All information posted publicly on the Site by the User is provided on
a volunteer basis by users of this Web site and members of CAclubindia. Users of
this Web site and members of CAclubindia have varying levels of knowledge;
CAclubindia 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 or any other site/app operated by the Company
(collectively the "Site") is governed by these Terms of Service (“Terms"),
provided or obtained in connection with the Site (collectively, the
"Agreement"). The Site is operated by Interactive Media Pvt. Ltd(“the
Company") incorporated under the Companies Act 1956. Use of the Site includes
accessing, browsing, or registering to use the Site. Please read these Terms
carefully before you start to use the Site.
By using the Site and/or providing Content to the site,
you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use the
Site. If you do not agree with any amendments made to these Terms at any time in
future, you must stop using the Site with immediate effect.
As used in this Agreement "caclubindia.com", "We," "Us," or "Our"
refers to CAclub, its members and designers/developers. "You" or "Your" or
"User" 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, Submissions 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
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. You agree that in case there are any changes in your
information provided by you to us, including your e-mail address and other
contact details, you will be solely responsible to update them regularly. 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. You agree that all notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
Changes to this Agreement
The Site is like a store: every time a customer enters a store the customer is
bound by the Terms 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
4. Protect Your Password: Account and Password
When you register with us, an account will be created
for your use (“Account") on the Site and you will be provided with required
Account Information to enable your access to the Account. The term “Account
Information" refers to a user identification code, password or any other piece
of information which may be provided to you as part of our security procedures.
If you access the Site after logging into any third party app like Facebook,
Twitter or Gmail, the login information of such third party account, as the case
may be, shall be considered as the Account Information. You must always treat
Account Information as confidential and must not disclose it to any third party.
Any access to the Site through your Account shall be considered an access by you
or on your behalf and you shall be solely responsible for any activity carried
out in, by or through your Account either on the Site or any other Site accessed
by you through the Site.
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. If you know or suspect that anyone other than you knows or has
unauthorized access to your Account Information or any part of it, you must
promptly notify us by sending us an e-mail at [INSERT EMAIL OR CONTACT DETAILS].
If we change the eligibility criteria to be registered
with the Site and you no longer comply with the new eligibility criteria, as
determined by us in our sole discretion, you accept that we may close your
Account without any liability for us. You are solely responsible for ensuring
that these Terms are in compliance with all laws, rules and regulations
applicable to you and the right to access the services is revoked where these
Terms or use of the services is prohibited under the applicable law and, in such
circumstances, you agree not to use or access the Site or services in any way.
We have the right to disable your use of the Account
Information or any part of it, whether chosen by you or allocated by us, at any
time, if in our reasonable opinion you have failed to comply with any of the
provisions of these Terms.
In the event that you choose to create an Account with caclubindia.com,
you may be required to provide some personal information, including your name,
username, password, email address, phone number and other information like[.]
sets out the terms on which we process any personal information we collect from
you, or that you provide us. By continuing to use the Site and services, you
of this information to third party affiliates for purposes mentioned in the
6. Intellectual Property Rights
We are the owner of the Site. However, the ownership of the Content is
with the creator of that specific Content. The Company does not have any
ownership rights on the Content available on the Site.
We are the licensee of all copyrights, trademarks, service marks or any
other intellectual property in the Content published on the Site. All such
rights are reserved.
You must not modify the paper or digital copies of any materials you
have printed off or downloaded in any way, and you must not use any
illustrations, photographs, video or audio sequences or any graphics separately
from any accompanying text.
You must not use any part of the Content on the Site for commercial
purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Site in breach of
these Terms, your right to use the Site will cease immediately and you must, at
our option, return or destroy any copies of the materials you have made.
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. Except as provided in this Agreement, permission to reprint or
electronically reproduce any Content in whole or in part for any 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 Indian 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. Terms 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
Terms constitutes a material breach of this Agreement:
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 Terms and terminate your access
to the Site.
8. License to Submissions to the Site
Should you provide this Site with information to be available to other users of
the Site, including without limitation, postings, feedback, data, questions,
comments or suggestions ("Submissions") those Submissions will be deemed non
confidential and to be your property and you undertake that you have the
requisite permissions to share such Submissions. In consideration of the
services provided to you by us,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. Such additional uses by us or others may be made with no
further consideration paid to you.
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: firstname.lastname@example.org
To be effective, the Notification must include the following:
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.
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;and if you are below 18, then 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 accurate at alltimes;
(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 Terms); 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.
You agree to defend, indemnify and hold harmless caclubindia.com and 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 or your violation
of the applicable law or the rights (including infringement of intellectual
property rights) of a third party. You will cooperate as fully required by the
Company in the defense of any claim. The Company reserves the right to assume
the exclusive defense and control of any matter subject to indemnification by
you, and you will not in any event settle any claim without the prior written
consent of the Company.
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.WE
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
IN ADDITION, CAclubindia.com DISCLAIMS ANY WARRANTIES OF
NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
We are not responsible for the Content uploaded by you on
the Site. We are not responsible for any direct or indirect damages or losses
caused to you, including without limitation, lost profits, business interruption
or other loss resulting from use of or reliance in any way on anything available
on the Site. It is solely your responsibility to evaluate the accuracy,
reliability, completeness and usefulness of Content available on the Site that
is used by you.
We make no warranty that the services or Site will meet
your requirements or that the services or your access to the Site will be
uninterrupted, timely, accurate or reliable; nor do we make any warranty as to
any information that may be obtained through the services or Site. In case there
is any defect in any software being used for the provision of the services, we
do not make any warranty that defects in such software will be corrected. You
understand and agree that any material and/or data downloaded or otherwise
obtained through use of the services or Site is done at your own discretion and
risk and you will be solely responsible for any damage to your computer system
or loss of data that results from the download of such material or data. The
Company disclaims all liability to either the user or
any person claiming for any breach of the terms of the Agreement including
claims based on the ratings, reviews mentioned on the Site.
The Company/Site makes no representations as to the
reliability, accuracy of the Content or qualifications of any of the users or the
quality, security or legality of any services and the Company disclaims any and
all liability relating thereto. The Company/Site does not implicitly or
explicitly support or endorse the procurement of any service on the Site.
No advice or information, whether oral or written, obtained by you from
the services or Site or through the service(s) or Site shall create any warranty
not expressly made herein.
To the maximum extent permitted by applicable law, you hereby release
and waive all claims against the Company, and its subsidiaries, affiliates,
officers, agents, licensors, co-branders or other partners, and employees from
any and all liability for claims, damages (actual and/or consequential), costs
and expenses (including litigation costs and attorneys' fees) of every kind and
nature, arising from or in any way related to your use of our Site, its services
or Content. You understand that any fact relating to any matter covered by this
release may be found to be other than now believed to be true and you accept and
assume the risk of such possible differences in fact. In addition, you expressly
waive and relinquish any and all rights and benefits which you may have under
any other state or federal statute or common law principle of similar effect, to
the fullest extent permitted by law.
If we fail to insist that you perform any of your obligations under
these Terms, or if we do not enforce our rights against you, or if we delay in
doing so, that will not mean that we have waived our rights against you and will
not mean that you do not have to comply with those obligations. If we do waive a
default by you, we will only do so in writing, and that will not mean that we
will automatically waive any later default by you.
You will be responsible for introduction of any viruses,
trojans, worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorised access to the
Site, the server on which the Site is stored or any server, computer or database
connected to the Site. You must not attack the Site via a denial-of-service
attack or a distributed denial-of service attack. By breaching this provision,
you would commit a criminal offence under the Information Technology Act, 2000.
We will report any such breach to the relevant law enforcement authorities and
we will co-operate with those authorities by disclosing your identity to them.
In the event of such a breach, your right to use the Site will cease
You should use your own virus protection software.
We cannot and do not guarantee or warrant that files
available for downloading from the Site will be free of infection by viruses,
worms, Trojan horses or other code that manifest contaminating or destructive
15. 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 their 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.
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,
FAILURETO 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 (Indian Rupees Two Hundred). YOU ACKNOWLEDGE THAT
THIS PROVISION IS FAIR.
17. 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.
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.
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, subject to the applicable law, 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.
20. TERM &
We reserve the right to refuse to continue providing you with access to this Site if we discover that you are incompetent to contract by virtue of your age or otherwise under Applicable Law. This Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. The Terms shall continue to form a valid and binding contract between the user and the Company, and shall continue to be in full force and effect until users continue to access and use the Site. Provided, however, certain sections of these Terms such as Disclaimer of all Warranties and Duties, Limitation of Liability and Remedies, Intellectual Property Rights, Indemnification, Release and Waiver, Applicable Law & Jurisdiction shall continue to remain in full force and effect indefinitely.
21. Refund Policy