“We”, “Us”, “Our”, “Instichoose” shall mean a company incorporated under the laws of India. “Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Site “You”, “Your”, “User” refers to the user of the site. “User” is anyone who is visiting, accessing or browsing the Site. “Website” and “site” shall mean www.instichoose.com that is the domain owned and controlled by Instichoose “Content” refers to any text, image, graphic, video, audio, location or all forms of data. “Your Content” refers to any content submitted by way of registration or submission of reviews or messages through, or in connection with the Site. “Third Party” refers to any person other than the “User” or the “Website”
Use of the Site is limited to parties that lawfully can enter into and form contracts under applicable law. To register, you must provide your true and correct information as requested while registering.
CONTENT ON THE WEBSITE
Our Site provides users a portal to assist you in comparing different information, products and services. It provides information regarding products, however, Instichoose does not warrant that product or service descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error free. Our Site does not endorse any product and it is merely for informational purposes. WE assume NO liability for inaccuracy or incompleteness of ANY content on the website.
USER CONTENT SUBMISSION
By submitting any reviews, comments or any content on Instichoose, you are granting us a perpetual, irrevocable, transferable right and license to use, copy, modify, delete, publish, create derivative works, sell/distribute such materials and/or incorporate such materials into any form without compensation to you. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Instichoose.
RESTRICTIONS TO USER CONTENT
When submitting content to Instichoose, whether in the form of reviews, editorials, comments, message board posts, ratings or your profile page the following are inappropriate:
• Violating the intellectual property rights of any user
• Creating more than one account
• Defaming a user
• Selecting or using a Member ID or photo that violates someone's trademark rights
• Using any automated means to access the site or collect any information from the site
• Using cookies, web bugs or tracking technologies
• Collecting any personal information about users through www.instichoose.com , including, but not limited to, their username or password
• Using emails tools (such as "Email this page") to send spam
• Sharing your password with a user
• Publishing or using files or processes that pose a threat to the proper technical operation of the system or to the security of other members
• Provide any content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• Requesting search engines to crawl or index any portion of www.instichoose.com
• Modifying or creating variant versions of Instichoose logos or other trademarks
• Illegal activity under the laws of India.
• Speaking on behalf of Instichoose describing yourself as a Instichoose employee or using Instichoose letterhead and/or seal.
• Posting material containing profanity, vulgarity, hate speech or threats of violence
• Including contact or personal information about another individual without their permission
• Including any pornographic content (This includes any sexually explicit pictures.)
• Submitting content on a product/topic that is reasonably likely to offend a person looking for information on that product/topic
• Harassing another member
• Publishing the same review more than once.
• Using advertisements, paid links, affiliate marketing, or any form of link spam.
If you find such abusive or restricted content on the Website, you may send us a written complaint or send us a complaint via e-mail to email@example.com.We shall investigate into the matter to ensure the validity and authenticity of such complaint. Once, we confirm this, we shall take necessary action against the wrong-doer at our discretion, not excluding legal action or deletion of the said persons account and membership to the Website.
You can cancel your account at any time by contacting www.instichoose.com.Any other form of termination will be void. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement).
By choosing to use the Website, you agree to indemnify Instichoose, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through the Website; or of your use of or connection to the Website; your violation of the User Agreement; or, your violation of any rights of another. If you choose to post negative comments and reviews about a particular brand on the Website, you shall do so at your sole discretion. In the event that such negative reviews and comments result in any claims, legal action, suit for damages, legal notices etc. from the aggrieved brand company to us, you agree to hold Instichoose completely indemnified and free from such claims or legal action.
LIMITATIONS OF LIABILITY
Instichoose And Its Affiliates Shall Not Be Liable To You For Any Lost Profits Or Special, Incidental Or Consequential Damages (However Arising, Including Negligence) Arising Out Of Or In Connection With Its Parent, Subsidiary Or Affiliate Companies, Our Services Or This Agreement. Other Than With Respect To Eroyalties, Our Suppliers And We Shall Not Be Liable To You For More Than An Ascertained Sum. Our Total Liabilities Shall Be Restricted To A Sum Of Rs. 500 - Only. Certain State Laws Do Not Allow The Exclusion Or Limitation Of Certain Damages. If These Laws Apply To You, Some Or All Of The Above Exclusions Or Limitations May Not Apply To You, And You Might Have Additional Rights. In The Event That You Post Or View Some Content On The Website Against Out Restrictied Content Clause, We Shall Not Be Responsible For The Consequences Arising Out Of Such Actions. Our Liability Shall Be Restricted To Removal Of The Offfensive Content Only. Governing Law This Site Is Operated By Us In India And We Make No Warranty That The Materials And Content On The Site Are Appropriate Or Available For Use Outside Of India. Those Who Choose To Access The Site From Outside India Do So On Their Own Initiative And Are Responsible For Local Laws, If And To The Extent That Local Laws Are Applicable. Any And All Services And Rights Of Use Hereunder Are Performed, Performable And/Or Sold In India. You Also Agree That Any Dispute Between You And Us Will Be Governed By The Laws Of The State, Without Regard To Conflict Of Laws Principles
DISCLAIMER OF WARRANTIES
Instichoose Network And Its Services Are Provided "As Is", Without Warranty Or Condition Of Any Kind, Either Express Or Implied, And We Explicitly Disclaim Any Warranties Of Merchantability, Fitness For A Particular Purpose, Quiet Enjoyment Or Non-Infringement. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. We may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You agree not to hold Instichoose 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 merchants or advertisers on the Website. In addition, Instichoose does not endorse, warrant or guarantee the products or services of any seller, lender or broker including any rates, points and loan programs posted by sellers, lenders or brokers.
INTELLECTUAL PROPERTY RIGHTS
We own and retain all proprietary rights in the Website and the Service, except for the content that is posted from different website or sources. In such instances, our website will list the original website and refer users to the original website. The Website contains the copyrighted material, trademarks, and other proprietary information of Instichoose, and its licensors. Unless we has otherwise agreed in writing, nothing in the terms gives you a right to use any trade names, trademarks, service marks, logos, domain names, and all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection and belonging solely to us and other distinctive brand features. You cannot post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement can be sent to us in writing to the address located in the Website.
You agree that Instichoose may automatically assign this Agreement and all agreements and information incorporated herein in its sole discretion, to a user. You may not assign your obligations to another entity.
No Agency: This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the Website. No Waiver of Rights: Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Severability: If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Dispute Resolution: Any dispute arising out of or with respect to these Terms shall be amicably resolved by and between the Parties within 7 days from the date of dispute, failing which, either Party Determined by arbitration in accordance with the Arbitration and Conciliation Act, 1996 before a sole arbitrator who shall be appointed by Instichoose. If any notice for arbitration from us is not acknowledged or initiation of arbitration by notice is not completed within 48 hours after the said 7 day period by you, the dispute shall deemed to be resolved with no costs to be paid by us. The language of the arbitration shall be English. The arbitration award shall be final and binding on the Parties hereto. All matters relating to such arbitration shall be maintained in confidence. Subject to Arbitration, the Terms shall be subject to the exclusive jurisdiction of the courts in India only. When any dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under these Terms.