BEFORE REGISTERING PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE WWW.JAINBIRDS.COM WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Internet website is provided by JainBirds.com (‘the Company’). This is a legal agreement between you and JainBirds.com. By using this website, you agree to be bound to the following Terms and Conditions. If you do not agree with these terms and conditions then you are not authorized to use or access this web site. The application form is a contractual offer by you to us subject to these Terms and Conditions and no others. On acceptance by us, there exists a binding contractual relationship between us and yourself. This document (‘The Membership Terms and Conditions’) sets out the relationship between you and the Company, JainBirds.com.
The Company agrees with you as follows: Definitions, In this agreement the following words shall have the following meanings: ‘Us’ refers to JainBirds.com and ‘we’ and ‘our’ will be construed accordingly. ‘You’ refers to the customer or user who uses the site subject to these Terms and Conditions and ‘your’ will be construed accordingly. ‘Advertisement’ refers to the Advertisement(s) placed by you on the JainBirds.com web site. ‘Site’ means our web site located at JainBirds.com, and ‘Content’ means the text, images, audio, video, interactive & multimedia art and design work and other information as well as affiliated intellectual and creative material available within the Site.
Your membership is for you and your parents to make use for one profile. You may not assign or otherwise transfer your account to any other person or entity.
We are a private members club and will only accept membership applications from adults of the Jain religion, over 18 years of age. No persons under the age of 18 are eligible to apply for such membership to the JainBirds.com website.
We cooperate with law enforcement inquiries including other parties’ rights to enforce laws such as intellectual property rights fraud and other rights. You expressly authorize us to disclose any information about you to law enforcement and other Government Agencies including the Police which we at our sole discretion believe necessary or appropriate in connection with any fraud, intellectual property infringements or other activity which is or may be illegal or may expose us to legal liability.
Conditions of your eligibility and accepting membership fees
Prior to acceptance by us of your Advertisement you will submit to us:
A completed application form;
The necessary fee, which shall be made payable to JainBirds.com from whom all transaction receipts will be issued;
You agree to pay for our service by applying on-line, by way of payment from a debit or credit card which either belongs to you or which you are otherwise authorised to use. You can also pay by cheque or bank deposit into our account. No refunds will be given either in whole or part for payments made by credit or debit card, bank transfer or cheque or any other form. Any payments made to JainBirds.com are non-refundable even if you have paid for months ahead. You acknowledge and agree that you are obliged to give us 28 days’ notice before cancelling this payment method and that during the 28 day cancellation period, you may be required to make a further monthly payment if the payment due date falls during this cancellation period. You also acknowledge and agree that such notice will only be validly given by the completion and transmission by you to us of our on-line payment cancellation form.
It is your responsibility to ensure that we receive prompt payment, as we will not be held responsible for payment not being received.
If the fee is not paid on or before the due date, we shall, until actual payment of the fee, have the right to suspend display of or cancel membership.
The fee in respect of subsequent periods shall be in accordance with our then current rate card, which we may vary from time to time, provided notice thereof has been given to you not less than 30 days before the end of the relevant period.
You must satisfy yourself as to the bona fides of those to whom you are introduced. You are solely responsible for your interactions with other members. We reserve the right, but have no obligation, to monitor disputes between you and other members. It is solely your responsibility to ensure your own safety when meeting/communicating with other members.
It is your responsibility to ensure the accuracy of all details (personal or otherwise) provided by you about yourself to us for inclusion in your Advertisement. It is your responsibility to inform us of any changes to personal details or circumstances at the earliest opportunity. You are solely responsible for the content or information you transmit to other members.
You will not post on our service, or transmit to other members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material which infringes or violates another party’s rights (including, but not limited to, proprietary rights, and rights of privacy).
You will not include in your profile any telephone numbers, street addresses, last names, URL’s, E-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. We reserve the right to reject any profile or photo which does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam, phishing scams, identity, financial or related fraudulent tactics, or junk E-mail to other members.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
We reserve the right to reject an application on any basis and without providing a reason.
We reserve the right to expel you immediately in the event that your behaviour has caused complaint and we consider that complaint to be serious and justified. No refunds will be provided.
We will automatically remove you from the register after your membership has expired, unless you choose to renew your membership and pay the further applicable fees.
Signing and submitting the application form, for processing, authorises us to disclose your chosen methods of contact to other members and wali as part of your member profile.
We reserve the right to modify the services without giving any prior notice.
In the event that you receive via the Site an e-mail or other communication from another member which you consider to be either defamatory, abusive, obscene, profane, threatening, harassing, racially offensive or illegal, or which you consider in any other way infringes the rights of you or another (in all cases an ‘Offensive Message’), you should (1) print off and retain a hard copy and (2) save in electronic format a copy of each such Offensive Message. Being able to produce a copy of the Offensive Message is likely to be necessary if you wish to take further action in respect of such Offensive Message either by way of complaint to us, the Police or any other regulatory body. For the avoidance of doubt we confirm that all correspondence are emailed to third party and wali. We repeat that no liability can attach to us as a result of your receipt of the type of communication referred to in this Paragraph.
We do not accept any liability for your conduct or behaviour after an introduction has been made nor for any information being forwarded on to a third party. In no event shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers have been advised of the possibility of such loss or damage. Your statutory rights in relation to any goods or services purchased through the Site are not affected.
Opinions, advice, statements, offers, or other information or content made available through our service are those of their respective authors and not ours, and should not be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopt nor endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on our service, or transmitted to our members.
IMPORTANT – PLEASE READ: It is possible that other customers or users (including unauthorised users, or ‘hackers’) may post or transmit offensive or obscene materials on the site and which you may be involuntarily exposed to such offensive and obscene materials. We are not responsible for the use of any personal information which you may choose to disclose, or as a result of using, our services. Please carefully select the type of information which you post on the site or release to other customers.
You will defend, indemnify, and hold harmless our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including legal costs) relating to or arising out of your use of our service, including any breach by you of the terms of this agreement.
From time to time, we will provide other companies your details so that you may receive other offers and information which may be of interest to you. If you would rather your details are not passed on then please confirm this in writing to us. Please note that information you provide may also pass to countries outside Europe (except for the normal routing requirements of the internet). Please confirm in writing if you do not want your details passed to countries outside Europe, except in accordance with the eighth Data Protection Principle as set out in the Data Protection Act 1998.
This agreement shall continue for successive fixed periods of 12 months unless either you or ourselves has given the other not less than 28 days’ prior written notice of termination to take effect at the end of any such fixed period.
We may terminate this agreement forthwith if you breach any term of this agreement and (if capable of remedy) has not been remedied within days of being notified of the breach by us.
Any rights accrued prior to termination of this agreement shall survive its termination including your obligation to make payment in accordance with clause 3.b.
Rights Granted/ Rights Reserved
The content of the Site is for your personal use only and you may download the Content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish commercially exploit or create derivative works from the Content.
You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in or to the Site at any time.
We accept no liability for any temporary or even permanent unavailability of the Site arising from events of any kind or circumstances which are outside our control even though we shall use all reasonable endeavours to minimise or mitigate the effects of any such force majeure but this will not release you by reason of such force majeure from any obligation to indemnify or make any payment due under these Terms and Conditions.
We will perform our services with reasonable care and skill. No representation or warranty is given that the services will be uninterrupted or error free or that all errors or defects can be corrected or remedied.
We will not be responsible for any loss or damage sustained or incurred by any third party (including without limitation, any loss of use of any software or equipment, or loss of or spoiling of any data) resulting from any defect, deficiency or error in any equipment or software or any associated documentation, or for any failure or interruption of any telecommunications facilities or network systems which is beyond our control.
Links (including JainBirds.com features and news)
This Site may contain hyperlinks to other web sites. The products and services offered by us are sometimes through third party companies. These third party companies will provide additional products and services for and on our behalf. By using any of these third party companies, you are agreeing to be bound by, and comply with, their terms and conditions or terms of service. These third party companies are not parts of or associates of our Company and under no circumstances shall we be liable for any losses or damages caused by a third party company. Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through a recommended third party company. If you accept any products or services offered by a third party company, then all communication must be between you and the third party company. We will not be responsible or liable for any communication or misrepresentation of the third party company. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties. Any dissatisfaction or violation of terms and conditions by either party should write an official letter to us stating all facts and instances.
Intellectual Property and Use of Software
You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensors. Your use of any software that is made available to download from the Site or via any hyperlink contained on the Site (‘Software’) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (‘Licence Agreement’). You may not install, copy or use any Software which is accompanied by or includes a Licence Agreement unless you first agree to the terms of such Licence Agreement. All title, copyrights and other intellectual property subsisting in this site or in any artwork connected with the site belong to us and will remain our property at all times.
You represent and warrant to us that the information posted including your photograph are posted by you and that you are the exclusive author and the exclusive owner of your photographs. You assign to us, with full title guarantee,
Your profile and your photographs posted, at any time, in connection with the site absolutely any and all moral rights to be identified as the author of your profile and ownership of photograph and any similar rights in any jurisdiction in the world. In addition other names or copyrighted information, which has copyright protection, whether or not it is identified except for that information which is in the public domain or for which you have been given written permission by the owner of such information, you will not copy, modify, publish, distribute, perform, display or sell any such proprietary information.
Personal Information Policy
Notices shall be given to the relevant party at the addresses given by you, or at such address as is notified to the other for this purpose.
We will never share your private information that can identify you personally with our third party partners. Nevertheless, your public profile information which is viewable to all members on our website maybe occassionally shared on third party platforms by us. Please note we will never share any private information about you that can personally identify you.
The aggregate liability of us to you in respect of any breach of any terms of this agreement by us shall, in any event, be limited to the amount of the fee paid by you.
All prices are quoted in Rupee unless otherwise stated. We reserve the right to change any advertised price at any time.
This agreement constitutes the entire agreement between the parties in respect of Advertisements and can only be varied in writing and signed by both of us.
We may assign the benefit (subject to the burden) of this agreement to any purchasers of our business.
Our website is used at your own risk. We accept no liability for any loss or damage to your hardware and/or software resulting from your access and/or use of the website.
Your statutory rights are not affected at all by these terms and conditions.
This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute will be dealt with in the Indian Courts courts.
Each party confirms that, save as expressly set out in this agreement, no term of this agreement is enforceable under the Contracts (Rights of Third Parties)
Act 1999 by any third party who but for that Act would not have been entitled to enforce such terms.
JainBirds © 2014.
All right reservedCopyright Notice
All material on this website is copyright. You may only use it in the ways authorised by the copyright owner. All site design, text, graphics, user interfaces, software and their selection and arrangements are ©2014 Jainbirds
ALL RIGHTS RESERVED
Any use of materials on this website without prior written permission of JainBirds.com is strictly prohibited.
JainBirds © 2014. All right reserved