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We welcome you to our website WWW.INDIACOM.COM.
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Terms of Use :
YOUR
ACCEPTANCE OF THIS AGREEMENT
The following terms and conditions ("Terms of Use" or "Terms")
govern your use of the Indiacom.com website (the "Site" or
"website"). By using this Site, you are entering into a legal
agreement with Indiacom Limited a Company registered under
the Companies Act, 1956 having its registered office at Hermes
Heritage, Phase I (Commercial), Shastri Nagar, Pune - 411006,
Maharashtra (sometimes referred to herein as "Indiacom", "we,"
"our" or "us"). The terms of your agreement with us are explained
below. Please read this document carefully.
These terms of use may be amended from time to time without
notice.
ACCESS
TO THE WEBSITE
Indiacom
Limited grants you access to and use of the Website for personal
or professional purposes only. By accessing the site you are
automatically getting an access to the server (computer resource),
owned by Indiacom, where the data of this site is stored.
You are hereby advised not to duplicate, download, publish,
distribute, sell, License, loan, alter, modify, create derivative
works from, or publicly display the material published on
this Site (the "Content") without express written consent
from Indiacom. You shall not use the Content to compile data
(or any other portion of the Content) in a manner that is
usable by a competitive listing product or service.
The use
of data mining techniques, including web scraping, web crawling,
bots or similar processes to gather or extract data from this
Site is strictly prohibited without our prior written consent,
which consent may be withheld or withdrawn at any time, with
or without notice, in our sole discretion.
Any copies of these
pages saved to disk or to any other storage medium may only
be used for subsequent viewing purposes or to print extracts
for personal use. You may not (whether directly or through
the use of any software program) create a database in electronic
or structured manual form by regularly or systematically downloading
and storing all or any part of the pages from this site. Unauthorised
access, redistribution, transmission and/or dealing with any
information contained in this site, re-production in any other
manner, either in whole or in part, is strictly prohibited,
for which strict legal action may be initiated against such
users. All copies that you make of the material must bear
any copyright, trademark or other proprietary notice located
on the site which pertain to the material being copied.
TRADEMARKS
AND COPYRIGHT
Indiacom.com
is compiled and made available by Indiacom Limited. This compilation
is a copyright work, with all rights reserved. The reproduction,
copying, downloading, storage, recording, broadcasting, retransmission
or distribution of any part of this Site is not permitted.
Nothing set forth herein shall be construed as granting a
license to you under any copyright, trademark, patent or other
intellectual property right of ours or any third party.
We
legally own a wide range of intellectual property rights used
in and relating to this website, including but not limited
to (a) each of the trademarks Indiacom, Indiacom.com, Indiacom
Yellow Pages, Indiacom logos; (b) the business-listings directory
database ('the database') which you can get access to using
this website. This shall not be used in any manner without
our prior written consent. All other trademarks including
service marks that may appear on the Site are the property
of their respective owners. We do not take responsibility
for monitoring the use by others of copyrights, trademarks,
or other intellectual property of third parties published
on the Site. We reserve the right (but shall have no obligation),
at our sole discretion, to remove Content, suspend or terminate
Site access, or take other appropriate action against users,
advertisers or other third parties who infringe the intellectual
property rights of Indiacom and/or others. As a publisher
of advertisements, we are not in a position to arbitrate trademark
disputes between advertisers and trademark owners. Advertisers
are responsible for the content they choose to use. Accordingly,
we encourage trademark owners to resolve their disputes directly
with the advertiser.
INFORMATION
YOU PROVIDE TO US
All
information/listing(s) provided by you in connection with
your use of the site is governed by the indiacom.com Privacy
Policy. Please review the Privacy Policy at
http://www.indiacom.com/yellowpage/disclaimer.asp
USING INDIACOM.COM
Indiacom.com
allows you to search for goods and services and to contact
the organisations that provide these goods and services. You
are allowed to use the website and the results of any search
you carry out on the website for this purpose unless this
is not allowed under paragraph 10 of these conditions.
We process information about you in line with our Privacy
Policy. By using the website, you agree to the way in which
we process your personal information.
You shall not host, display, upload, modify, publish, transmit,
update or share any information that -
(a) belongs to another person and to which the user does not
have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory,
obscene, pornographic, paedophilic, libellous, 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; (c) harm minors
in any way; (d) infringes any patent, trademark, service mark,
copyright or other proprietary rights; (e) violates any law
for the time being in force; (f) deceives or misleads the
addressee about the origin of such messages or communicates
any information which is grossly offensive or menacing in
nature; (g) impersonate another person; (h) contains software
viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
resource; (i) threatens the unity, integrity, defence, security
or sovereignty of India, friendly relations with foreign states,
or public order or causes incitement to the commission of
any cognisable offence or prevents investigation of any offence
or is insulting any other nation
NO LICENSE
Nothing contained herein, shall be construed as
conferring by implication, estoppels, or otherwise any license
or right under any copyright, trademark, patent or any other
intellectual property right in the material or the products,
services, processes or technology described herein or proprietary
rights of indiacom.com or of any other party.
FORCE
MAJEURE
You hereby acknowledge and agree that Indiacom
shall not be in breach of its obligations under this Agreement,
and shall not be liable, if, for cause or causes beyond its
control, Indiacom is unable to perform, in whole or part,
any one or more of its obligations under this Agreement. Such
causes shall include, but not be limited to, labour disputes,
governmental regulations or controls, or other casualty, inability
to obtain materials or services, technical failure, acts of
God, insurrection, acts of terrorism, or any other cause not
within the reasonable control of Indiacom.
DISCLAIMER
This Website is provided by Indiacom on an "as
is" and "as and when available" basis to users.
You acknowledge that any reliance on any opinion, advice,
statement, memorandum, or information on the Website shall
be at your sole risk. The site content provided by advertisers
including product/service performance claims, advertisement
and/or sales promotions is the sole responsibility of such
advertisers and they alone shall be liable for all disputes
and liabilities arising therefrom and Indiacom.com will in
no way be responsible for it.
Indiacom tries to ensure that all information provided as
part of this Website is correct at the time of inclusion on
the Website but makes no representation or warranty as to
the completeness, accuracy, currency, adequacy or suitability
of such information. Indiacom Limited makes no warranty that
the contents of this site are free from infection by viruses
or anything else which has contaminating or destructive properties.
Indiacom Limited and its affiliates, associates, agents or
employees shall not be liable, at any time for any damages
(including, damages for loss of profits or loss of business)
arising in contract, tort or otherwise from the use of or
inability to use the Site, or any of its contents, or from
any act(s) or omission(s) a result of using the Site or any
such contents or for any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communications line failure, theft or destruction
or unauthorised access to, alteration of, or use of information
contained on the site. Indiacom excludes, to the fullest extent
permitted by law all liability resulting from your access
to this Website or the use of information contained within
it. It would be appreciated however if any inaccuracies were
brought to the attention of the company via letters, calls
or through the email at webmaster@indiacom.com.
INDEMNITY
All Product and Services marks contained herein
that are not Indiacom.com or Indiacom Limited marks are the
trademarks of their respective owners. References that we
make to any names, marks, products or services of third parties
or information do not, unless otherwise indicated, constitute
or imply our endorsement, sponsorship or recommendation of
the third party, information, product or service.
ENDORSEMENTS
All Product and Services marks contained herein that are not Indiacom.com
or Indiacom Limited marks are the trademarks of their respective
owners. References that we make to any names, marks, products
or services of third parties or information do not, unless
otherwise indicated, constitute or imply our endorsement,
sponsorship or recommendation of the third party, information,
product or service.
LIMITATION
OF LIABILITY INDEMNIFICATION
Under no circumstances including, without limitation,
Indiacom’s negligence, shall Indiacom be liable for
any damages including, without limitation, direct, special,
indirect, punitive, consequential, exemplary and/or incidental
damages that result from your use of the Site. Notwithstanding
anything else contained in these terms, in the event any provision
of the Terms is held by a court of competent jurisdiction
to be invalid or unenforceable in whole or in part, in no
event shall Indiacom’s total liability to you, or anyone
claiming by or through you, for any damages, losses, claims,
and/or cause of action, shall exceed rupees one thousand (Rs.
1000/-). Further, You shall indemnify, defend and hold harmless
Indiacom and its officers, directors, affiliates, subsidiaries
and attorneys and agents, from and against any and all damages,
claims and actions brought by you or any third party resulting
from your use of the site in violation of these terms or the
infringement by you of any intellectual property rights of
any person or entity.
GOVERNING
LAW AND DISPUTE RESOLUTION
These terms of use shall be governed by and construed
in accordance with Indian laws. All disputes arising out of
this agreement, shall at first be sought to resolve with amicable
negotiation between the user and Indiacom, If any Dispute
cannot be resolved by the Parties within a maximum of 45 (Fifteen)
working days after it has been referred for negotiation as
stated above, the dispute shall be resolved exclusively by
arbitration by reference to a sole arbitrator to be appointed
by mutual consent of both the parties. The arbitration shall
be held at Pune, India under the provisions of Arbitration
and Conciliation Act, 1996 or any statutory modification or
re-enactment thereof for the time being in force in India.
Each Party shall bear the cost of preparing and presenting
its case, and the cost of arbitration, including fees and
expenses of the arbitrators, shall be shared equally by the
Parties unless the award otherwise provides. The award of
the arbitrator or arbitrators as the case may be shall be
final and binding on the parties. In case the dispute failed
to be resolved by Arbitration, then all disputes are subject
to jurisdiction of the courts of Pune, Maharashtra, India.
This Website can be accessed from any place around the world.
However, by accessing this Website you agree that the laws
of India, without regard to rules relating to conflict of
laws, will apply to all matters relating to your use of this
Website. Users of this Website accessing it from places outside
of India acknowledge that they do so voluntarily and are responsible
for complying with local laws.
WAIVER
AND SEVERABILITY
No delay or omission by Indiacom to exercise any
right or any non-compliance on your part with respect to the
Terms shall impair any such right or be construed to be a
waiver by Indiacom. If any provision of the Terms is found
by a court of competent jurisdiction to be invalid or unenforceable
in whole or in part, such provision shall, as to such jurisdiction,
be ineffective to the extent of such invalidity or unenforceability
without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions
hereof in any jurisdiction, provided, however, if such invalid
or unenforceable provision may be modified so as to be valid
and enforceable as a matter of law, such provision will be
deemed to have been modified so as to be valid and enforceable
to the maximum extent permitted by law.
ENTIRE
AGREEMENT
These
Site Terms and conditions constitute the entire agreement
between the parties with respect to the subject matter hereof
and this supersedes and replaces all previous or coexisting
understandings/agreements, written/oral, with respect to the
subject matter. If any of these conditions is determined by
a court of competent jurisdiction to be illegal, invalid or
otherwise unenforceable, that provision shall be severed from
these conditions and the remaining provisions shall continue
in full force and effect.
NON-COMPLIANCE
BY USERS
We
reserve the right to terminate, suspend or restrict your access
to the site, without notice, in the event of violation/non-compliance
with any of the above mentioned terms of use..
FEEDBACK
If you have any questions or comments about this
Terms of Use, the practices of this site or your dealings
with this Web Site, you can contact: websupport@indiacom.com
Last Updated Date: 1st-February-2012
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