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1. ACCEPTANCE OF TERMS Thank you for using Dhoondley's innovative platform for students, service-seekers and service-providers, professionals and teachers seeking to establish mutually beneficial relationships. Dhoondley provides the Dhoondley service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on http://www.dhoondley.com or any other websites launched by Dhoondley (collectively, the “ Dhoondley Site”) by Dhoondley (collectively, these “Terms”).
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE DHOONDLEY SITE OR USE THE SERVICE (AS DEFINED BELOW). BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE OR THE Dhoondley SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
We reserve the right to modify these Terms at any time by posting a notice on the Dhoondley Site, or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Service (as defined below) or the Dhoondley Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.
2. THE DHOONDLEY SERVICE Dhoondley provides users with access to a rich collection of on-line resources, including without limitation professional business web-page hosting services, service provider’s business web page hosting services, on- and off-line advertising services, promotional pricing services, and the ability to contact merchants from whom service-seekers, students, schools, or other businesses seek services (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the Dhoondley Site to solicit reviews from, and share reviews with other Dhoondley users; search the Dhoondley database for reviews and business contact information; forward reviews to people you know, whether or not they are existing Dhoondley users; invite people you know to join Dhoondley; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages, and other materials available via the Dhoondley Service, and other items displayed on the Dhoondley Site (“Content”), for your own use. You may not copy or distribute any portion of the Dhoondley Site and/or the Service for any purpose not authorized above without the express written permission of Dhoondley. Dhoondley does not control the Content posted by third parties via the Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL DHOONDLEY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT. Dhoondley reserves all rights with respect to the Service and the Dhoondley Site not expressly specified herein.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of Dhoondley or use the Dhoondley Site and the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you do not so qualify, do not use the Service or the Dhoondley Site. Membership in the Service is void where prohibited by applicable law, and the right to access the Dhoondley Site is revoked in such jurisdictions. You must be 13 years of age or older to use the Dhoondley Site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Dhoondley Site and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Dhoondley Site is administered in India and intended for Indian users; any use outside of India is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Service or the Dhoondley Site.
3. REGISTRATION OBLIGATIONS In consideration of use of the Service and the Dhoondley Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Dhoondley has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Dhoondley has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Additionally, you agree that if you provide false information to obtain access to a Dhoondley business site that you are not legally entitled to claim, Dhoondley will be entitled to collect liquidated damages of Rs.50,000 per violation or actual damages incurred by Dhoondley from you. You understand and agree that the Service may include certain communications from Dhoondley, such as service announcements, administrative messages, and the Dhoondley Newsletter, and that these communications are considered part of Dhoondley membership and (except as prohibited by applicable law) you will not be able to opt out of receiving them.
4. DHOONDLEY PRIVACY POLICYF or information regarding how we treat personal information of our users, please see Dhoondley's current, full privacy policy at http://www.dhoondley.com/privacy-policy, which is incorporated in its entirety into these Terms by this reference.
5. USER CONDUCT You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Dhoondley, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Service (and to grant Dhoondley the license to such Content set forth in Section 7 below), and (b) that any Content that you upload, post, or otherwise transmit via the Service complies in all respects with the Terms. Dhoondley does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable.
In your use of the Service or the Dhoondley Site, you agree not to:
Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18; Post information that is pornographic or sexually explicit in nature; Post false or intentionally misleading information; Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by Dhoondley; Provide any posted Content that is unlawful or that promotes or encourages illegal activity; Impersonate any person or entity, including, but not limited to, a Dhoondley official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the Dhoondley Site, the Service, or in any Content; Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Service or the Dhoondley Site or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service or the Dhoondley Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the SEBI, any rules of any national or other securities exchange, including, without limitation, the BSE, the NSE and any regulations having the force of law; "Stalk" or otherwise harass another user, individual, professional, merchant, student, or instructor, service-provider; Collect, harvest, or store personal data about users, or members for any reason other than to solicit and share reviews or to gain more information about a learning or teaching or service opportunity; Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Dhoondley Site and/or Service; Create or submit unwanted email or messaging (“Spam”) to any other Dhoondley user or otherwise interfere with the enjoyment of other Members or Users of the Dhoondley Site or the Service; Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the Dhoondley Site and/or the Service; Access, retrieve, or index any portion of the Dhoondley Site and/or Service for purposes of constructing or populating a searchable database of business reviews; Reformat or frame any portion of the web pages that are part of the Dhoondley Site and/or Service; Create user accounts by automated means or under false or fraudulent pretenses; Use of the Dhoondley Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in Dhoondley’s sole discretion, an unreasonable or disproportionately large load on Dhoondley’s IT infrastructure; or Copy or store any Content offered on the Dhoondley Site for other than your own use; You understand and agree that Dhoondley may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating) or other posted Content that in the sole judgment of Dhoondley violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Dhoondley Site and/or other website users. You are solely responsible for your ratings and reviews of businesses listed on Dhoondley. Dhoondley reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
In addition, you agree that all hyperlinks and other offers comprising the Service (e.g., hyperlinks provided in connection with Dhoondley's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by Dhoondley.
6. PROMOTIONAL PRICING If you as a merchant use the promotional pricing feature to provide consumers with deals through the Dhoondley platform, you represent and warrant to Dhoondley that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the Dhoondley platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify Dhoondley against any claims by users of the service that the terms of a coupon or other offered deal were not honored.
7. CONTENT SUBMITTED TO DHOONDLEY Dhoondley does not claim ownership of the Content you place on your Dhoondley Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the Dhoondley website or otherwise through the Service, you:
Grant to Dhoondley, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas, or know-how embodied therein; Represent and warrant to Dhoondley that you own or otherwise control all rights to such Content (including the ability to grant Dhoondley this license) and that disclosure and use of such Content by Dhoondley (including without limitation, publishing Content at the Dhoondley website) will not infringe or violate the rights of any third party; and Acknowledge that the Content may not be treated confidentially. You agree not to provide Dhoondley with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that Dhoondley does not pre-screen Content, but that Dhoondley and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, Dhoondley and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable (in Dhoondley’s sole discretion). You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
8. INDEMNITY You agree to indemnify and hold Dhoondley, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers’ and courts’ fees, made by any third party due to or arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Service, (c) your connection to the Service, (d) your violation of the Terms, or (d) your violation of any rights of another.
9. MODIFICATION AND TERMINATION You agree that Dhoondley may, in its sole discretion and without notice, terminate your password, use of the Service, the Dhoondley Site or use of any other Dhoondley service, and remove and discard any Content within the Service or the Dhoondley Site, for any reason, including, without limitation, for lack of use or if Dhoondley believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Dhoondley may also, in its sole discretion and at any time, discontinue providing or modify the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Dhoondley may immediately deactivate or delete your pages on the Dhoondley Site and all related information and files in your pages on the Dhoondley Site and/or bar any further access to such files or the Service. Further, you agree that Dhoondley shall not be liable to you or any third-party for any modification of the Service termination of your access to the Service.
10. ADVERTISEMENTS Dhoondley runs advertisements and promotions on the Site. By creating your pages on the Dhoondley Site, you agree that Dhoondley has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Dhoondley on your Dhoondley Site are subject to change in the sole discretion of Dhoondley.
11. COUPONS, DEALS, AND PROMOTIONS Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Service, 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 such merchant or advertiser. YOU AGREE THAT DHOONDLEY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
12. LINKS The Service and the Dhoondley Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Dhoondley has no control over such sites and resources, you acknowledge and agree that Dhoondley is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT DHOONDLEY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
13. DHOONDLEY PROPRIETARY RIGHTS You agree that all Content and materials delivered via the Service or otherwise made available by Dhoondley are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Dhoondley in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at Dhoondley's website for your internal business purposes; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the Dhoondley Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Dhoondley is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to Rs 1,50,000 in penalties per instance.
Reproducing, copying, or distributing any Content, materials, or design elements on the Dhoondley Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of Dhoondley. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Dhoondley grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Dhoondley for use in accessing the Service. Dhoondley hereby reserves all rights not otherwise expressly granted in this Section 13.
14. DISCLAIMER OF WARRANTIESYOU 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. DHOONDLEY 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. Dhoondley MAKES 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 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 DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 Dhoondley OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. READERS ARE ADVISED THAT DHOONDLEY DOES NOT WARRANT THE SERVICES PROVIDED BY ANY SERVICE PROVIDER LISTED ON THE SITE. IT IS UP TO THE PARTIES INVOLVED TO CHOOSE THE PROVIDER BEST SUITED FOR EACH CUSTOMER. DHOONDLEY IS NOT INVOLVED IN THE SELECTION PROCESS.
YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE CHOOSING A SERVICE FROM A PROVIDER IN DHOONDLEY'S NEWSLETTER OR WEBSITE.
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