This is an agreement between you (“you” or “your”) and Nimap Solutions Pvt Ltd, a company incorporated under the Companies Act 1956 with its registered office at F-19, Prem Estate, Sant Savta Marg No.1, Opposite Union Bank of India, Mustafa Bazar, Mazgaon, Mumbai – 400 010 (“Nimap Solution Pvt Ltd” “we,” or “our”) that governs your use of the search services offered by Nimap Solutions Pvt Ltd through its WAP or any other medium using which Nimap Solutions Pvt Ltd may provide the search services (collectively “Media” ). When you access or use any of the Media you agree to be bound by these Terms and Conditions (“Terms”). Please note that we may periodically change the Terms (including access fee, timings, equipment, access restrictions) without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting on the Media, and any use/access of the Media after such revisions have been posted signifies your consent to the changes.
MATERIALS ON THE MEDIA:
The information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively “Materials”) for the search services on the Media are for your personal and non-commercial use only. We are under no obligation to monitor the Materials. However, anyone using the Media agrees that Nimap Solutions Pvt Ltd may monitor the Media contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Media properly or to protect itself and its users. Nimap Solutions Pvt Ltd reserves the right to modify, reject or eliminate any material residing on or transmitted to its Media that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. Nimap Solutions Pvt Ltd reserves the right to delete (or to refuse to post to public forums) any Material it deems detrimental to the system or is, or in the opinion of Nimap Solutions Pvt Ltd, may be, defamatory, infringing or violate of applicable law. Nimap Solutions Pvt Ltd reserves the right to exclude Material from the Media. Materials submitted to Nimap Solutions Pvt Ltd for publication on the Media may be edited for length, clarity and/or consistency with Nimap Solutions Pvt Ltd’s editorial standards. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Nimap Solutions Pvt Ltd or using the Media or any of them to compile a collection of listings, including a competing listing product or service or for any unsolicited commercial e-mail. You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Nimap Solutions Pvt Ltd, its subsidiaries, its affiliate companies and/or any third party owner of such rights. You agree to indemnify us and hold us harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys’ fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.
INTELLECTUAL PROPERTY RIGHTS:
The Nimap Solution Pvt Ltd company names and logos and all related products and service names, design marks and slogans are trademarks and service marks (“IP”) owned by and used under license by Nimap Solution Pvt Ltd or its subsidiaries or affiliate companies. All other IP herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use Nimap Solutions Pvt Ltd’s IP in any advertising, publicity or in any other commercial manner.
EXTERNAL LINKS, INFORMATION AND PRODUCTS OF THE ADVERTISERS:
Links to external Internet sites may be provided within the content on Media as a convenience to users. The listing of an external site does not imply endorsement of the site by Nimap Solutions Pvt Ltd or its affiliate companies and/or its subsidiaries. Nimap Solutions Pvt Ltd does not make any representations regarding the availability and performance of its Media or any of the external websites to which we provide links. Nimap Solutions Pvt Ltd and its affiliate companies and/or subsidiaries are not responsible for the content, functionality, accuracy, relevancy, copyright compliance, legality, authenticity, technological safety or decency of material contained in these external sites. We reserve the right to disable links to or from third-party sites to any of our Media, although we are under no obligation to do so. All those sections in the Media that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Nimap Solutions Pvt Ltd will at no point of time endorse or be responsible for the accuracy or correctness of such information. Nimap Solutions Pvt Ltd reserves the absolute right to accept/or reject information from readers and/or advertisements and impose/relax Media access rules and regulations for any user(s). Nimap Solutions Pvt Ltd does not examine whether the advertisers registered with Nimap Solutions Pvt Ltd in whatsoever manner (the “Advertisers”) are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service.
Nimap Solutions Pvt Ltd has also not negotiated or discussed any terms of engagement with any of the Advertisers. The same should be done by you. Purchasing of goods or availing of services from Advertisers shall be at your own risk. Further, we do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Media. All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Media. Your correspondence or business dealing with or participation in the sales promotions of Advertisers or service providers found on or through the Media, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such Advertisers or service providers. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Media.
REVIEWS, RATINGS & COMMENTS BY USERS:
Since, Nimap Solutions Pvt Ltd provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your (“Users”) use any of the aforementioned medium to post Reviews, Ratings and Comments about the Nimap Solutions Pvt Ltd services and also about the Advertiser’s listed at Nimap Solutions Pvt Ltd is subject to additional terms and conditions as mentioned herein. You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by Nimap Solutions Pvt Ltd and any materials you add to the Site or add to any mediums offered by Nimap Solutions Pvt Ltd, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the “Communications”).
Nimap Solutions Pvt Ltd does not endorse or accept any of your Communication as representative of their (Nimap Solutions Pvt Ltd) views. By transmitting any public Communication to the Site, you grant Nimap Solutions Pvt Ltd an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You confirm and warrant that you have the right to grant these rights to Nimap Solutions Pvt Ltd . You hereby waive and grant to Nimap Solutions Pvt Ltd all rights including intellectual property rights and also “moral rights” in your Communications, posted at Nimap Solutions Pvt Ltd through any of mediums of Nimap Solutions Pvt Ltd. Nimap Solutions Pvt Ltd is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend’s tagged by you. Also Nimap Solutions Pvt Ltd reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you. Nimap Solutions Pvt Ltd has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Nimap Solutions Pvt Ltd cannot review all Communications made on and through any of the mediums of Nimap Solutions Pvt Ltd. However, Nimap Solutions Pvt Ltd reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Nimap Solutions Pvt Ltd in its sole discretion deems inappropriate, offensive or contrary to any Nimap Solutions Pvt Ltd policy, or that violate this terms: Nimap Solutions Pvt Ltd reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive; constitutes or contains false or misleading indications of origin or statements of fact; slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party; causes injury of any kind to any person or entity; infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party; violates any applicable laws, rules, or regulations; contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; impersonates another person or entity, or that collects or uses any information about Site visitors. It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then Nimap Solutions Pvt Ltd reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Nimap Solutions Pvt Ltd against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments Nimap Solutions Pvt Ltd takes no responsibility and assumes no liability for any content posted by you or any third party on Nimap Solutions Pvt Ltd site or on any mediums of Nimap Solutions Pvt Ltd. You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of Nimap Solutions Pvt Ltd. WARRANTY: THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nimap Solutions Pvt Ltd DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. Nimap Solutions Pvt Ltd DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Nimap Solutions Pvt Ltd DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. IN NO EVENT SHALL Nimap Solutions Pvt Ltd BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF Nimap Solutions Pvt Ltd ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. Nimap Solutions Pvt Ltd DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Users using any of Nimap Solutions Pvt Ltd service across the following mediums ie. through internet ie www.Nimap Solutions Pvt Ltd.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with Nimap Solutions Pvt Ltd. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Nimap Solutions Pvt Ltd does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Nimap Solutions Pvt Ltd. Further, Nimap Solutions Pvt Ltd is not at all responsible for any act of Advertiser/s listed at Nimap Solutions Pvt Ltd.
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws’ provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. Nimap Solutions Pvt Ltd reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Nimap Solutions Pvt Ltd reserves the right to seek all remedies available at law and in equity for violations of these Terms.
All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: Nimap Solutions Pvt Ltd, Building M, 501-B, Palm Court Complex, Besides Goregaon Sports Club, New Link Road, Malad(w), Mumbai 400 064. FORCE MAJEURE:
In no event shall we have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. DISPUTE RESOLUTION: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Mumbai, India. ENTIRE AGREEMENT: These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
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