DISCLAIMER
OF WARRANTIES
You
expressly understand and agree that:
Your
use of the service is at your sole
risk. The service is provided on an
"as is" and "as available"
basis. MobileClubIndia.com and its
subsidiaries, affiliates, officers,
employees, agents, partners and licensors
expressly disclaim 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.
MobileClubIndia.com
and its subsidiaries, affiliates,
officers, employees, agents, partners
and licensors make no warranty that
(i) the service will meet your requirements;
(ii) the service will be uninterrupted,
timely, secure or error-free; (iii)
the results that may be obtained from
the use of the service will be accurate
or reliable; (iv) the quality of any
products, services, information or
other material purchased or obtained
by you through the service or through
the Service advertisers or partners
will meet your expectations; and (v)
any errors in the software will be
corrected.
Any
material downloaded or otherwise obtained
through the use of the service 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 you from MobileClubIndia.com
or through or from the service shall
create any warranty not expressly
stated in the terms of use.
A
small percentage of users may experience
epileptic seizures when exposed to
certain light patterns or backgrounds
on a computer screen or while using
the service. Certain conditions may
induce previously undetected epileptic
symptoms even in users who have no
history of prior seizures or epilepsy.
If you, or anyone in your family,
have an epileptic condition, consult
your physician prior to using the
service. Immediately discontinue use
of the service and consult your physician
if you experience any of the following
symptoms while using the service:
dizziness, altered vision, eye or
muscle twitches, loss of awareness,
disorientation, any involuntary movement,
or convulsions.
LIMITATION
OF LIABILITY
SPM Infotech Pvt Ltd shall not be
liable for any special indirect, punitive,
incidental, special, or consequential
damages relating to the participation
or inability to participate in the
Service.
SPM
Infotech Pvt Ltd is not responsible
for damages or losses that result
from participating or inability to
participate in the Service, or reliance
on or use of information, services,
or merchandise provided on or through
the Service.
You
acknowledge and agree that SPM Infotech
Pvt Ltd neither endorses the contents
of advertisements or third parties'
web sites, nor assumes responsibility
or liability for the accuracy of material
contained therein, or any infringement
of third party intellectual property
rights arising there from, or any
fraud or other crime facilitated thereby.
To
the maximum extent allowed by applicable
law, neither MobileClubIndia.com nor
any of its parents, members, subsidiaries,
service providers, licensors, officers,
directors or employees shall be liable
for any direct, indirect, incidental,
special or consequential damages arising
out of or relating to this agreement,
resulting from the use or the inability
to use the service or for the cost
of procurement of substitute goods
and services or resulting from any
goods or services purchased or obtained
or messages received or transactions
entered into through the service or
resulting from unauthorized access
to or alteration of user's transmissions
or data, including but not limited
to, damages for loss of profits, use,
data or other intangible, even if
such party has been advised of the
possibility of such damages. Without
limiting the foregoing, everything
on the site is provided to you "as
is" without warranty of any kind,
either expressed or implied including,
but not limited to, the implied warranties
of services, merchantability, fitness
for a particular purpose, or non-infringement.
MobileClubIndia.com disclaims all
liability, regardless of the form
of action, for the act of other members,
or users including unauthorized users,
or hackers of the service.
PARTICIPATION
IN PROMOTIONS OF ADVERTISERS AND PARTNERS
Your
correspondence with or participation
in promotions of Service advertisers
and partners, including payment and
delivery of related goods or services,
and any other terms, conditions, warranties
or representations associated with
such dealings, are solely between
you and the advertiser or partner.
We assume no liability, obligation,
or responsibility for any part of
any such correspondence or promotion,
including without limitation withdrawal
or modification of any offer or promotion.
You
understand that, in some cases, there
may be a delay in the crediting of
Points for promotions of advertisers
or partners due to advertiser's or
partner's failure to provide necessary
information to us for the crediting
of such Points. We will not be responsible
or liable for the delay or failure
to credit Points in such event.
NON-TRANSFERABILITY
You
are not allowed to share your account
with any other individual. Nor are
you allowed to transfer accounts to
someone else.
Your
membership will terminate immediately
in the event of your death. Service
accounts are not transferable upon
death or otherwise by operation of
law.
PROPRIETARY
RIGHTS TO CONTENT
You
acknowledge that Service content (including
but not limited to text, sound, photographs,
graphics, or other material contained
in any Service communication, advertisements,
or messages, whether by MobileClubIndia.com
or MobileClubIndia.coms' advertisers
or partners), Service and software
are protected by copyrights, trademarks,
service marks, patents, and/or other
proprietary rights and laws. Member
is only permitted to use content,
Service, or software as expressly
authorized by MobileClubIndia.com,
its advertisers and partners, as the
case may be.
Except
as expressly authorized by MobileClubIndia.com
or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute
or create derivative works based on
the Service or the Software, in whole
or in part.
MODIFICATIONS
MobileClubIndia.com reserves the right
to change this Terms and Conditions
document. Current members will be
informed by email, however it is also
your responsibility to check this
document periodically for any changes
or modifications and you must not
rely on e-mails as a sole source of
information regarding this agreement
or your membership. Your continued
use of MobileClubIndia.com constitutes
an affirmative acknowledgement by
you of the Terms and Conditions and
any subsequent modifications made
to it and your agreement to abide
and be bound by the Terms and Conditions
document in its modified form.
We
reserve the right to modify or discontinue
the Service with or without notice
to you. We shall not be liable to
you or any third party should we exercise
our right to modify or discontinue
the Service.
NOTICES
All
notices given by us to you will be
given by email, postal mail or by
general posting on the Web site.
INDEMNIFICATION
You agree to indemnify and hold us,
our affiliates, officers, agents,
co-branders or other partners, and
employees, harmless from any claim,
demand, expense, or damage, (including
reasonable legal fees) made by any
third party due to or arising out
of your use of the Service, your connection
to the Service, your violation of
the Terms, content you submit, post
to or transmit through the Service
or your violation of any rights of
another.
MISCELLANEOUS
This agreement takes precedence over
any Do-Not-Call list you might enroll
yourself in. If you want MobileClubIndia.com
to stop sending advertisements to
you, you must select the opt-out option
provided in the site or cancel your
MobileClubIndia.com membership account.
Enrolling yourself in any do-not-call
list of any institution or company
has no impact or influence whatsoever
on the advertisements you receive
from MobileClubIndia.com.
TERMS
AND CONDITIONS and the relationship
between you and MobileClubIndia.com
shall be governed by the laws of the
State of Karnataka without regard
to its conflict of law provisions.
You and MobileClubIndia.com agree
to submit to the personal and exclusive
jurisdiction of the courts located
within Mangalore, Karnataka.
This
Agreement constitutes a complete and
exclusive understanding between us
and you relating to the subject matter
hereof and supersedes all prior or
contemporaneous understandings, agreements,
communications, and/or advertising
with respect to such subject matter
provided that nothing in this Agreement
seeks to limit or exclude any right
either party may have in respect of
fraudulent misrepresentation
Our
failure to exercise or enforce any
right or provision of this Agreement
shall not constitute a waiver of such
right or provision unless acknowledged
and agreed to by us in writing.
If
any part of these Terms is unenforceable
(including any provision by which
MobileClubIndia.com excludes its liability
to the Member), the enforceability
of any other part of these Terms will
not be affected.
