(c) User Information shall mean any information provided by the User including but not limited to name, date of birth, identity proof, telephone number, email address, physical address, etc.
2. Website Access and User Registration
i. You agree and understand that this Website and the contents are intended for people who are of the age of 18 years or above. You hereby represent that You are 18 years of age or above and competent to contract. You understand that this Website is intended for individual personal use only.
ii. You understand that for the purpose of effectively using the Website You will be required to provide accurate information including User Information.
iii. You represent that You have all rights required to provide the information that You have provided to the Website, including the User Information and represent that it is true and accurate. You also undertake that You shall not create more than one User account.
(b) You will be solely responsible for maintaining the confidentiality of the password and agree that the password is intended for use solely by You. You agree and undertake to access the Website only using the username and password sent to You. The Company may in its sole discretion permit or deny Your registration.
(c) You will be solely responsible for Your acts on the Website including those conducted under the username assigned to You.
(d) You understand and agree that the Company may, in its sole discretion, terminate Your access to the Website without notice and You waive any right to claim access to the Website or any other claim that You may have. Any data of Your usage may be retained or deleted at the Company’s sole discretion.
(e) You agree that the User Information uploaded can be used and viewed by other third parties who access the Website.
3. Permitted Uses
(a) The Website is currently [used to ] and is to be used for the purposes set forth on the Website including the following:
[Drafting Note: Please could you broadly outline the purpose of the website.]
(c) You will use the Website and any information available in accordance with all applicable laws and regulations.
4. Prohibited Use
In relation to the use and access of the Website its content and features, You agree and undertake not to:
(a) re-sell the usage or services of the Website;
(b) upload, transmit or publish any information on behalf of a third party, including any User Information of any person other than You, and more specifically, You will not impersonate another person;
(c) upload, transmit, email or publish any information or material which is threatening, abusive, grossly offensive, pedophilic, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography;
(d) violate the privacy of any person;
(e) upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Website, the Company’s computer systems, or the computer systems of other Users or third party systems;
(f) upload transmit or publish anything which You do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party;
(h) access the Website in any unauthorized manner, including by hacking or using log in credentials of any other User or using BOTS;
(i) use the Website for any unauthorized marketing purposes or for sending any unsolicited materials or advertisements.
(j) violates any law for the time being in force.
5. Intellectual Property
You agree and understand that:
(a) The contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of the Company or its licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with the Company or its licensors.
(c) To the extent required, You grant to the Company a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any content, posts, emails, uploads, materials, trademarks, trade names and any of Your intellectual property which You have provided to the Company or on the Website. Any content uploaded by You may be displayed and reproduced by the Company in any manner it deems fit.
(d) You have no right to make any copies of the whole or part of this Website or any of the content therein.
(e) You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website save for any User Information that belongs to You.
(f) You have no right to use any search mechanisms other than that provided on the Website and You will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website.
(a) You agree and understand that the Website is solely intended for the purpose of [Insert purpose]. The Company also provides no guarantee for validity and accurateness of any information published on the Website. Further, You understand and agree that it is at your own discretion and based on Your judgment that You use the Website.
(b) The Company does not represent in any manner that:
i. the information, data or contents of the Website are accurate;
ii. the Website will be available at all times and will operate error free or that there will be uninterrupted access and service;
iii. the integrity of the information on the Website or information You upload will be maintained;
iv. the Website or any content is free from viruses or other malware.
(c) You agree and understand that the contents and services on the Website are available on an “as is” basis.
(d) You expressly release the Company and where applicable its director, officers and representatives from any cost, damage, liability or other consequence of any Use of the Website by You or the actions of the Users of the Website.
(e) Subject to applicable laws, the Company hereby disclaims all warranties, whether express or implied, in relation to the Website, its contents and functionalities, including but not limited to warranties of merchantability or fitness for a particular purpose. Where applicable laws do not permit the disclaimer of warranties to the extent detailed above, the said warranties are disclaimed to the maximum limit permitted by applicable law.
(f) The Company reserves the right to remove any content posted on the Website and assumes no liability that may arise to You or any third party for such conduct of THE COMPANY.
(g) The Website may contain links to third party websites. The Company shall not be responsible in any manner for the contents of these third party websites and if You should choose to use the link to view the third party websites, You choose to do so at Your own risk. The Company does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third party websites.
7. Usage fee
No fee shall be charged for the use of the Website.
9. Limitation of Liability
[Drafting Note: Generally the liability limit of a provider of such a free service is very low. Please assess what would be a reasonable figure to include here.]
The Company takes matters related to intellectual property rights and privacy very seriously. Should You have any complaints regarding the Website, including but not limited to abuse and misuse of the Website, copyright infringement and the like, or any issues related to data privacy please report the same to [Insert Grievance Officer’s Contact Details].
Please provide Your name, email address, physical address and contact numbers so that THE COMPANY may be in a position to verify details or check the authenticity of the complaints.
(b) Force Majeure: In no event shall the Company be liable for any acts beyond its control or for any acts of God.
(c) Access: This Website is intended for viewing in India, the Company does not make any claim that the Website and its contents may be lawfully viewed or accessed in the jurisdiction You are viewing it in. You are solely responsible for complying with laws applicable to You.