123India.com : TERMS AND CONDITIONS.
Please read the following agreement carefully.
You must accept the agreement to be able to use 123India.com. Premium membership.
1. Acceptance of Terms of membership
123India.com's Premium membership is provided to registered Members (each, a "Member ") under these Terms of membership. By completing the registration process and clicking the "I accept" button, you are indicating your agreement to be bound by these terms of membership. These Terms of membership form independent agreements between you and 123India.com, as each Term applies to 123India.com.
2. Registration Information
Members agree that 123India.com may disclose to third parties certain aggregate information contained in Members’ registration applications. 123India.com will not disclose any individual Members’ names, addresses, email addresses or telephone numbers without such Members’ prior written consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. 123India.com reserves the right to terminate any Members’ account if 123India.com learns that such Members’ have provided 123India.com false or misleading registration information.
3. Modifications of these Terms of Membership
123India.com may modify these Terms of Membership from time to time at its sole discretion. 123India.com will provide Members with reasonable notice of any such changes, and continued use after such notice of 123India.com will be conditioned upon each Members’ affirmative acceptance of any such changes.
4. Modifications/Discontinuation of 123India.com services
123India.com may modify or discontinue membership with or without notice, without liability to any Member or any third party.
5. Contents of Messages
123India.com does not, and cannot, monitor, censor or edit the contents of Members’ email messages. Members alone are responsible for the contents of their messages, and the consequences of any such messages. Members agree that it will not use 123India.com for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. Members further agree not to use 123India.com to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or illegal material of any kind or nature.
123India.com reserves the right to terminate any membership if it becomes aware and determines, in its sole discretion, that such Members are violating any of the foregoing guidelines.
6. Password
Members are responsible for maintaining the confidentiality of their password. Members are responsible for all uses of its membership, whether or not authorized by Member. Members agree to immediately notify 123India.com of any unauthorized use of itsmembership.
7. Disclaimer of Warranties
Members expressly agree that use of 123India.com's premium membership is at Members’ sole risk. 123India.com's premium membership is provided on an "as is" and "as available" basis.
123India.com disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose.
123India.com does not make any warranty that 123India.com will meet Members’ requirements, or that membership at 123India.com will be uninterrupted, timely, secure, or error free; nor does 123India.com make any warranty as to the results that may be obtained from the use of 123India.com or as to the accuracy or reliability of any information obtained through 123India.com.
Members understandand agree that any material and/or data downloaded or otherwise obtained through the use of 123India.com is at members’ own discretion and risk and that members will be solely responsible for any damage to members’ computer system or loss of data that results from the download of such material and/or data.
123India.com does not make any warranty regarding any goods or services purchased or obtained through 123India.com or any transactions entered into through 123India.com.
No advice or information, whether oral or written, obtained by members from 123India.com or through 123India.com shall create any warranty not expressly made herein.
8. Limitation of liability
123India.com shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use 123India.com or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through 123India.com or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if 123India.com or its partners and associates have been advised of the possibility of such damages.
9. Information Storage
123India.com will not assume any responsibility for the deletion or failure to store information, whether inadvertent or through 123India.com's negligence.
10. Promotional Messages
123India.com and/or third parties may, from time to time, send email messages to Members containing advertisements, promotions, etc. 123India.com does not, and will not, make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and Members agree that 123India.com shall have no liability with respect thereto.
11. Home Page services
Homepage services provided by Premium Membership of 123India.com allows users 2 GB data transfer per annum for users availing 12 months and 1 GB data transfer for 6 months for users availing a 6 month membership. The homepages will stop displaying when the limit is breached
( without any recourse).
12. Indemnification
Members agree to defend, indemnify and hold 123India.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Members’ use of 123India.com, the violation of these Terms of Membership , or the infringement by Member, or any other user of Member’s account, of any intellectual property or other right of any person or entity.
13 . RULES RELATING TO MINORS.
If you are under the age of 18 you may not use the Services without the consent of a parent. If you are age 18 or older, you warrant to us that you are at least 18 years old, that all information that you submit to us is true and verifiable (including your credit card account information), and you agree to pay all fees, charges, taxes and assessments arising out of your use of the membership. We expect that there will be future developments in the area of children's privacy, in particular in connection with the provision of Internet services to children. We are monitoring these changes and will modify the Membership as necessary to comply with any new regulations.
14 PAYMENT TERMS
TERM. The membership begins on the date that you accept these Terms and Conditions. We will notify you by e-mail at least 30 days prior to the expiration of the membership term with your renewal information.
PAYMENT. Upon placing an order for the membership, you must provide us with valid credit card details. You hereby authorize us to charge your credit card account in advance, for the full price of the membership for one term. You acknowledge and agree that we may, in our sole discretion, change the Fee Schedule at any time; provided that we will only apply any changes in the Fee Schedule to your future charges
REFUNDS - OUR CANCELLATION. You will not be entitled to a refund in the event we cancel your Membership for a violation by you of these Terms and Conditions.
REFUNDS - NON-USE. Notwithstanding anything to the contrary herein, in no event will you be entitled to a refund of any portion of the membership fees because you have not used the Services.
TERMINATION. We, in our sole discretion, may suspend or terminate the membership if you default in your payment. A payment "default" includes your credit card company denying the charge to your credit card account. We will provide you with notice of any payment default by e-mail.
15 SURVIVAL OF TERMS AND CONDITIONS. You must adhere to these Terms and Conditions for so long as you are our member. The following provisions of these Terms and Conditions will survive any termination: rules for using the Services, our privacy policy, indemnification & other provisions.
16 Applicable Law
These Terms of Membership shall be governed by and construed in accordance with the laws of India, subject to Mumbai High Court Jurisdiction only.
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