1.4 Suvidhaa shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India.
3. Eligibility to Use
3.1 Use of the Website and associated Applications is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website and associated Applications. If you are a minor i.e. under the age of 18 years, you shall not register as a User of Suvidhaa Website and associated Applications and shall not transact on or use the Website and associated Applications. As a minor if you wish to use or transact on Website and associated Applications, such use or transaction may be made by your legal guardian or parents on the Website and associated Applications. Suvidhaa reserves the right to terminate your membership and / or refuse to provide you with access to the Website and associated Applications if it is brought to Suvidhaa’s notice or if it is discovered that you are under the age of 18 years.
3.2 Suvidhaa reserves the right to refuse access to use the Services offered at the Website and associated Applications to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account on the Website and associated Applications. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
4. User Account, Password, and Security
4.2 The Website and associated Applications requires You to register as a User by creating an Account in order to avail of the Services provided by the Website and associated Applications. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Suvidhaa of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Suvidhaa cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Suvidhaa or any other user of or visitor to the Website and associated Applications due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3 The Website and associated Applications also allows restricted benefits and access to the Services for unregistered Users.
4.4 You shall ensure that the Account Information provided by You in the Website and associated Applications's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Suvidhaa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Suvidhaa has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website and associated Applications (or any portion thereof).
5. Payment Information
5.1 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website and associated Applications. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Suvidhaa expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
5.2 Suvidhaa shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Suvidhaa with our acquiring bank from time to time.
6. User Obligations
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product/service catalogues) that You access on the Website and associated Applications in accordance with Section 7.
6.4 You agree not to access (or attempt to access) the Website and associated Applications and the materials or Services by any means other than through the interface that is provided by Suvidhaa. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and associated Applications or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website and associated Applications, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and associated Applications.
6.5 You acknowledge and agree that by accessing or using the Website and associated Applications or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Suvidhaa disclaims all liabilities arising in relation to such offensive content on the Website and associated Applications. Further, You may report such offensive content in the manner prescribed under Section 16 herein.
6.6 If Website and associated Applications allows You to post and upload any material on the Website and associated Applications, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a. Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
d. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
e. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website and associated Applications or another's computer;
f. Engage in any activity that interferes with or disrupts access to the Website and associated Applications or the Services (or the servers and networks which are connected to the Website and associated Applications);
g. Attempt to gain unauthorized access to any portion or feature of the Website and associated Applications, any other systems or networks connected to the Website and associated Applications, to any Suvidhaa server, or to any of the Services offered on or through the Website and associated Applications, by hacking, password mining or any other illegitimate means;
h. Probe, scan or test the vulnerability of the Website and associated Applications or any network connected to the Website and associated Applications, nor breach the security or authentication measures on the Website and associated Applications or any network connected to the Website and associated Applications. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website and associated Applications, or any other customer of Suvidhaa, including any Suvidhaa Account not owned by You, to its source, or exploit the Website and associated Applications or Service or information made available or offered by or through the Website and associated Applications, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website and associated Applications;
i. Disrupt or interfere with the security of, or otherwise cause harm to, the Website and associated Applications, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website and associated Applicationss or any affiliated or linked sites;
j. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k. Use any device or software to interfere or attempt to interfere with the proper working of the Website and associated Applications or any transaction being conducted on the Website and associated Applications, or with any other person's use of the Website and associated Applications;
m. Conduct or forward surveys, contests, pyramid schemes or chain letters;
n. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
o. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
p. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
q. Violate any applicable laws or regulations for the time being in force within or outside India;
s. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and associated Applications.
6.8 You agree and acknowledge that Suvidhaa is not the seller of the products and the services and Suvidhaa shall in no manner be deemed to be the seller of the products or services on this Website and associated Applications. Suvidhaa is only facilitating purchase of the products or services by You from the Service Provider/vendor by providing the Services to You. Hence, if there is any defect/deficiency in the product/services of any nature whatsoever, then You are advised to contact the respective Service Provider directly.
6.9 You agree that Suvidhaa may, at any time, modify or discontinue all or part of the Website and associated Applications, charge, modify or waive fees required to use the Website and associated Applications, or offer opportunities to some or all Website and associated Applications Users.
7. Use of Services/Material
7.1 Except as expressly indicated to the contrary in any applicable Additional Terms, Suvidhaa hereby grants You a non-exclusive, freely revocable (upon notice from Suvidhaa), non-transferable access to view, and avail various services or any other materials available on the Website and associated Applications, subject to the following conditions:
b. You may not modify or alter Services list/s or any other materials available on the Website and associated Applications;
c. You may not distribute or sell, rent, lease, license or otherwise make the Service list/s catalogues or any other materials available on the Website and associated Applications available to others; and
d. You may not remove any text, copyright or other proprietary notices contained in the Service list/s catalogues or any other materials available on the Website and associated Applications.
7.2 The rights granted to You in the Services catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website and associated Applications. Such elements of the Website and associated Applications are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Services catalogues or any other materials available on the Website and associated Applications cannot be copied or retransmitted unless expressly permitted by Suvidhaa.
7.4 Any purchase of the merchandise or Services from the Website and associated Applications will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
8. Usage Conduct
8.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website and associated Applications.
8.2 You are also under an obligation to use this Website and associated Applications for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website and associated Applications.
8.3 You shall use this Website and associated Applications for personal, non-commercial use only and shall not re-sell the same to any other person.
8.4 Suvidhaa shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Suvidhaa with our acquiring bank from time to time.
9. Intellectual Property Rights
9.1 The Website and associated Applications and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website and associated Applications is owned and controlled by Suvidhaa and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2 The trademarks, logos and service marks displayed on the Website and associated Applications ("Marks") are the property of Suvidhaa or their Service Providers/vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Suvidhaa, the Service Provider/vendor or the third party that may own the Marks.
9.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Suvidhaa Infoserve owns all intellectual property rights to and into the trademark "Suvidhaa", and the Website and associated Applications, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Suvidhaa or thirty party owner of such Content.
10. Third Party Content
The Website and associated Applications makes available general third party information such as, product/Service catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products/services and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Suvidhaa. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Suvidhaa does not provide any guarantee with respect to any the Third Party Content and Suvidhaa shall not be held responsible and/or liable for any loss suffered by You of any nature whatsoever and howsoever, based on Your reliance on or use of such data.
11. Disclaimer Of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUVIDHAA WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SUVIDHAA ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
11.3 SUVIDHAA WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE Website and associated Applications OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SUVIDHAA HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE Website and associated Applications IS CORRECT, BUT SUVIDHAA NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. SUVIDHAA SHALL NOT BE RESPONSIBLE AND/OR LIABLE FOR THE DELAY OR INABILITY TO USE THE Website and associated Applications OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE Website and associated Applications, OR OTHERWISE ARISING OUT OF THE USE OF THE Website and associated Applications, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, SUVIDHAA SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE Website and associated Applications DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE Website and associated Applications THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND SUVIDHAA'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE Website and associated Applications IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SUVIDHAA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR. SUVIDHAA ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
11.4 THIS SITE MAY CONTAIN ADVICE, OPINIONS AND STATEMENTS OF VARIOUS INFORMATION PROVIDERS AND CONTENT PROVIDERS. THE SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION PROVIDED BY ANY INFORMATION PROVIDER OR CONTENT PROVIDER, OR ANY USER OF THIS "SITE" OR ANY OTHER ENTITY. RELIANCE UPON ANY SUCH OPINION, STATEMENT OR OTHER INFORMATION SHALL ALSO BE AT THE "USER'S" OWN RISK. NEITHER THE SITE NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES, INFORMATION PROVIDERS, OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, TIMELINESS, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER -VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR ANY USE OF CONTENT HEREIN, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THERE FROM.
11.5 DISCLAIMER OF WARRANTY
THE BILL/POLICY/INVOICE DETAILS/COPIES PRESENTED THROUGH THE SUVIDHAA FACILITY ARE PROVIDED BY THE RESPECTIVE PAYEE/BILLERS. SUVIDHAA IS ONLY A FACILITATOR PROVIDING THE FACILITY AND IS NOT THE CREATOR OR PUBLISHER, OF THE DATA CONTAINED IN THE BILLS. ANY OPINIONS, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE IN THE DATA, ARE THOSE OF THE RESPECTIVE VENDORS/CONSULTANTS/SERVICE PROVIDER/ AUTHOR(S) OR DISTRIBUTOR(S) AND SUVIDHAA DOES NOT GUARANTEE THE CORRECTNESS OR GENUINENESS OF THE DATA.
11.6 USE OF INFORMATION AND MATERIALS
THE INFORMATION AND MATERIALS CONTAINED IN THESE PAGES - AND THE TERMS, CONDITIONS, AND DESCRIPTIONS THAT APPEAR - ARE SUBJECT TO CHANGE. NOT ALL PRODUCTS AND SERVICES ARE AVAILABLE IN ALL GEOGRAPHIC AREAS. ELIGIBILITY OF THE CUSTOMER FOR PARTICULAR PRODUCTS AND SERVICES IS SUBJECT TO FINAL SUVIDHAA INFOSERVE PRIVATE LIMITED’S DETERMINATION AND ACCEPTANCE.
11.7 SUVIDHAA SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR Website and associated Applications WITH RESPECT TO THE THIRD PARTY Website and associated Applications OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
12. Indemnification and Limitation of Liability
12.3 In no event shall Suvidhaa, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Suvidhaa has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website and associated Applications, Services or materials.
12.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13.2 You agree that Suvidhaa may, in its sole discretion, and without prior notice, terminate Your access to the Website and associated Applications, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website and associated Applications or any service offered on or through the Website and associated Applications; or (4) unexpected technical issues or problems.
b. Suvidhaa is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
c. The provision of the Services to You by Suvidhaa is, in Suvidhaa's opinion, no longer commercially viable;
d. Suvidhaa has elected to discontinue, with or without reason, access to the Website and associated Applications, the Services (or any part thereof); or
14.3 Suvidhaa may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms (if any) applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website and associated Applications or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
14.4 You agree that all terminations shall be made in Suvidhaa's sole discretion and that Suvidhaa shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and associated Applications and Services.
14.6 If You or Suvidhaa terminates Your use of the Website and associated Applications, Suvidhaa may delete any content or other materials relating to Your use of the Website and associated Applications and Suvidhaa will have no liability to You or any third party for doing so.
15. Governing Law
16. Report Abuse
18.1 You hereby expressly agree to receive communications by way of SMS, e-mails from Suvidhaa relating to Services provided through the Website and associated Applications.
18.2 A User can unsubscribe/ opt-out from receiving promotional communications from Suvidhaa through SMS and e-mail anytime by:
a. Visiting http://www.suvidhaa.com/smsunsubscribe to unsubscribe from messages/ SMS; and
b. Newsletters sent daily at the registered email address. -by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
19. General Provisions:
20. Feedback and Information
Any feedback You provide to this Website and associated Applications shall be deemed to be non-confidential. Suvidhaa shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Suvidhaa is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Suvidhaa may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Suvidhaa for the feedback under any circumstances.