you and 7 Rise Inc (the “Firm”) regarding your use of the website
www.valueenhancers.in (the “Site”) and any services offered by the
Firm including but not limited to delivery of content via the Site, any mobile
or internet connected device or otherwise (the “Service”).
Your use of the Site and services and tools are governed by the following Terms as applicable to the Firm including the applicable policies which are incorporated herein by way of reference. By mere use of the Site, You shall be contracting with 7 Rise Inc, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with 7 Rise Inc.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Service Reviews and other Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and shall be considered as part and parcel of this Terms.
I. Defined Terms:
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
- “Agreement” shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall be deemed to have been executed at Lucknow,Uttar Pradesh.
- “Firm” is defined as 7 Rise Inc (“the Firm”) an existing Proprietorship Firm registered with GST authorities and having its corporate office at Lucknow,UttarPradesh, Indiaalong with its unit for the Firm’s website valueenhancers.in.
- “Date of Commencement” is the date indicating the acceptance of the application by the User to the service. It shall be specified by the Firm in its notice to you either through e-mail or conventional mail.
- “Date of Termination” is the date of expiry mentioned in the notice or/and the letter of termination.
- “valueenhancers.in” is defined as the internet website of the Firm 7 Rise Inc.
- “My Subscriptions” contains time to time information and description of the Services for the User provided by the Firm in writing or contained in the website valueenhancers.in.
- “Registration Data” is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User’s name, telephone number, mailing address, account and email address.
- “User” is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees. “User” or “You” also includes any person who access or avail this Site of the Firm for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site of the Firm.
- Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate andunincorporated.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Site.
provides a number of internet-based services through its platform and shall
1. Posting User profile or listing/ Registration of various events for the purpose of promotion/ sale of ticket booking, branding, any marketing or advertising alongwith all types ofproviding on ground support to event organizers or planners and any other related services etc.
2. Find aninfo/advertisement/marketing or other service through valueenhancers.in and its internet links.
3. Post advertisements on valueenhancers.in.
4. Send advertisements and promotional messages through emails and messages.
The Services can be purchased through various methods of payments offered. The purchase of Services shall be additionally governed by specific policies of sale, like subscription fees, payment and Refund policy, cancellation policy etc.
You hereby represent and warrant to the Firm that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.
V. Subscription Fees and Commission Charges
- The applicable rate of the Subscription Fees for the Service provided shall be such as mentioned in the “My Subscriptions” page or as may be prescribed by the Firm from time to time.
- Liability for the Subscription Fees shall accrue from the Date of Commencement.
VI. Payment & Refund clause
- Once any service bought, the full order amount would be deemed to be consumed towards the activation/administration fees and same shall not be refunded in any case to the customer. Refund of amount shall sole discretion of Firm only. In that Customer agrees that the refund process would take at least 14 business days after the complete documentation has been received by the Finance team for processing such refund.
- Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Firm to the User.
- In case of refund of amount spent on ticket booking, it shall be subjected to the refund, processed by the event management and same shall be refunded with 14 working days by the firm once it has been received by the firm.
- In case of failure of transaction when trying to make any payment for any purpose, the firm has no responsibility to refund as firm has no control over the payment process/ payment gateway of the merchant bank/ service provider and shall be refunded as per bank policy. In case the amount payment has been received by the firm, refund policy shall be applicable.
- The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Firm on the dispute. In the event of Firm’s deciding the dispute in the User’s favour, the Firm shall refund to the User any excess amount paid by the User free of interest.
- Any delay in the payment by the User of any sums due under this Agreement, the Firm shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
- Any refund of GST or other tax amount received by the firm shall be subjected to the submission/ filing to the tax authorities as the case may be.
VII. Charge Back Policy
- Payment for the services offered shall be on 100% advance basis.
- Payment for service once subscribed to by the subscriber, is not refundable and any amount paid shall stand appropriated.
- Refund if any will be at the sole discretion of the Firm only.
- User acknowledges and agrees that the Firm at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by user to the Firm under any other agreement or commercial relationship towards other products/services.
- The Firm offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
- Firm shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode.
- For Premium/paid listing packages, there shall be no cancellation or refund of orders booked/payments made via online payment options (except in the case of Cheque & Demand Draft). Cancellations requests for orders placed via cheque/demand draft can be made only before such payment is realized by the Firm.
- Transactions on the Site are secure and protected. Any information entered by the User when transacting on the Site is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Firm / Site in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- To protect the secrecy of user identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
- Since a user identification is necessary to access the Service; the User shall use only his own user identification.
- It is agreed by the User that he acquires no rights to any mailbox number or/and the User identification or/and circuit reference or/and any codes assigned to him by the Firm. The User further agrees that except as otherwise proved herein, the Firm reserves the right to change or/and re-assign the same to the User, at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any otherconsequence/s.
- In the event of theft or/and loss of User identification or/and password or/and security word, the User shall notify the Firm immediately via telephone or/and concurrently in person provide the Firm with a written notice to the same effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Firm.
- The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Firm to him.
- The User shall not use any software to automatically download or/and extract either a complete or/and partial listing from valueenhancers.in database without prior consent from valueenhancers.in/ Firm in writing.
X. Obligations and Representations of User/Subscriber
- To provide accurate, complete and correct registration data on initial application for the Services.
- The User agrees that any data entered on the Site will be subject to mandatory verification process by the Firm.
- Any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the Firm from time to time to enable the use of the Service.
- The User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Site service(s).
- The User shall be solely responsible for all information retrieved, stored and transmitted by him.
- The User shall keep confidential and not disclose to any person the User’s password and user identification and all activities and transmission performed by the User through his user identification.
- The User shall be responsible for all the activities that occur his/its display name and password.
- The User agrees to immediately notify the Firm of any unauthorized use / breach of his/its password or account and ensure to exit from the account at the end of each session.
- The User shall immediately notify the Firm of any un-authorized use of the User’s account or any other breach of security known to the User.
- The User shall promptly make the payment to the Firm towards the Subscription Fees as and when it becomes payable.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Services.
- User hereby declares that he/it is fully aware that the online advertisements placed with valueenhancers.in shall be reflected after 7 Business days hours and agrees to the stipulated 7 Business days processing.
- The User agrees that any data entered into herein can and shall be saved, used and commercially exploited by valueenhancers.in/ 7 Rise Inc as deemed fit by them.
- The User shall give out to the Firm a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right (through multiple tiers) to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by the User on valueenhancers.in with the exception of trading data, credit card numbers, checking account numbers, etc. “Individually Identifiable User Data” shall mean that subset of “User Data” which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of valueenhancers.in. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any.
- The User will indemnify valueenhancers.in/ 7 Rise Inc for any action or claim committed/made by any third party resulting from any information posted on the Site by the User or/and anybody else on his behalf and account.
- The User is solely responsible for any data entered on the Site. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal). The Firm however shall endeavour to use the best industry practice, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data within reasonable time after verifying the complaint.
- User of the website agrees to indemnify and keep valueenhancers.in/ 7 Rise Inc indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him/it and not to any other third party.
XI. Prohibited Actions
- User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.
- The User undertakes not to resell or assign his/its rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
- The User shall use the Service only for the purpose for which it is subscribed.
- The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
- The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Site except such data and information which is posted by the particular User himself/itself.
- The User shall not use the Service for any unlawful and fraudulent purpose including without limitation criminal purposes.
- The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, obscene, defamatory or menacing nature.
- The User is prohibited from postings any information or content on Site, which directly or indirectly cause any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience of whatsoever nature.
- The User shall not infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.
- The User agrees not to make use of anyone else’s information other than as necessary to complete any transactions in which User is involved.
- The User shall not violate, or attempt to violate the security of the Site and/or any web sites linked to valueenhancers.in or gain un-authorized access any information regarded as private by other User(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
- The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or Site network system.
- The Users shall avail Services on or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.
- Firm strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the valueenhancers.in site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
- Firm also prohibits the use of another internet service to send or post SPAMS to drive visitors to your site hosted on or through valueenhancers.in site, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not otherwise made available through the Platform. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any services, including, but not limited to, services related to that being displayed on the Site or related to us.
- The Content posted does not necessarily reflect Firm views. In no event shall Firm assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
- You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that-
a. Belongs to another person and to which you do not have any right to;
b. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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, 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
Use of Information/Data Supplied
The User hereby agrees and irrevocably authorizes that the Firm has the right to:
- All copyright and/or know-how and/or any other related intellectual property rights to the Services of valueenhancers.in including listings, details of Users, and any information otherwise made available to User in the Service, shall become and remain the sole and exclusive property of the Firm and the User shall have no claims to the same. In the event the User has contributed any content to valueenhancers.in in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Firm, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever. In the event that the User during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Firm and the Firm shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.
- Use for the Firm’s own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.
- Retain all data or/and information supplied by the User while using the Service to remain at valueenhancers.in for the exclusive use of the Firm in accordance with service agreement with the User, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Firm’s property, records and databases as the exclusive property of the Firm, for all times to come.
- By entering mobile number on valueenhancers.in while registering for an account or receiving alerts, User gives consent to Firm and its partners/vendors and sub-partners/sub-vendors to send alerts, contact details, promotional SMS and promotional calls to the mobile number entered by the user, irrespective of whether the same is on the DNC list or any other such data base. In case user does not want to receive these messages on his/her mobile number, he/she shall not submit his/her mobile number with valueenhancers.in.
XIII. Intellectual Property Rights
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Site’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Site and other distinctive brand features of the Site are the property of the Firm. Furthermore, with respect to the Site created by the Firm, the Firm shall be the exclusive owner of all the designs, graphics and the like, related to the Site.
- For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the event/ service or to a party (the “Disclosing Party” herein the Firm ) or any other members of the Disclosing Party’s group of companies ( including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise come into the possession of the other (the ” Receiving Party “, herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
- The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Receiving Party’s Associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure e is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
- Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User without the prior written permission of the Firm, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
- On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
- All information and data submitted by the User shall become the property of the Firm.
- The User has access to only his/its own data and information stored in the database of valueenhancers.in (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
- All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Firm and the firm accepts no responsibility or liability whatsoever for such actions.
- The right to amend, vary or change the terms and conditions contained herein and in the Services guide at any time exclusively rests with the Firm.
XVI. Discontinuation or Modification to Services
- The Firm reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at any time with or without notice to the User. Except for paid service, a pro-rated refund shall be effected for the remaining unused period.
- There shall be no liability on behalf of the Firm to the User or any third party in case the Firm exercises its unilateral right to modify or discontinue the Service.
The Firm may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work and/or the User’s access to valueenhancers.in. Without prejudice to any other provisions of this Agreement, the Firm shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Firm shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
XVIII. Third party links and resources in Our Website
The content of other websites, services, goods or advertisements that may be linked to Our Site is not maintained or controlled by Us. We therefore are not responsible for the availability, content or accuracy or privacy practices of other websites, services or goods that may be linked to, or advertised on, Our website.
Where this Site contains hyperlinks to websites operated by third parties these linked websites are not under the control of the Firm and the Firm is not responsible for the contents of any linked website. The Firm provides this hyperlink to you for convenience only and the inclusion of any link does not imply any endorsement of the linked website by valueenhancers.in/ 7 Rise Inc. You link to any such website entirely at your own risk.
The Firm does not:
(a) Make any warranty, express or implied, with respect to the use of the links provided on, or to, Our Site;
(b) Guarantee the accuracy, completeness, usefulness or adequacy of any other website, services, goods or advertisements that may be linked to Our Site; or
(c) Make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to Our Site.
The Firm accepts no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any linked website.
Our Site may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. All third party advertising is paid for by the relevant third party advertiser, which you can accept by linking to the third party advertisers and are not recommendations or endorsements by valueenhancers.in/ 7 Rise Inc. The third party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services you agree to purchase from the third party website.
- Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
- It shall be on the discretion of the Firm that the period of notice of 30 days may be waived or a shorter period of notice may be accepted in writing from the User.
- However, the
Firm irrespective of clause 1 and 2 above, may terminate this Agreement
with immediate effect, without prior notice to the User and without
assigning any reason/s whatsoever (a) if in the opinion of the Firm, the
User has breached any of the terms and conditions of this agreement
(b) if, in the opinion of the Firm or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason or/and,
(c) if the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights.
XX. Liabilities upon Termination
- If the Agreement is terminated pursuant to provisions set out in Clause XIX above, without prejudice to any other remedies available to the Firm, the User shall be liable for Subscription Fees payable until the Date of Termination.
- The amounts due and payable to the Firm by the User upon termination shall be payable within 30 days of the relevant Date of Termination.
XXI. Suspension of Service
- If any monies payable by the User to the Firm are not paid on the due date, the Firm may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User.
- When the Services, subscribed for, is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Firm and the User shall be liable for all the charges and fees incurred up to the date.
- Upon subsequent payment by the User of such monies as demanded by the Firm, the Firm may at its discretion and subject to such terms as it deems proper, reconnect the Service.
XXII. Violation of Terms & Conditions
In the event of violation of Terms, the Firm in its sole discretion may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, or/and cancellation of your account, and/or the exclusion of any person(s) who may have violated any Terms & Conditions hereto. Firm can also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc. valueenhancers.in will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If Firm believes in its sole discretion that any advertisement or/and services may create liability for Firm, Firm may take any actions that it believes to be prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, Firm reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
XXIII. Personal Information
XXIV. ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or Site, is inaccurate at any time without prior notice (including after you have submitted your order).
- We however undertake no obligation to update, amend or clarify information in the Service or Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on Site should be taken to indicate that all information in the Service or on Site has been modified or updated.
Any Data or material provided by the site/ firm shall be subjected to our disclaimer policy. Please Read Disclaimer policy provided by us for better understanding.
XXVI. Limitation of Liability
User agrees that neither Firm nor its Proprietor, Group Firms, its Proprietor, its group companies, directors, officers or employee shall be liable for any director/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Firm has been advised of the possibility of such damages. User further agrees that Firm shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/or incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Firm shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Firm’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Firm, if any, that is related to the cause of action.
The Firm takes no responsibility/liability whatsoever for shortage or non-fulfilment of the service/s on Firm or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc. against the Firm for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.
Firm shall not be liable for any and all costs, charges, expenses, etc. incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
Firm shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the valueenhancers.in mobile application on your mobile phone.
User hereby releases and indemnify, or at its option and settle any third party lawsuit or proceeding brought against the Firm based upon or otherwise any claim arising from the fact that the User Content, Site and/or User features infringe any copyright, trade secret or trademark of such third party and second, the Firm’s use of any User Content, provided that such use complies with the requirements of the Agreement and third, the User’s use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of User’s representations and warranties made in this Agreement. Any such claim/proceeding if made directly on the User shall promptly be communicated to the Firm by the User with all reasonable e information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Firm full control and sole authority over the defence and settlement of such claim. The User may join in defence with counsel of its choice at its own expense subject to the approval of the firm. The User unilaterally agree to indemnify and hold harmless, without objection, the Firm, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of valueenhancers.in or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the e indemnifying party (“User”) of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnitor (Firm).
All notices shall be in English and in writing and (a) if sent to the User to the address identified on the Application Form and (b) if sent to the Firm to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of The Firm’s Finance department, all legal notices shall be sent to the attention of the Firm’s Legal Department, and all other correspondence shall be sent to the attention of the account manager specified by the Firm. Notice shall be deemed given upon receipt when delivered personally and upon received acknowledgment / written verification of receipt from overnight courier and finally upon verification of receipt of registered or certified mail. All notices from the Firm including notice of change to these Terms & Conditions or other matters related to valueenhancers.in will be done by displaying notices to Users on the service.
Grievance Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to email@example.com addressing “Grievance Officer”.
We request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
XXIX. Non-exclusive Remedy
Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all fees that are due and owing under this Agreement through the effective date of termination. Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.
The failure of Firm to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
XXXI. Entire Agreement
This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Firm only. The right to change vary or amend, however exclusively rests with the Firm.
XXXII. Governing Law and Jurisdiction
- It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between Firm and any User of the Service.
- The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
- All information of whatsoever nature received from the user is in good faith and is bona fide. The information is believed to be true/ correct and complies with the laws of the land.
- This Agreement and any dispute or matter arising from incidental use of valueenhancers.in is governed by the laws of India and the User and valueenhancers.in hereby submit to the exclusive jurisdiction of the courts at Lucknow, U.P., India without regard to its conflict of law provisions.
XXXIII. Acknowledgment and Acceptance of Terms and Conditions
- Firm through its various advertising campaigns collects information about the users. This information is voluntarily provided by the user and is collected in the database of valueenhancers.in. The information so collected in the database through these campaigns refers to the user details, email address and names of the user. valueenhancers.in uses third-party advertising companies to display/serve their ads on various other internet sites for reaching out to its prospective users. The data collected is for the exclusive use of valueenhancers.in and Firm reserves its right to allow access to its clients for any purposes, and any unauthorized use or sharing of information by any third party shall invite appropriate legal action by Firm against the erring party, including indemnification for third party claims for damages.