The terms and conditions of use mentioned herein shall apply to this website chupparustam. and its associated mobile applications. It is clarified that the Terms of Use shall also apply to the use of the Content and/or the Services by the User.
The terms and conditions stated herein, along with the applicable policies and guidelines located throughout the Websites (collectively herein the "Terms of Use") identify what you, as a user of the Websites ("you" or "User") can expect from the Company, and/or persons who provide products or services to the Company either directly or through the Company ("Company Service Providers") or the Websites and/or the Services and what the Company in turn expects from Users.
BY SUBSCRIBING TO OR USING ANY OF THE COMPANY'S SERVICES INCLUDING THE USE OF THE CONTENT AND/OR THE PRODUCTS, ACCESSING ANY AREA ON THE WEBSITES, BROWSING, USING, FRAMING AND / OR LINKING TO THE WEBSITES, YOU ARE EXPRESSLY AGREEING TO COMPLY WITH AND BE BOUND BY THE TERMS OF USE, INCLUDING THE PRIVACY POLICY, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS WITHOUT ANY LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE AND TO FOLLOW ALL APPLICABLE LAWS, YOU SHOULD LEAVE AND CEASE USE OF THE WEBSITES IMMEDIATELY. THE TERMS OF USE SET OUT ON THE WEBSITES ARE BINDING AS PER THE PROVISIONS OF THE INFORMATION TECHNOLOGY ACT OF 2000 AND RULES/ REGULATIONS PRESCRIBED THEREUNDER. YOU ARE ALSO EXPRESSLY AGREEING TO USING THE WEBSITES KNOWING FULLY THAT IT IS WORK UNDER PROGRESS AND MAY AT PLACES BE LACKING IN SECURITY/USABILITY/PRIVACY FEATURES AS PER INDUSTRY STANDARDS.
The User undertakes, warrants and represents NOT to:
Any such content may be deleted or removed by the Company without notice and the Company may cancel any registration or terminate the account on the Websites at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs. Further, the user agrees to indemnify the Company for all losses incurred by the Company due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the Websites of the Company.
The User/Visitor to the Websites does hereby specifically agree that he or she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any User Content, information or data into the computers, computer systems or computer network of the Company. The said User/Visitor to Websites does further unequivocally declare that in case he or she violates any provisions of the Information Technology Act, 2000, and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he or she shall be solely responsible for all the acts, deeds and things and any liability arising out of such acts, deeds and things or any other law for the time being in force.
The foregoing conditions and restrictions shall not be considered an exhaustive list of prohibited or restricted activities.
Any unauthorized use of the Websites, the Content or any portion or derivative thereof, or any use that impairs the interests of the Company or other Users, violates any code of conduct or other guidelines, or violates, abuses, unethically manipulates or exploits, any terms and conditions of the Terms of Use or other terms and conditions available elsewhere on the Websites, or such attempted use, as the case may be, shall immediately terminate any right or permission granted by the Company in terms hereof. Company reserves all rights.
You guarantee, warrant, and certify that you are the sole and exclusive owner of the content which you submit on the Websites or are otherwise authorised to use such content and that such content does not infringe upon the property rights, intellectual property rights or other rights of others. You will solely be responsible for any content that you provide or upload when using the Websites, including any text, data, information, images, photographs, music, sound, video, ideas, concepts, or any other material which you may upload, transmit or store when making use of the Websites. However, with regard to the product customization Service, if any, you expressly agree that by uploading and posting content on to the Websites for public viewing and reproduction/use of your content by third party users, you accept and grant a non-exclusive license for the use of the same. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by the Company.
The User is solely responsible for maintaining confidentiality of the user password and identification and all activities and transmission performed by the User through the user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards or debit cards or such other forms of instruments or documents for making such transactions. Company shall not have any responsibility or liability for their improper use of information relating to such usage of credit cards or debit cards used by the subscriber online or off-line.
The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account or information relating to or regarding online transactions using credit cards or debit cards or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Payments for the services offered by the Company shall be on fully (100 percent) advance basis. The Company normally follows a no-refund policy. Refund if any will be at the sole discretion of the Company. Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User's bank account. The Company as a merchant shall not be liable for any loss or damage, arising directly or indirectly, out of decline of authorization for any Transaction on account of the cardholder having exceeded preset limit mutually agreed by the Company with its acquiring bank from time to time. Further, the Company gives no guarantees of server uptime or applications working properly. The Company shall act on a best effort basis and liability is limited to refund of amount only.
The Company undertakes no liability for free services.
User undertakes that Services offered by the Company shall not be used to indiscriminately and repeatedly upload, post, email, send, forward, transmit, or otherwise make available, unsolicited bulk or commercial emails or messages, whether directly or indirectly.
The Company shall endeavour to abide by the International Best Practices for eliminating Spam. The Company reserves the right to monitor, filter and block such emails or messages sent by any User using the Company's servers to relay such emails or messages. Any violation of this Section shall entitle the Company to terminate all Services to the User without notice and forfeit any amounts paid by him.
The Websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company or the Website and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Linked Sites are not under the control of the Company and the Company is not responsible for and makes no representations or warranties concerning the contents of any Linked Site or any link contained in a Linked Site and Company is not responsible for any form of transmission, whatsoever, received by you from any Linked Sites. Company provides links to Users only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by the Company of the Linked Sites. If User decides to access any of the Linked Sites, User does so entirely at its own risk. Company reserves the right to terminate any link or linking program at any time, without prior notice. Users are advised to consult the terms of use, other policies and agreements of each Linked Site they visit. In the event that User has a dispute with any such third party, User hereby releases the Company from any and all claims, demands, and damages pursuant to the relevant provisions contained herein.
There may be circumstances where access to the Websites is provided by a hypertext link located at another web site. Company does not make any representations or give any warranties with respect to any information contained in or at these other sites and the Company shall not be liable for any damages or injury arising from the content of other sites. Company does not endorse the individuals, companies, or other similar entities, or any products or associated materials, which provide a link to the Websites. Unless explicitly approved by the Company in writing or otherwise, you agree not to: (a) provide or create a link to the Websites; and (b) create any frames at any other web sites pertaining to any of the Content located at the Websites.
Company, or third parties who have licensed their content to the Company or contributed to the Websites ("Content Owner"), own or license from third parties all Content including without limitation all course material, software, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, digital streams, data compilations, etc. All Content remains the sole property of the applicable Content Owner and is protected under relevant copyright, trademark and other applicable laws. Nothing on the Websites should be construed as granting any license or rights to use or distribute any Content, except as expressly set out herein or otherwise with the express written agreement of the relevant Content Owner, as the case may be.
The trademarks, logos, and service marks, and other names, logos, and icons identifying the Company's products and services (collectively, "Trademarks") displayed on the Websites, are registered and unregistered Trademarks of the Company, its affiliates, suppliers or others. Certain portions of the Websites may be identified as being the subject of a specific copyright held by an entity other than the Company and, as such, may not be copied without the permission of the holder of the copyright.
User agrees to indemnify, hold harmless, and defend Company and each of Company Service Providers including its advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors (collectively, "Company Indemnified Parties") from any and all claims (including third party claims), causes of actions, proceedings, liabilities, damages, or other demands (including reasonable attorneys' fees, accounting expenses, and legal costs), arising from or related to (a) your (or any user of your account) access to or use of the Websites and Services, including, without limitation, your or others' access of Content by means of Websites or third-party web sites, or your purchasing of goods or services from third parties or Company; (b) your violation or breach of the Terms of Use, including, without limitation, any representation or warranty contained in the Terms of Use; or (c) your User Content or provision to Websites of information or any other products, postings, offerings, data or content. Company Indemnified Parties will have the right, but not the obligation, to participate, through counsel of their choice, in any defence by User of any claim as to which User is required to defend, indemnify or hold harmless the Company Indemnified Parties ("Indemnified Claim"). User may not settle any Indemnified Claim without the prior written consent of the concerned Company Indemnified Parties. Company reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you in terms hereof.
Prices for products/Services offered by the Company are described on the Websites and are incorporated into the Terms of Use by reference. Unless specified otherwise, all prices are in Indian Rupees. Prices, products and Services may change at the discretion of the Company. In addition to the rates for the products or services, Users shall pay all applicable fees, duties, tolls, surcharges, or governmental taxes now or hereafter imposed that are attributable to the products or services purchased by you and included on invoice and any reasonable expense incurred by the Company relating to such assessments.
Company may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Websites including any account thereon, without notice, for any reason in Company's sole discretion, including without limitation violation of the Terms of Use, Company's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Company, any Company Service Provider or another User. Further, your account may be terminated after significant duration of inactivity.
The Terms of Use will survive indefinitely unless and until the Company chooses to terminate the same which decision shall be communicated by the Company in writing.
If you or the Company terminates your use of the Websites or any Service, for any reason whatsoever, Company may delete any Content or other materials relating to your use of the Websites and/or the Services and the Company will have no liability to you or any third party for doing so. You shall be liable to pay for any Services or Product that you have already ordered till the time of termination by either party.
In certain cases, in Company's sole discretion, Company may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Websites has been terminated including the right to use, access or create any account thereon; (ii) that Company refuses to provide any Services to such Restricted User; and (iii) any subsequent or pending orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the relevant Restriction Notice.
The Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Any dispute or differences arising out of or in connection with this Master Agreement shall be resolved by binding arbitration of the sole arbitrator appointed by the Company. The courts at New Delhi shall have exclusive jurisdiction.
The information contained on the Websites and/or provided pursuant to the Services is provided on as "as is" and "as available" basis without any warranty or representation of any kind, either express or implied including but not limited to those of merchantability, fitness for a particular purpose and non-infringement, accuracy, authority, completeness, usefulness and timeliness. To the fullest extent permissible by applicable law, Company and each Company Service Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant or guarantee the accuracy, reliability or legality of any of the information on the Websites and/or provided pursuant to the Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Websites at any time. The subscription of a User shall be subject to quotas as applicable and may change without notice.
Without limiting the foregoing, neither Company nor any Company Service Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Websites and/or the Services, or the information, content, including digital content and User created content, and Content or products/services included thereon; (ii) that the operation will be uninterrupted or error-free or free of any virus, computer contaminant, worm or other harmful components ; (iii) as to the accuracy, reliability, or currency of any Content, information, content, including digital content and User created content, Services, or Products provided through the Websites and/or the Services; or (iv) that the Websites and/or the Services, its servers or e-mails sent from or on behalf of Company are free of viruses, scripts, trojan horses, worms or other harmful components.
The subscription agreement between the Company and Users is not a "non-poach agreement" and shall not be termed or used as an alternative to "non-poach agreement". The Websites are public websites and all information posted by the Company shall be in public domain, except such information or data which the User or the Company specifically assigns to be of a private character.
The agreement of Service entered into between the Users and the Company shall not confer exclusivity of service to any User.
The Company shall not be party to any legal proceedings between Users who connect through the Websites. In case the Company is implicated in any legal proceedings, the costs will be recovered from the party that names the Company. However, the Company will in all circumstances abide by any court order served on through due process of law
If any person, whether or not registered with the Company's Websites, receives a spam or virus including a link to the Websites maintained, operated or owned by the Company, the Company shall not be responsible or liable in connection with such spam or viruses.
The Company does not have or operate through any agents except for those specifically mentioned on the homepage of the Websites. Additionally, notwithstanding anything contained herein, the provision of Services by the Company through its mobile applications or Websites shall not be construed as acting as an agent on behalf of the User.
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY COMPANY SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITES AND/OR THE SERVICES, EVEN IF COMPANY OR ANY COMPANY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INCLUDING DIGITAL CONTENT AND USER CREATED CONTENT, CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES. IN ANY EVENT, COMPANY'S LIABILITY SHALL BE CAPPED TO THE EXTENT OF THE FEES RECEIVED BY IT FROM THE USER.
The Company reserves its right to amend or alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms or disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
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