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caclubindia.com & its other channels are an online information and communications service provided by CAclub, a non-profit and non-commercial organization founded
with a mission for the benefit of Taxpayers and Chartered Accountants of India. All information is provided on a volunteer basis by users of this Web site and members of CAclub.. Users of this Web
site and members of CAclub have varying levels of knowledge; CAclub
does not certify accuracy of
any information or certify that any level of expertise relevant to that
information has been met. Your access to and use of caclubindia.com (the "Site") is governed by these Terms of Use and disclaimer clause
on the site and any notices
and consent provided or obtained in connection with the Site (collectively, the
"Agreement"). As used in this Agreement ","caclubindia.com
"We," "Us," or "Our" refers to CAclub ,its members
and designers/developers.
"You" or "Your" refers to you, the user of this Site.
BY USING THE SITE, YOU AGREE AS FOLLOWS:
1. Type of Content on the Site
The information available on this Site, including, without limitation, reviews,
opinions, directions, guides, graphics, photographs, logos, audio or video
clips, and data (collectively "Content") is not a
substitute for any type of professional advice, including, without limitation,
psychiatric, medical, financial, or legal advice. Always seek the advice of an
appropriate professional and never disregard professional advice or delay in
seeking it because of Content on this Site. CAclub does not certify
or endorse the Content on this Site, including without limitation any opinion,
recommendation, advice, or any other information contained in the Content.
caclubindia.com IS NOT RESPONSIBLE FOR HARM TO
PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT
LIMITATION, USE OF ANY CONTENT ON THE SITE.
2. Agreement to Deal Electronically
Your use of the Site is conducted electronically and you agree that
caclubindia.com
may communicate with you electronically for all aspects of your use of the Site,
including sending you electronic notices. If you do not wish to deal
electronically, do not use this Site. Delivery of electronic notices is not
infallible, so you agree to contact caclubindia.com
if you need information about the Site. You agree to keep all records relating
to your use of the Site and to print or make an electronic copy of this
Agreement and any disclosures provided on the Site. Except as prohibited by law,
you waive any law requiring different communication methods in connection with
your use of this Site caclubindia.com reserves the
right, at its sole discretion, to deliver notices and disclosures by other means
such as postal mail.
3. Changes to this Agreement
The Site is like a store: every time a customer enters a store the customer is
bound by the rules in effect on the date of the customer’s visit. Similarly,
at this Site, you are bound by the version of this Agreement that is in effect
on the date of your visit. The terms of this Agreement may change from time to
time so please review it when you visit the Site. Any use of the Site after the
effective date of any change will constitute your consent to the revised
Agreement.
4. Protect Your Password: You Authorize All Uses Made Of It.
You are responsible for maintaining the confidentiality of the password that you
choose to access and use the Site ("Account"). Subject to applicable
law, you agree to be liable for all uses of your Account whether or not actually
authorized by you, including but not limited to uses of your Account to submit
questions at the Site or to answer questions through the Site. This means that
you should not supply your password to anyone who is not authorized to take
actions for you.
5. Privacy
caclubindia.com may use your email address for the purposes it considers
and deems fit. Information about you may be used by caclubindia.com for the
purposes it considers and deems fit.
6. License to Use the Site
caclubindia.com hereby grants you a limited,
non-transferable license to access and use the Site and Content solely for your
personal, non-commercial purposes. Except for the license in this Section 6,
caclubindia.com retains all right, title, and interest in and to the Site and Content.
Subject to applicable law, caclubindia.com reserves
the right to suspend or deny, at its sole discretion, your access to all or any
portion of the Site with or without notice. You may not access or use the Site
or any portion of the Site if such access would violate any law. You may access
and print copies of the web screens from this Site, including a copy of this
Agreement, for your personal use. Except as provided in this Agreement,
permission to reprint or electronically reproduce any Content in whole or in
part for any other purpose is expressly prohibited, unless prior written consent
is obtained from caclubindia.com. You may contact
us if you wish to obtain
such consent. The Content on this Site is protected by copyright under both
United States and foreign laws. All rights not expressly granted herein are
reserved to caclubindia.com and its licensors.
The license in this Section 6 does not include permission to copy the design
elements, "look and feel" or layout of this Site. Those elements are
protected by law, such as trade dress, trademark, unfair competition, and other
laws, and may not be copied or imitated in any manner. Subject to applicable
law, caclubindia.com reserves the right to revoke the above permission at any time and
to suspend or deny, in its sole discretion, your access to all or any portion of
the Site with or without notice. Except as expressly provided in this Agreement,
neither caclubindia.com nor any third party has conferred upon you by implication,
estoppels, or otherwise, any license or right under any patent, copyright,
trademark, trade secret or any other proprietary right.
7. Rules Relating Services
If you use the services , you
are solely responsible for communications posted by you or through your Account.
You agree that violation of any of the following rules constitutes a material
breach of this Agreement:
- Using the Service for any purpose in violation of local, state,
national, or international laws;
- Providing false information on your registration form or impersonating any
person;
- Posting material that infringes on the intellectual property rights of
others or on the privacy or publicity rights of others;
- Posting or transmitting any information, data, text, files, links,
software, chat, communication, or any other materials that are unlawful,
harmful, threatening, abusive, invasive of another's privacy, harassing,
defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or
otherwise objectionable to any other person or entity as determined by
caclubindia.com in its sole discretion;
- Posting or transmitting any unsanctioned advertising, promotional
materials, or any other forms of unsanctioned solicitation, including,
without limitation, "junk mail," "Spam," "chain
letters," or any unsolicited mass distribution of email;
- Posting surveys, contests, or pyramid schemes;
- Posting improper questions or answers that are not related to the
particular topic;
- Stalking, harassing, or otherwise harming others;
- Distributing viruses, corrupted files, or any other similar software or
programs that may damage the operation of another’s computer;
- Collecting or storing personal data about other users of the Site;
Inducing, enticing, soliciting, recruiting, luring, or attempting to induce,
entice, solicit, recruit, or lure users or Experts to another web site
which, in caclubindia.com reasonable determination, is a competitor of
caclubindia.com
- Engaging in any other conduct that inhibits any other person from using or
enjoying the Q&A Service or the Site;
- Engaging in any other behavior on the Site, which in caclubindia.com sole
discretion is unacceptable.
caclubindia.com may (but is not obligated) to remove Content for any reason, with or
without notice to you, including without limitation Submissions (as defined
below) that do not conform with the rules Service and terminate your
access to the Site.
8. License to Submissions to the Site
Should you provide this Site with information, including without limitation,
postings , feedback, data, questions, comments or
suggestions ("Submissions") those Submissions will be deemed not to be
confidential. You grant caclubindia.com a royalty-free, perpetual, irrevocable,
world-wide license to use, copy, reproduce, create derivative works from, adapt,
modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly
display, publicly perform, and display the Submissions without any limitation
and in any media or any form now known or later developed. caclubindia.com may
sublicense these rights to third parties.
9. Copyright Infringement Notification & Other Reports
caclubindia.com relies on users of the Site to bring copyright violations to our
attention. . If you are aware of infringing materials on the Site, please notify
caclubindia.com agent:
caclubindia.com
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or
if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit
caclubindia.com
to locate the material;
- Information reasonably sufficient to permit
caclubindia.com
to contact you, such
as an address, telephone number, and if available, an electronic mail
address at which the you may be contacted;
- A statement that you have a good faith belief that use of the material in
the manner complained about is not authorized by the copyright owner, its
agent, or the law; and A statement that the information in the notification
is accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing,
caclubindia.com
does not
guarantee any action based upon the receipt of such information. ALL
INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
10. Your Representations & Warranties
You represent and warrant for the benefit of
caclubindia.com
and
caclubindia.com
licensors, suppliers, and any third parties mentioned on the Site that: (a) you
are at least 18 years of age or you have obtained verifiable parental consent to
use this site; (b) you possess the legal right and ability to enter into and
make the representations and warranties contained in this Agreement; (c) all
information that you submit to us is true and accurate; (d) you will keep your
registration information current; (e) you will be responsible for all use of
your Account even if such use was conducted without your authority or permission
(for example, and not by way of limitation, if an unauthorized third party
submits or answers a question under your Account); (f) you will not use the Site
for any purpose that is unlawful or prohibited by this Agreement (for example,
and not by way of limitation, abiding by the Service Rules); and (g) all
Submissions are owned by you and
caclubindia.com
use of the Submissions does not
infringe or violate the intellectual property or other rights of any third
parties.
11. Indemnity
You agree to defend, indemnify and hold harmless
caclubindia.com its
members ,officers,
directors, employees, agents, licensors, and suppliers, from and against all
claims, actions or demands, liabilities, and settlements, including, without
limitation, reasonable legal and accounting fees, arising in connection with
your use of the Site or resulting from, or alleged to result from, your use of
the Site or your violation of this Agreement.
12. DISCLAIMERS OF ALL WARRANTIES AND DUTIES
THIS SITE AND ALL CONTENT IS PROVIDED "AS IS," "AS
AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY
KIND.
caclubindia.com
AND
caclubindia.com LICENSORS GIVE NO EXPRESS WARRANTIES AND
DISCLAIM: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE;
caclubindia.com
OF THE SITE;
LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY,
TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY
DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION
WITH THE SITE AND CONTENT IS WITH YOU.
IN ADDITION, caclubindia.com DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR
QUIET ENJOYMENT.
13. Links to Third Party Sites
As a convenience, we may provide links to third party web sites from the Site.
caclubindia.com is not responsible for and does not endorse the informational content
or any products or services available on any third-party web site and does not
make any representations regarding its content or accuracy. We do not control
any third party web site, and we are not liable for any technological, legal or
other consequences that arise out of your visit or transactions there. Your use
of third party websites is at your own risk and subject to the terms and
conditions of use for such sites. This means that we are not your agent and will
not be a party to any contract you enter.
14. Limitation of Liability and Remedies
IN NO EVENT WILL caclubindia.com
LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR
ANY AND ALL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL INJURY,
FAILURE TO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK
OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY
OR INABILITY TO USE THIS SITE, OR THIS AGREEMENT, EVEN IN THE EVENT OF FAULT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF
WARRANTY OF
caclubindia.com AND EVEN IF
caclubindia.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY
REASON, YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING WILL BE LIMITED TO
DISCONTINUING YOUR USE OF THE SITE. THESE LIMITATIONS AND EXCLUSIONS REGARDING
DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS. IF, HOWEVER, A COURT OF COMPETENT
JURISDICTION DETERMINES THAT YOU ARE ENTITLED TO DIRECT DAMAGES PURSUANT TO
APPLICABLE LAW YOU AGREE THAT
caclubindia.com LIABILITY WILL NOT EXCEED THE AMOUNT OF Rs 200.00 (Rs two hundred, Indian). YOU ACKNOWLEDGE THAT THIS PROVISION IS FAIR.
15. Miscellaneous; Entire Agreement
If any part of this Agreement is determined to be illegal, void, invalid or
unenforceable, then the invalid or unenforceable provision (or portion) will be
deemed superseded by valid, enforceable language that most closely matches the
intent and allocation of risk in the original provision (or portion) and the
rest of the Agreement will continue in full force and effect. The Agreement
constitutes the entire agreement between you and
caclubindia.com
with respect to the
Site and your use of the Site, and supersedes all other (prior or
contemporaneous) communications or displays whether electronic, oral, or
written, between you and
caclubindia.com
regarding the Site and your activities.
16. Geographical & Export Restrictions
You agree that all Content posted or accessible via the Site is subject to
applicable export control laws and regulations of the Indian Government.
You agree not to export or re-export any Content directly or indirectly, to any
country not permitted by Indian government export restrictions.
17. INDIAN LAW TO BE APPLICABLE :JURISDICTION AT GUWAHATI, ASSAM,
ONE MONTH- STATUTE OF
LIMITATIONS
This Agreement is governed by the law of India, without
giving effect to the principles of conflicts of laws thereof. Your consent to
this Agreement includes your consent to jurisdiction and venue in the courts in
GUWAHATI, ASSAM in all disputes arising out of or relating to this Agreement.
caclubindia.com makes no claims that this Site is appropriate for viewing or accessing
outside India.. You consent to exclusive jurisdiction and venue in
the courts of Guwahati, Assam. You waive all defenses of lack of
jurisdiction, venue, or forum non-convenience. Use of the Site is not authorized
in any jurisdiction that does not give effect to all provisions of this
Agreement.
caclubindia.com
performance of this Agreement is subject to existing laws and legal process, and you agree that we may
comply with law enforcement or regulatory requests or requirements
notwithstanding any contrary term of this Agreement. Any cause of action or
claim you may bring in connection with the Site, including without limitation
any Content, must be commenced within one (1) month after the claim or cause of
action arises otherwise such claim or cause of action shall be deemed to
be barred. In any dispute between
caclubindia.com and you relating to this Site, the prevailing party will
not be entitled
to attorneys’ fees, costs and expenses.
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