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TERMS
OF USE
Welcome
to allindiaclub.com. The following Terms and Conditions are applicable to your
use of www.allindiaclub.com
1. Buying, Selling and Advertising through allindiaclub.com is available only to
individuals who can form legally binding contracts under applicable law.
2. allindiaclub.com reserves the right to modify the Terms &
Conditions at any time and without prior notice to its Users. We may add,
change, delete or end our service at anytime. The service may be temporarily
unavailable from time to time for maintenance or other reasons.
3. All advertisements/user data are accepted in good faith and
allindiaclub accept no responsibility whatsoever regarding the bonafides of the
advertisers/members, nor can any interviews be granted or correspondence entered
into regarding any advertisement/user data published.
4. Under no circumstances will allindiaclub.com be liable for any loss to
the advertiser/member for any error or omission by us. Cancellations and
alterations will be accepted only in writing.
5. The advertiser/member will indemnify allindiaclub.com for any action or
claim on us by a third party resulting from any advertisement/user data
instructed by the advertiser/member or its agency.
6. allindiaclub.com reserve the unqualified right to decline, change or reschedule any advertisement/user
data notwithstanding earlier acceptance by us or even if payment for the
advertisement/user data has been made. The above conditions and any other
conditions stipulated by allindiaclub.com will govern the acceptance and
publication of any advertisement/user data.
7. allindiaclub.com is not involved in any transaction between any parties
who uses our site. There are risks, which you assume when dealing with people
who might be acting under false pretenses are all borne by you. We are a venue
only and do not screen or censor or otherwise control the listings offered to
other Users, nor does allindiaclub.com screen or censor or otherwise control the
Users of its service. allindiaclub.com cannot and does not control the behaviour
of the participants on this site. We cannot control whether or not Users of
allindiaclub.com will complete the transactions they describe on our site. IT IS
EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE
ON THIS SITE! allindiaclub.com does not assume responsibility for the content or
context of the user comment areas and will not remove or edit postings to the
public comments areas once they are entered into the service, except to expire
records or in our sole discretion.
9. If there is a dispute between participants on this site,
allindiaclub.com is under no obligation to become involved. In the event that
you have a dispute with one or more Users, you hereby release allindiaclub.com's,
their officers, employees, business associates, agents and successors in rights
from claims, demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and/or our service.
10. allindiaclub.com service may be used only for lawful purposes.
Transmission, distribution or storage of material or conduct in violation of any
applicable local, state, Central or foreign law or regulation is prohibited.
This includes without limitation any unauthorized use of material protected by
patent, copyright, trademark or other intellectual property right, material that
is obscene, defamatory or libelous, constitutes an illegal threat, or violates
rights of privacy or publicity, or violates export control laws. You may use the
information on our site only to the extent necessary to facilitate
allindiaclub.com related transactions.
11. allindiaclub.com prohibits the transmission, distribution or posting
of unwanted or offensive content, prohibited transmissions include without
limitation, profane or sexually explicit advertisements that include masking or
misspelling the words, or images that would be illegal in any jurisdiction. It
is your responsibility and you agree to comply with all requirements, legal or
other. Additional prohibitions include misleading offers that do not list the
total purchase price or a "bait & switch" of products,
advertisements listed in the incorrect category, telephone numbers listed in the
classifieds, duplicate listings that contain more than 60% of the same
characters regardless of category, U.R.L. (Universal Resource Locator) or
hyperlinks listed in the classifieds, the sale or distribution of firearms,
weapons or controlled substances, make-money fast schemes, pyramid or chain
letters, fraudulent or criminal offers including but not limited to registering
another e-mail address other than your own, any posting with the goal of
harassment of another, sexual requests from or for a minor, racial slurs or
comments, harassment, placing a fraudulent ad, unsolicited advertising (whether
commercial or informational) and unsolicited email or advertisements including,
but not limited to adult or dating services placing advertisements
("SPAM"). Further, allindiaclub.com prohibits the transmission,
distribution or posting of any matter which discloses personal or private
information concerning any person or entity, including without limitation phone
number(s) or addresses, credit debit cards, calling card, User account numbers/
passwords or similar financial information, and home phone numbers or addresses.
Even though all of this is strictly prohibited, there is a small chance that you
might become exposed to such items and you further waive your right to any
damages (from any party) related to such exposure.
12. allindiaclub.com prohibits the listing or sale of the following goods
for any reason, including but not limited to any item that is illegal to sell
under any applicable law, statute, ordinance or regulation including the
following: any controlled substance, dangerous, counterfeit or stolen goods,
goods which do not actually exist, any good that infringes or violates anyone's
rights, any item which in allindiaclub.com's sole discretion is inflammatory,
offensive or otherwise inconsistent with allindiaclub.com's standards of
business ethics, any messages, user data, or images that might be considered by
a reasonable person to be obscene or which contain racial, ethnic, religious
slurs or derogatory epithets, or advocating violence, hate or other language
that is deeply or widely offensive.
13. allindiaclub.com strongly opposes SPAM, which floods the Internet with
unwanted and unsolicited email and deteriorates the performance and availability
of the allindiaclub.com service. All forms of SPAM, and all activities that have
the effect of facilitating SPAM, are strictly prohibited.
14. allindiaclub.com also prohibits the use of another Internet service to
send or post SPAM to drive visitors to your site hosted on or through
allindiaclub.com systems, 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.
15. If allindiaclub.com, in its sole discretion, determines that a
violation of the Terms & Conditions has occurred, allindiaclub.com may
pursue any of its legal remedies, including but not limited to the immediate
deletion of any offending material from its site, cancellation of your account
and/or the exclusion of any person(s) who may have violated any Terms &
Conditions. allindiaclub.com could also pursue violators with claims that they
have violated various criminal and/or civil laws as applied by the relevant
jurisdiction. allindiaclub.com will cooperate with any investigation by any
Central, State, or local body or any court or tribunal legitimately exercising
its rights. Such cooperation may be without notice to you. If allindiaclub.com
believes in its sole discretion that any ad may create liability for
allindiaclub.com, allindiaclub.com may take any actions that it believes are
prudent or necessary to minimize or eliminate its potential liability, including
but not limited to, the release of User information. In sum, allindiaclub.com
reserves the right to refuse service to anyone at any time, and to remove any
listings or any advertisements for any reason, and without notice.
16. User understands and agrees that User is responsible for all
applicable taxes and for all costs that are incurred in using the
allindiaclub.com service. We may also, in our sole discretion, add or delete
fees associated with the Service.
17. DISCLAIMER OF WARRANTIES. You agree that use of the service is at
user's sole risk. The service is provided on an "as is" and on an
"as available" basis. allindiaclub.com expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement.
18. allindiaclub.com makes no warranty that the service will meet user's
requirements, that the service will be uninterrupted, timely, secure, or error
free; nor does allindiaclub.com make any warranty as to the results that may be
obtained from the use of the service or as to the accuracy or reliability of any
information obtained from the service.
19. User understands and agrees that any information or material and/or
goods or services obtained through the service is done at user's own discretion
and risk and that user will be solely responsible for any damage resulting from
any transaction. allindiaclub.com does not vouch or subscribe to claims and
representations made by advertiser.
20. No advice or information, whether oral or written, obtained by user
from allindiaclub.com or through or from the service shall create any warranty
not expressly stated herein.
21. LIMITATION OF LIABILITY. User agrees that neither allindiaclub.com nor
any of its providers of information shall be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, resulting from the use
or the inability to use the service or for cost of procurement of substitute
goods and services or resulting from any goods, user data, information or
services purchased or obtained or messages received or transactions entered into
through or from the service or resulting from unauthorized access to or
alteration of user's transmissions or data or arising from any other matter
relating to the service, including but not limited to, damages for loss of
profits, use, user data or other intangible, even if allindiaclub.com has been
advised of the possibility of such damages. User further agrees that
allindiaclub.com shall not be liable for any damages arising from interruption,
suspension or termination of service, including but not limited to direct,
indirect, incidental, special consequential or exemplary damages, whether such
interruption, suspension or termination was justified or not, negligent or
intentional, inadvertent or advertent. User agrees that allindiaclub.com 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 allindiaclub.com 's
total liability to you for all damages, losses, and causes of action exceed the
amount paid by you to allindiaclub.com, if any, that is related to the cause of
action.
22. You give us a non-exclusive, worldwide, royalty-free, irrevocable,
sublicenseable (through multiple tiers) right 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 you, (the "User") to allindiaclub.com 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 allindiaclub.com. You shall take all reasonable efforts to ensure
that it is accurate and complete and not misleading in any way.
23. No Resale or Unauthorized Commercial Use. You agree not to resell or
assign your rights or obligations under these Terms & Conditions. You also
agree not to make any unauthorized commercial use of the Service.
24. Others' Information. You agree not to make use of anyone else's
Information other than as necessary to complete any allindiaclub.com
transactions in which you are involved.
25. No Agency. There is no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship between allindiaclub.com
and any User of the Service.
26. Notice. Any notice to you or to us shall be made by either email or
regular mail. We may also give notice of changes to these Terms & Conditions
or other matters related to allindiaclub.com by displaying notices to Users on
the Service.
27. This Agreement is the complete and exclusive agreement between the
parties with respect to the subject matter hereof, superseding any prior
agreements and or communications regarding such subject matter. This Agreement
may only be modified, or any rights under it waived, by a written document
executed by both parties.
28. These Terms & Conditions and the relationship
between User and allindiaclub.com shall be governed by the laws of the State of
Maharashtra, India without regard to its conflict of law provisions. User and
allindiaclub.com agree to submit to the personal and exclusive jurisdiction of
the courts located within the city of Mumbai, Maharashtra, India.
29. The failure of allindiaclub.com 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.
30. 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 these Terms & Conditions must be filed within 30 days after
such claim or cause of action arose or be forever barred.
31. All information of whatsoever nature received from
the user is in good faith and is bonafide. The information is believed to be
true/correct and complies with the laws of the land.
32. allindiaclub.com in its sole discretion shall reserve the right to edit,
modify and alter the content. User agrees that the online advertisements placed
with allindiaclub.COM shall be reflected after the processing by
allindiaclub.com. The user further agrees to the processing period for all the
advertisements that would be required by allindiaclub.com.
33.allindiaclub.com shall reserve the sole discretion
and irrevocable right to offer / not offer schemes / discounts / promotional
packages on its web site exclusive to any existing or future media, known or
unknown mode and vice versa.
34. allindiaclub.COM shall reserve the exclusive right to cancel any content
whatsoever from being published or reflected on its website or in any other
mode. No cancellation charges shall be payable to you.
35. If you observe material or behaviour that may
violate one of the allindiaclub.com Terms & Conditions, please contact
allindiaclub.com at team@allindiaclub.com
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