Such contact will be made only in pursuance of such objectives,
and no other calls will be made.
The sharing of the information
provided by you will be governed by the Privacy Policy and We will not give out
such contact information of yours to third parties not connected with the
Website.
The membership of this website is free of cost and
this includes the browsing of the site and the use of the services which is
subscribing to the product. However, we reserve the right to amend this no-fee
policy and charge for the services rendered. In a case that such happens, Users
will be intimated of the same, and it will be up to you to decide whether or
not you will continue with services offered by us. Such changes are effective
as soon as they are posted on the Site.
We may charge a
subscription fee for certain services that we provide to you, including but not
limited to, the facility of sending SMSs, e-mails to customers of your
business, the usage of the “Talk to Business” and “Message Board” facilities
etc. on this website. We reserve the
right to amend the charges for these services at any time. In a case that such
happens, Users will be intimated of the same, and it will be up to you to
decide whether or not you will continue with services offered by us. Such changes
are effective as soon as they are posted on the Site.
All text, graphics, user interfaces,
visual interfaces, photographs, trademarks, logos, sounds, music and
artwork (collectively, "Content"), is a third party user generated
content and We have no control over such third party user generated content as
We are merely an intermediary for the purposes of this Terms of Service.
Other than when provided for, the
use of such content and it being reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, Website or
other medium for publication or distribution or for any commercial enterprise,
without Our express prior written consent is not allowed.
The content that you post will
become Our property and You grant Us the worldwide, perpetual and transferable
rights in such Content. We shall be entitled to, consistent with Our Privacy
Policy as adopted in accordance with applicable law, use the Content or any of
its elements for any type of use forever, including but not limited to
promotional and advertising purposes and in any media whether now known or
hereafter devised, including the creation of derivative works that may include
the Content You provide and are not entitled to any payment or other
compensation for such use.
You are a
restricted user of this website.
6.1 You are bound not to cut, copy, distribute, modify,
recreate, reverse engineer, distribute, disseminate, post, publish or create
derivative works from, transfer, or sell any information or software obtained
from the website. With our prior permission limited use may be allowed. For the
removal of doubt, it is clarified that unlimited or wholesale reproduction,
copying of the content for commercial or non-commercial purposes and
unwarranted modification of data and information within the content of the
Website is not permitted.
6.2 You agree not to access (or attempt to access) the
Website and/or the materials or Services by any means other than through the
interface that is provided by the website. The use of deep-link, robot, spider
or other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Website or Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Website, materials or any Content, to obtain
or attempt to obtain any materials, documents or information through any means
not specifically made available through the Website. You acknowledge and agree
that by accessing or using the Website or Services, You may be exposed to
content from other users that You may consider offensive, indecent or otherwise
objectionable. We disclaim all liabilities arising in relation to such
offensive content on the Website. Further, You may report such offensive
content.
6. 3 In places where this website allows you to post or
upload data/information, You undertake to ensure that such material is not
offensive and in accordance with applicable laws. Further, You undertake not
to:
a)
Abuse, harass, threaten, defame,
disillusion, erode, abrogate, demean or otherwise violate the legal rights of
others;
b)
Engage in any activity that
interferes with or disrupts access to the Website or the Services (or the
servers and networks which are connected to the Website);
c)
Impersonate any person or entity, or
falsely state or otherwise misrepresent Your affiliation with a person or
entity;
d)
Publish, post, disseminate, any
information which is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, pedophilic, libelous, invasive of another's
privacy, hateful, or racially, ethnically objectionable, disparaging, relating
or encouraging money laundering or gambling, or otherwise unlawful in any
manner whatever; or unlawfully threatening or unlawfully harassing including
but not limited to "indecent representation of women" within the
meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e)
Post any file that infringes the
copyright, patent or trademark of other legal entities;
f)
Upload or distribute files that
contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of the Website or another's computer;
g)
Download any file posted by another
user that you know, or reasonably should know, cannot be legally distributed in
such manner;
h)
Probe, scan or test the
vulnerability of the Website or any network connected to the Website, nor
breach the security or authentication measures on the Website or any network
connected to the Website. You may not reverse look-up, trace or seek to trace
any information on any other user, of or visitor to, the Website, or any other
customer of the website, including any website Account not owned by You, to its
source, or exploit the Website or Service or information made available or
offered by or through the Website, in any way whether or not the purpose is to
reveal any information, including but not limited to personal identification
information, other than Your own information, as provided for by the Website;
i)
Disrupt or interfere with the
security of, or otherwise cause harm to, the Website, system resources,
accounts, passwords, servers or networks connected to or accessible through the
Websites or any affiliated or linked sites;
j)
Collect or store data about other
users in connection with the prohibited conduct and activities set forth in
this Section;
k)
Use the Website or any material or
Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of this website or other third parties;
l)
Violate any code of conduct or other
guidelines, which may be applicable for or to any particular Service;
m)
Violate any applicable laws or
regulations for the time being in force within or outside India;
n)
Violate the Terms of Service
including but not limited to any applicable Additional Terms of the Website
contained herein or elsewhere;
o)
Violate any code of conduct or other
guidelines, which may be applicable for or to any particular Service;
p)
Threaten the unity, integrity,
defense, security or sovereignty of India, friendly relations with foreign states,
or public order or cause incitement to the commission of any cognizable offence
or prevent investigation of any offence or is insulting any other nation;
q)
Publish, post, disseminate
information that is false, inaccurate or misleading;
r)
Violate any applicable laws or
regulations for the time being in force in or outside India;
s)
Directly or indirectly, offer, attempt to offer, trade
or attempt to trade in any item, the dealing of which is prohibited or
restricted in any manner under the provisions of any applicable law, rule,
regulation or guideline for the time being in force;
t) Create liability for Us or cause Us to lose (in whole
or in part) the services of Our internet service provider ("ISPs") or
other suppliers.
You shall not
engage in advertising to, or in solicitation of, other Users of the Website to
buy or sell any products or services, including, but not limited to, products
or services related to that being displayed on the Website or related to us.
You may not transmit any chain letters or unsolicited commercial or junk email
to other Users via the Website. It shall be a violation of these Terms of
Service to use any information obtained from the Website in order to harass,
abuse, or harm another person, or in order to contact, advertise to, solicit,
or sell to another person other than Us without Our prior explicit consent. We
can (and You hereby expressly authorize Us to) disclose any information about You
to law enforcement or other government officials, as we, in our sole
discretion, believe it necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury. In order to protect Our Users from such advertising or
solicitation, We reserve the right to restrict the number of messages or emails
which a user may send to other Users in any 24-hour period which We deem
appropriate in our sole discretion. You understand that We have the right at
all times to disclose any information (including the identity of the persons
providing information or materials on the Website) as necessary to satisfy any
law, regulation or valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of alleged
illegal activity or solicitation of illegal activity or in response to a lawful
court order or subpoena.
We have no obligation to monitor the materials posted
on the Website. We shall have the right to remove or edit any content that in
its sole discretion violates, or is alleged to violate, any applicable law or
either the spirit or letter of these Terms of Service. Notwithstanding this
right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST
ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or
have any responsibility or liability for any Content posted or for any claims,
damages or losses resulting from the use of Content and/or appearance of
Content on the Website. You hereby represent and warrant that You have all
necessary rights in and to all Content which You provide and all information it
contains and that such Content shall not infringe any proprietary or other
rights of third parties or contain any libelous, tortuous, or otherwise
unlawful information.
7. Disclaimer of Warranties and Liabilities
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW:
THE WEBSITE,
SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS
IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, COMPANY
NAME MAKES NO WARRANTY THAT
(I) YOUR
REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE;
(II)
MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR
RELIABLE;
(III) ANY
ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE
CORRECTED.
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED
TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY,
PUBLICITY, OBSCENITY OR OTHER LAWS. COMPANY NAME ALSO
DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR
UNAVAILABILITY OF ANY USER CONTENT.
THE USER
UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND
RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER
SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR
DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID
COUPON. COMPANY NAME ACCEPTS NO
LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED
TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT
BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE
ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS
AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
8. Indemnification and Limitation of Liability
YOU AGREE TO
INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO
ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING
LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE
THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR
MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY
REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE
PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD
US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT
OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR
MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE,
OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY
RIGHTS.
IN NO EVENT
SHALL COMPANY NAME, ITS OFFICERS,
DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY
THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING
BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY
OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE
WEBSITE, SERVICES OR MATERIALS.
THE
LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW.
9. Hosting of Third party information
The website hosts information provided by third parties.
We are in no manner responsible to you for the accuracy, legitimacy and
trueness of the information so hosted. We take reasonable care to ensure such
accuracy but we are not responsible for the information so furnished. You agree
to not hold us liable for the falsification of any such provided information.
All
users shall comply with all the applicable laws (including without limitation to
Foreign Exchange Management Act, 1999 and the rules made and notifications
issued there under and the Exchange Control Manual as may be issued by the Reserve
Bank of India from time to time, Customs Act, Information Technology Act, 2000
as amended by the Information Technology (Amendment) Act 2008, Prevention of
Money Laundering Act, 2002 and the rules made there under, Foreign Contribution
Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and
the rules made there under, Export Import Policy of the Government of India)
applicable to them respectively for using Payment Facility and the website.
11. Disputes and Jurisdiction
All disputes
involving but not limited to rights conferred, compensation, refunds, and other
claims will be resolved through a two-step Alternate Dispute Resolution
mechanism.
11.1 Stage 1: Mediation. In case of a dispute, the matter will first be
attempted to be resolved by a sole mediator who is a neutral third party and
will be selected at the mutual acceptance of a proposed mediator by both
parties. Both parties may raise a name for the sole mediator and in the case
both parties accept the proposed name, the said person shall be appointed as
sole mediator. In case the parties are not able to reach a consensus within two
proposed mediators, the Company reserves the right to decide who the final mediator
is. The decision of the mediator is not binding on both parties.
11.2 Stage 2: Arbitration. In case that mediation does not yield a
result suitable or preferred by any one of the parties, arbitration may follow,
the award of which is binding on both parties. The Arbitration Board shall
comprise three members – one appointed by each party and the third member to be
nominated by the two appointed members by mutual consent. Arbitration shall be
held at Bangalore, India. The proceedings of arbitration shall be in the
English language. The arbitrator’s award shall be final and binding on the
Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute
Resolution mechanism, it shall be referred to the courts at Bangalore, India.
12. Contact Us
If you have any
questions about this Agreement, the practices of Company Name,
or your experience with the Service, you can e-mail us at info@socialyard.in
