|
| Terms of
Use |
|
|
Hifunda.com is operated by and aims to provide you
with the capability to use & access stored information, files,
graphics, and all digitized data via the internet on Hifunda’s servers
and systems ("the service"). This service is available to you
free of charge & Hifunda.com will continue to make improvements and
provide upgrades to its system to enable you to enjoy the best possible
service. Where charges are to be imposed, you will receive prior
notification and will be able to opt out of the service at any point of
time.
To ensure that Hifunda.com is able to give you the best service,
certain terms and conditions are imposed on the use of the service.
Please be advised that your access and continued use of the service
indicates your agreement to be bound by the terms and conditions herein
and any other terms which may be introduced from time to time. The terms
set out herein are comprehensive and shall form the basis of your use of
the service. |
|
| Consideration and Acknowledgment |
|
|
In consideration for this
service, you:
Shall provide complete, current and accurate information where required,
including updating any out-dated information promptly; Consent to the
disclosure of any information given, in part or full, to third parties
on an aggregate basis. Such disclosure shall not, however, include your
name, mailing address, e-mail address or phone number unless you consent
to the same or Hifunda.com is required by law to do so; Pay any and all
charges that may be imposed for use of the service. All payments shall
be by authorized credit card, for which you shall provide complete,
accurate, and personal billing information, including your legal name,
address, and telephone number. Once billing information is provided, you
shall be charged in accordance with the subscription you opt for. Any
errors in billing must be brought to Hifunda.com’s notice within 30
days from the date of the billing failing which the billing shall be
deemed final and accepted.
The use of this service is
subject to all applicable local, state, national, and international laws
relating to the internet & you agree:
To comply with all such
laws relating to the transmission of technical data through the service
and the internet, Not to use the service for illegal purposes; Not to
interfere with or disrupt networks connected to the service; To comply
with all regulations, policies and procedures of networks connected to
the service; To abide by all internet regulations, policies and
procedures; Not to transmit or store via the service any unlawful,
libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise
objectionable material of any kind or nature; and Not to interfere with
anyone else’s use of the service or any other similar service. |
|
| Account |
|
|
Once you have signed on to
the service, you will receive an account and a password. You are solely
responsible for your account and password. You are also solely
responsible for activity in your account and for payment thereof. You
may change your password at your convenience. Hifunda.com shall not be
responsible for the deletion or failure to store any data/files in your
account. |
|
| Privacy |
|
|
All data stored in your
account is private and Hifunda.com shall not access, edit, disclose, or
monitor the contents of the account unless required by law or morality
to do so. |
|
| Modification to Service/Terms |
|
|
Hifunda.com reserves the
right to modify or discontinue the service with or without notice to
you. In such an event, Hifunda.com shall not be liable in any way to
you. Hifunda.com does not guarantee the continuous availability of the
service or any specific feature of it. Hifunda.com also receives the
right to change the service, or any part of it, and the terms and
conditions herein at any time. |
|
| License to use |
|
|
Hifunda.com grants you a
revocable, non-transferable license to use its services. You shall not
at any time, directly or indirectly, reverse, engineer, decompile,
disassemble or otherwise attempt to discover the source code or create
modifications or derivative works based on the software. Ownership of
all the applications & software remains at all times with
Hifunda.com. |
|
| No warranties or representations |
|
|
Hifunda.com makes no
warranties that the service will meet your requirement; that the service
will be fit for your purpose that the service will be freely available,
uninterrupted, timely, secure or error-free that data stored or
retrieved via the service will be accurate or reliable for any good or
service purchased or obtained through the service or any transactions
entered through the service.
You use the service solely at your risk
and Hifunda.com shall not be liable for any loss or unavailability of
data or damage to your computer. |
|
| Limitation of Liability |
|
|
Hifunda.com shall not be
liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use the service; or for
costs of procurement of substituted goods or 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 alterations of member’s transmission or
data, including but not limited to damages for loss of profits, use,
data or other intangible, regardless of whether Hifunda.com has been
advised of the possibility of such damages. |
|
| Indemnity |
|
|
You agree to indemnity and
hold Hifunda.com, its parent, subsidiaries, affiliates, officers, and
employees, harmless against any claim or demand, including reasonable
attorney fees, made by any third party due to or arising out of your use
of the service; your violation of the terms and conditions herein; your
infringement of any intellectual property or other right of any person
or entity. |
|
| Termination |
|
|
Either party may terminate
this agreement without reason at any time and with immediate effect.
In the event you breach
any of the terms and conditions, however, hifunda.com may forthwith
terminate your account. Any rights or liabilities or entitlements
against shall such termination.
Upon termination:
your right to use the
service and software immediately ceases all charges shall accrue
forthwith up to the date of termination of the account all data stored
in your account shall be deleted the license granted in clause 5 shall
forthwith be canceled.
All other terms and
conditions including but not limited to payment, disclaimer of
warranties, limitation of liability shall serve termination. |
|
| Notices |
|
| All notices required to be given shall
be given via e-mail. Hifunda.com may choose instead to broadcast or post
notices through its service and this shall be deemed effective notice to
you. |
|
| Advertisers and Promotions |
|
| Hifunda.com accepts no responsibility
for advertisements or promotions appearing on its service. You deal with
advertisers and promoters on your own accord and on their terms. |
|
| Proprietary Rights and Contents |
|
|
All information and
content including, but not limited to, text, software, movie, sound,
photographs, video, graphics or other materials found or presented on
the service, whether belonging to Hifunda.com or to advertisers and
promoters, is protected by copyright, trademark, service marks, patents
or other proprietary rights and laws. You shall not use, copy,
reproduce, distribute or create derivative works from such content
without being expressly authorized to do so by hifunda.com or the
advertiser or the respective owners. |
|
| Choice of Law and Jurisdiction |
|
| This agreement is governed by and to be
construed in accordance with the laws of and parties subject to the
exclusive jurisdiction of the High Court of Calcutta, in the State of
West Bengal, India. |
|
| General Matters |
|
|
If any term or condition
herein is held by a court of competent jurisdiction to be contrary to
law or unenforceable, then such term or condition may be removed without
affecting the remaining terms and conditions, which shall remain in full
force and effect.
Any failure on the party
of Hifunda.com to exercise or enforce any right herein shall not
constitute a waiver of such right. |
|