www.eatind.com platform is
owned and operated by VEETHEE VIHARAN Pvt. Ltd.(VEETHEE VIHARAN)
situated at Farm Chandrakanta, Chandrika Devi Road, Kathwara, Bakshi Ka Talab, Lucknow. VEETHEE
VIHARAN provides an online platform and services that connect customers or users
(the “CUSTOMERS”) with the “HOST” (collectively, the “Services”),
which Services are accessible at www.EATIND.com and any other
websites through which VEETHEE VIHARAN makes the Services available (collectively, the
“Site”). By using the Site and Application, you agree to comply with and be
legally bound by the terms and conditions of these Terms of Service (“Terms”),
whether or not you become a registered user of the Services. These Terms govern
your access to and use of the Site, Application and Services and all Collective
Content and constitute a binding legal agreement between you and VEETHEE
VIHARAN.
In these Terms, “you” and “your” refer to the
individual or entity that uses the Site, Application or Services. “We”, “us”,
or “our” refer to VEETHEE VIHARAN. In addition, in these
Terms, unless the context requires otherwise, words in one gender include all
genders and words in the singular include the plural and vice-versa.
If you do not agree to these Terms, you have no right to obtain information
from or otherwise continue using the Site or Application. Failure to use the
Site and Application in accordance with these Terms may subject you to civil
and criminal penalties.
THE SITE, APPLICATION AND
SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS OF
THEIR SERVICES INCLUDING BUT NOT LIMITED TO FOOD AND DINING SERVICES OFFERED BY
HOST, VISITING THE PREMISES OF HOST, USING THE VEHICLES SUCH AS ATV RIDES,
TRACTORS, BICYCLES, TERRAIN ETC. PROVIDED BY HOST FOR THE PURPOSES OF
ENTERTAINMENT TO BE OFFERRED TO THE CUSTOMERS DIRECTLY. YOU UNDERSTAND AND
AGREE THAT VEETHEE VIHARAN IS NEITHER HOST’S NOR CUTOMER’S AGENT. THUS THIS
IS NOT A TRIPARTITIE AGREEMENT. VEETHEE
VIHARAN HAS NO CONTROL OVER THE
CONDUCT OF CUSTOMERS OR HOSTS OR OTHER USERS OF THE SITE, APPLICATION AND
SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL
LIABILITY IN THIS REGARD.
2. Definitions
·
“HOST” means and
includes the lawful owner or
person who has possession of the property/ farm land/ restaurant/ equipment/
machinery/ vehicle and also includes its agent or manager or the person to whom
such responsibility is assigned by lawful owner.
· “CUSTOMER(S)” means a person who is
desirous of availing the services offered or displayed by the a particular HOST
on the website of VEETHEE VIHARAN and who has booked the services and paid for
the services so displayed;
·
“Services” means various services offered by the HOSTs on VEETHEE VIHARAN platform
for customers including but not limited to food and dining services offered by HOST,
visiting the premises of HOST, using the vehicles such as ATV rides, bicycles,
tractors, terrain etc. provided by HOST for the purposes of entertainment;
·
“Tax” or “Taxes” mean any sales taxes, value added taxes
(VAT), goods and services taxes (GST) and other similar levy by Central or
State government.
“User” means a person who uses VEETHEE VIHARAN platform and is in
pursuit of availing services as offered by VEETHEE VIHARAN either through its
website www.EATIND.com
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR
SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE
APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND
THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU
HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE
TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES
OR CONTENT. If you accept or agree to these Terms on behalf of a company or
other legal entity, you represent and warrant that you have the authority to
bind that company or other legal entity to these Terms and, in such event,
“you” and “your” will refer and apply to that individual, company or other
legal entity.
3. Eligibility
- By checking any acceptance boxes,
clicking any acceptance buttons, submitting any text or content or simply
by making any use of the Website and accessing/browsing our Website you (i) accept the Terms of Use that appear below and agree
to be bound by each of its terms, and (ii) represent and warrant to VEETHEE
VIHARAN that: (a) You are at least eighteen (18) years of age, or the
required legal age in your jurisdiction, and have the authority to enter
into this Agreement; (b) this Agreement is binding and enforceable against
you; (c) to the extent an individual is accepting this Agreement on behalf
of an entity, such individual has the right and authority to agree to all
of the terms set forth herein on behalf of such entity; and (d) You have
read and understand VEETHEE VIHARAN’s Website Privacy Policy and
incorporated herein by reference (the "Privacy Policy"), and
agree to abide by the Privacy Policy. This Agreement between you and VEETHEE
VIHARAN shall come into effect on the date on which you use/browse the
Website. If membership or use of this Website is void where prohibited by
applicable law, the right to access the Website will be deemed to be
revoked in such jurisdictions ab initio.
4. Use of the Website.
You agree, undertake and
confirm that your use of the Website shall be strictly governed by the
following binding principles:
· You shall not host, display,
upload, modify, publish, transmit, update or share any information or item
that:
· belongs to another person and
to which you do not have any right to;
· 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;
· harms minors in any way;
· infringes any patent,
trademark, copyright or other proprietary rights;
· violates any law for the time
being in force;
· deceives or misleads the
addressee/users about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
· impersonates another person;
· contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer resource;
· threatens the unity, integrity,
defence, 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;
· shall not be false, inaccurate
or misleading;
· shall not create liability for
us or cause us to lose (in whole or in part) the services of our ISPs or other HOSTs;
and
You are further accept and are duty bound to the following
:
·
You shall not adopt any unfair trade practice whether in the course of
your offerings through our website or otherwise;
·
You shall not falsely represent yourself as consumer and post reviews
about services or misrepresent the quality and features of your service
offerings;
·
You shall be duty bound to refund the fee amount towards your services
if such services are found defective, deficient or are not of the
characteristics or features as advertised or as agreed;
Provided such refund would not arise in the case of force majeure
events;
·
You are under an obligation to provide us your legal name, principal
geographic address of your corporate office and all branches, the name and
details of your website, email address, customer care contact details such as
fax, landline, and mobile numbers and where applicable, its
GSTIN and PAN details.
· You enable VEETHEE VIHARAN to
use the information you supply (“Information”) so that we are not
violating any rights you might have in your information, you agree to grant us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have in your
Information, in any media now known or not currently known, with respect to
your Information. VEETHEE VIHARAN will only use your Information in accordance
with this Agreement and VEETHEE VIHARAN 's Privacy
Policy.
· As a condition of use, you
promise not to use the Service for any purpose that is prohibited by these
Terms of Use. You are responsible for all of your activity in connection with the
Service. VEETHEE VIHARAN has no obligation to monitor the Website, Content, or
User Submissions. However, VEETHEE VIHARAN reserves the right to: (i) remove, suspend, edit or modify any Content in its sole
discretion, including without limitation any User Submissions at any time,
without notice to you and for any reason (including, but not limited to, upon
receipt of claims or allegations from third parties or authorities relating to
such Content or if VEETHEE VIHARAN is concerned that you may have violated
these Terms of Use), or for no reason at all; and (ii) to remove, suspend or
block any User Submissions from the Website.
· VEETHEE VIHARAN also reserves
the right to access, read, preserve, and disclose any information as VEETHEE
VIHARAN reasonably believes is necessary to: (i)
satisfy any applicable law, regulation, legal process or governmental request;
(ii) enforce these Terms of Use, including investigation of potential
violations hereof; (iii) detect, prevent, or otherwise address fraud, security
or technical issues; (iv) respond to user support requests; or (v) protect the
rights, property or safety of VEETHEE VIHARAN, its users and the public.
· Users shall not use the Website
in order to transmit, distribute, store or destroy material, including without
limitation content provided by the Website:
· in a manner that will infringe
the copyright, trademark, trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal rights of others, or
· harasses or advocates harassment of
another person.
· Users shall not use the Website
to collect any information about other Users including Customers (including
usernames and/or email addresses) for any purpose other than to solicit
applications for project/assignment listings; or modify, adapt, translate, or
reverse engineer any portion of the Website and/or Services.
· Users are also prohibited from
violating or attempting to violate the security of the Website, including,
without limitation the following activities: (i)
accessing data not intended for such User or logging into a server or account
which the User is not authorized to access; (ii) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorisation; (iii) attempting to
interfere with service to any User, host or network, including, without
limitation, via means of submitting a virus to Website, overloading,
“flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP
packet header or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result in civil or
criminal liability.
5. Remedies with the Website.
You understand and agree that the Website may
review any content or project/assignment listing and in case the Website finds,
in its sole discretion, that the User violates any terms of this Agreement
especially ‘USE OF THE WEBSITE’ (above), the Website reserves the right to take
actions to prevent/control such violation including without limitation,
removing the offending communication or content from the Website and/or
terminating the Membership of such violators and/or blocking their use of the
Website and/or Service.
The Website shall also be entitled
to investigate occurrences which may involve such violations and take
appropriate legal action, involve and cooperate with law enforcement
authorities in prosecuting Users who are involved in such violations.
In order to ensure a safe and
effective experience for all the Users, the Website reserves the right to limit
the amount of data (including resume views) that may be accessed by them in any
given time period. These limits may be amended in the Website’s sole discretion
from time to time.
6. Registration Process.
The User to be entitled to avail the Services shall
have to complete the registration process (“Registration Process”) as
provided below:
· No registration is required if
you use the Website to browse. You may browse the Website and view content
without registering, but as a condition to using certain aspects of the
Website, you are required to register with VEETHEE VIHARAN, by creating an
account ("Account") on the Website and represent, warrant and
covenant that you provide us with accurate and complete registration
information (including, but not limited to a user name ("User
Name"), e-mail address and a password you will use to access the
Website) and to keep your registration information accurate and up- todate. Failure to do so shall constitute a breach of the
User Agreement, which may result in immediate termination of your Account.
· For the purpose of this User
Agreement, Account means the account successfully opened by the User on the
Website by inserting information such as but not limited to name, contact
details, user name and password as required to be filled in the
7. Ownership
Except for the content submitted by the Customers
or the Users, any material, content or logos, marks, software on or part of the
Website and all aspects thereof, including all copyrights and other
intellectual property or proprietary rights therein, is owned by the Company or
its licensors. You acknowledge that the Website and any underlying technology
or software on the Website or used in connection with rendering the Services
are proprietary information owned or duly licensed to the Company, except where
it is indicated otherwise. You are prohibited to modify, reproduce, distribute,
create derivative works of, publicly display or in any way exploit, any of the
content, software, marks, logos, and/or materials available on the Website in
whole or in part except as expressly allowed under the Terms of Use. You have
no other express or implied rights to use, in any manner whatsoever, the
content, software, marks, logos, and/or materials available on the Website.
The policy followed by us is as follows:
8. Website’s Policy
- It is the Website’s policy to block
access to or remove material that it believes in good faith to be
copyrighted material that has been illegally copied and distributed by any
of the Website’s advertisers, affiliates, content providers, Members or
Users; and remove and discontinue Services to repeat offenders.
- Procedure for reporting purported
copyright infringements: If You believe that Your copyrighted material or
content is posted, uploaded or made accessible through the Website or
Services, please inform the Grievance Officer of such material or content
and provide us with the following information (“Bona Fide Infringement
Notification”):
- Details of the ownership of the
copyright and if applicable, a physical or electronic signature of a
person authorised to act on behalf of the owner of the copyright that has
been allegedly infringed;
- Details of works or materials that You
believe are being infringed;
- Identification of the material or
content on the Website that is claimed to be infringing Your copyrighted
works including information regarding the location of such materials with
sufficient detail to enable the Website to find and verify such
materials;
- Your contact information including
address, telephone number and, if available, email address;
- A statement by You that You have a bona
fide belief that the publication or uploading of the copyrighted material
has not been authorised by either by (a) the copyright owner; (b) his
authorised agent, or (c) the law; and
- A statement by You setting out either
that You are the owner of the copyrighted work or have been authorised by
the owner to communicate with the Website with regard to the use,
publication, uploading of the copyrighted work on the Website.
- Once the Website has received a Bona Fide
Infringement Notification, the Website shall have the right to, at its
sole discretion, to: (i) remove or disable
access to the material claimed to having breached the notifier's
copyrighted works; and (ii) to notify the Content provider, Member or User
that it has removed or disabled access to the material.
- Procedure to Supply a Counter-Notice to
the Grievance Officer: If the content provider, Member or User believes
that the material that was removed or to which access was disabled is
either not infringing, or the content provider, Member or User believes
that it has the right to post and use such material from the copyright
owner, the copyright owner's agent, or pursuant to the law, the content
provider, Member or User must send a counter-notice containing the
following information to the Grievance Officer listed below:
- A physical or electronic signature of
the content provider, Member or User;
- Identification of the material that has
been removed or to which access to has been disabled and the location at
which the material appeared before it was removed or disabled;
- A statement that the content provider,
Member or User has a good faith belief that the material was removed or
disabled as a result of mistake or a misidentification of the material;
and
- The provider's, Member's or User's name,
address, telephone number, and, if available, email address and a
statement that such person or entity consents to the jurisdiction of the
competent court in Mumbai, Maharashtra.
- Removal: If a counter-notice is received
by the Grievance Officer, the Website may send a copy of the
counter-notice to the original complaining party informing that person
that it may replace the removed material or cease disabling it in 10
(ten) business days. Unless a court of competent jurisdiction gives
direction against removal of such material, the removed material may be
replaced or access to it restored at any time at the sole discretion of
the Website, after receipt of the counternotice.
9. No Liability for Third Party.
If You enter into
correspondence or engage in commercial transactions with Customers (or vice
versa) in connection with Your use of the Services, such activity would be
solely between You and the customers (or vice versa). The company, VEETHEE
VIHARAN, the Website shall have no liability, obligation or responsibility for
any such activity agreed upon between the Customers and the HOSTs. For all our
Service models, VEETHEE VIHARAN 's liability shall be
based on the written agreement that VEETHEE VIHARAN has with You. VEETHEE
VIHARAN and website will have no control on such outside and separate
engagement entered directly with the Customers (or vice versa). VEETHEE VIHARAN
and/ or website will not be held responsible for any loss arising on account of
short or non-performance of promises by the HOSTs. Further, VEETHEE VIHARAN,
with or without having the knowledge of such third party engagement, will not
be responsible to either party in case of any damage or non-performance under
such engagement.
VEETHEE VIHARAN advises the customers to take appropriate steps and undertake
necessary due diligence before engaging themselves in commercial transactions
with HOSTs in connection with the direct use of the agreed services of HOSTs.
10. Disclaimer
- THE WEBSITE IS ON AN "AS IS"
BASIS. THE WEBSITE AND ITS LICENSORS AND AFFILIATES MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED
AS TO THE OPERATION OF THE WEBSITE, PROVISION OF SERVICES OR SOFTWARE OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE
OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE WEBSITE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL
WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE WEBSITE AND ITS LICENSORS AND AFFILIATES
FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. THE
WEBSITE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE.
THE WEBSITE DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE
AVAILABLE AT ANY TIME OR
- FROM ANY PARTICULAR LOCATION, WILL BE
SECURE OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVICES AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER
POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE WEBSITE IS
ACCESSED 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 ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE WEBSITE, THE
WEBSITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
- ALL THE CONTENTS OF THIS WEBSITE ARE
ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND
SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY
DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE
WEBSITE IS/ARE THE PERSONAL OPINION OF SUCH EXPERTS/CONSULTANTS/PERSONS
AND ARE NOT SUBSCRIBED TO BY THIS WEBSITE. FURTHER IT SHALL BE THE SOLE
RESPONSIBILITY OF THE USERS TO UPDATE INFORMATION AND/OR PROFILE/ RESUME
AND THE WEBSITE DOES NOT TAKE ANY RESPONSIBILITY OF THE ACCURACY OR
VALIDITY OR TRUTH OF THE INFORMATION POSTED ON THE WEBSITE AND THE
WEBSITE SHALL NOT BE LIABLE ON THIS ACCOUNT.
- SINCE THE WEBSITE ACTS ONLY AS A
PROJECT/ASSIGNMENT SEARCHING AND PUBLISHING PORTAL FOR THE USERS, IT
SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE
ARRANGEMENTS BETWEEN HOST AND THE CUSTOMER AS REGARDS THE TERMS OF
SERVICES OFFERED BY THE HOST. IN NO CIRCUMSTANCES SHALL THE WEBSITE BE
LIABLE FOR THE ANY ARRANGEMENTS BETWEEN THE OPPORTUNITY HOST AND CUSTOMER.
FOR ALL OUR SERVICE MODELS, VEETHEE VIHARAN 'S LIABILITY SHALL BE BASED
ON THE WRITTEN AGREEMENT THAT VEETHEE VIHARAN HAS WITH YOU.
- IN NO EVENT SHALL THE WEBSITE BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY
TO USE THE SERVICES; (B) THE LOSS RESULTING FROM ANY INFORMATION OR
SERVICES OBTAINED OR MESSAGES RECEIVED, OR ARRANGEMENTS ENTERED INTO
THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE
USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE
SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
OPPORTNUTIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE WEBSITE.
- NEITHER SHALL THE WEBSITE BE RESPONSIBLE
FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
FURTHER, THE WEBSITE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY
OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED
SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL
REASONS OR FOR ANY REASON BEYOND THE WEBSITE’S CONTROL. THE USER
UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND
RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER
SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA.
- THESE LIMITATIONS, DISCLAIMER OF
WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES
ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C)
NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH
EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
11. Limitation on Liability.
The Website shall not be liable for any failure to
perform its obligations hereunder where such failure results from any cause
beyond the VEETHEE VIHARAN’s reasonable control, including, without limitation,
mechanical, electronic or communications failure or degradation (including
“line- noise” interference). WITHOUT LIMITING THE FOREGOING, THE WEBSITE AND
ITS AFFILIATES AND HOSTS WILL NOT BE LIABLE UNDER ANY LAW, FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO
LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WEBSITE’S MAXIMUM
AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE
FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO THE WEBSITE FOR THE SERVICES IN THE ONE MONTHS IMMEDIATELY PRIOR TO THE
ACTION GIVING RISE TO LIABILITY.
12. Indemnity.
You agree to indemnify and hold the Website, its
parents, subsidiaries, affiliates, officers and employees, harmless, including
costs and attorneys' fees, from any claim or demand made by any third party due
to or arising out of (i) Your access to the Website,
(ii) Your use of the Services, (iii) the violation of these Terms of Use by
You, or (iv) the infringement by You, or any third party using Your account or
User ID or password, of any intellectual property or other right of any person
or entity.
13. Privacy.
Use of the Website and/or the Services is also
governed by the Website’s Privacy Policy. We do not sell or rent your personal
information to third parties for their marketing purposes without your explicit
consent and we only use your information as described in the Privacy Policy. We
view protection of users' privacy as a very important community principle. We
understand clearly that you and your Personal Information is one of our most
important assets. Your Information which is stored and processed by us is
protected by physical as well as reasonable technological security measures and
procedures. If you object to the Privacy Policy in any way please do not use
the Website.
14. Consent.
By using the Service and/or by providing your
Information, you consent to the collection and use of the Information you
disclose on the Service by VEETHEE VIHARAN in accordance with VEETHEE VIHARAN 's Privacy Policy.
We will be calling you up using a 3rd Party
irrespective of your DND status.
15. Confidentiality.
- 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, methods developed for analysis, verification and
recruitment, data and know-how relating to the Website or to a party
(the “Disclosing Party”) or, 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 to be confidential and is not
generally available to the public.
- The Receiving Party shall keep
confidential and secret and not disclose to any third party the
Confidential Information or any part of it 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.
- Further no use, reproduction,
transformation or storage of the Confidential Information shall be made
by the User without the prior written permission of the Website, 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.
- All information and data submitted by
the User shall become the property of the Website and all such
information shall be disclosed in accordance with the Terms of Use.
- The User has access to only his own data
and information stored in the database at Website (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. The Website shall not be responsible for misuse of any such information,
collected by a third party, or any unsolicited messages from such third
parties.
- If the User is an unintended recipient,
even if registered as a Expert or a Opportunity Provider and is using or
accessing the Website to gain Confidential Information and if such an
User has obtained access to the Confidential Information, it shall be a
breach of this Agreement. Such unintended recipient shall be under strict
obligation to keep the Confidential Information so acquired absolutely
confidential. The Website in such an event, be entitled to inquire and
investigate and seek legal remedy against such unintended recipient
including to seek temporary and permanent injunction.
16. Miscellaneous
- Dispute resolution,
Governing Law and Jurisdiction -In the event of any dispute arises
between the parties, any claim arising out of or relating to this
Agreement shall be settled shall be conducted in English. A sole
arbitrator would be appointed with the consent of both the parties to
preside over the Arbitration proceedings whose award shall be binding on
both the parties.
This Agreement shall be
governed by and construed in accordance with the laws of India. The
adjudication of any dispute will be the exclusive jurisdiction of the courts of
Lucknow.
- Assignability-The Website may assign any of its
responsibilities/ obligations to any other Person without notice to the
User, at its sole discretion. However, You shall
not assign, sub-licence or otherwise transfer any of Your rights under
these Terms of Use to any other party, unless a written consent is taken
from the Website.
- Severability- If any provision of
these Terms of Use is found to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions of the
Terms of Use, which shall remain in full force and effect.
- Waiver - Failure by the Website
to exercise any right or remedy under these Terms of Use does not
constitute a waiver of that right or remedy.
- Force Majeure- The Website is not
liable for failure to perform any of its obligations if such failure is
as a result of Acts of God (including COVID, fire, flood, earthquake,
storm, hurricane, pandemic or other natural disaster), war, invasion, act
of foreign enemies, hostilities (regardless of whether war is declared),
civil war, rebellion, revolution, insurrection, military or usurped power
or confiscation, terrorist activities, nationalisation, government
sanction, blockage, embargo, labour dispute, strike, lockout or any
interruption or any failure of electricity or server, system, computer,
internet or telephone service.
- Interpretation - In this Agreement,
unless the context otherwise requires references to recitals, clauses and
sub-clauses are to recitals, clauses and sub-clauses of this Agreement;
headings are inserted for ease of reference only and are not to be used
to define, interpret or limit any of the provisions of this Agreement;
references to the singular number shall include references to the plural
number and vice versa; words denoting one gender include all genders; any
reference in this Agreement to a statutory provision includes that
provision and any regulation made in pursuance thereof, as from time to
time modified or re-enacted, whether before or after the date of this
Agreement; and any reference to a time limit in this Agreement means the
time limit set out in the relevant clause or Sub-clause or such other
time limit which may be mutually agreed by the parties in writing.
17. Links to Third Party Sites.
- The Website may contain links to other
websites (“Linked Sites”). The Linked Sites are not under the
control of the Website and the Website is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
The Website is not responsible for any form of transmission, whatsoever,
received by the User from any Linked Site. The Website is providing these
links to the User only as a convenience, and the inclusion of any link
does not imply endorsement by the Website of the Linked Sites or any
association with its operators or owners including the legal heirs or
assigns thereof.
- The Website is not responsible for any
errors, omissions or representations on any Linked Site. The Website does
not endorse any advertiser on any Linked Site in any manner. The Users
are requested to verify the accuracy of all information on their own
before undertaking any reliance on such information.
18. Refund Policy
VEETHEE VIHARAN provides refund only in the
following cases:
- The refund decision is fully on VEETHEE
VIHARAN management and will be taken after looking into the reasons for
refund. In all circumstances the decision of VEETHEE VIHARAN management
will be final and binding.
- We can provide a refund on VEETHEE VIHARAN 's fee in case there were issues with the
conduct of the service itself. Refunds will not apply if the quality of services
was not as per expectations.
19. Grievance Officer.
In accordance with Information Technology Act, 2000 and rules made there
under, the name and contact details of the Grievance Officer are as under:
Name – Sandeep Srivastava
Email – sandeep@eatind.com
In the event you wish to make a complaint regarding any violation of the
provisions of these Terms of Use, you may send a written complaint to the
Grievance Officer, who shall redress the complaint within one (1) month.