These legal terms and conditions shall form a binding contract between the Client named on the formal contract letter and Rateviewer Technologies Pvt. Ltd. and shall constitute the entire agreement between the Client and Rateviewer Technologies Pvt. Ltd.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.babusiya.com (the "Website"), babusiya.com ("Business Name") offer of products/services for purchase on this Website, or your purchase of products/servicesavailableon this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. babusiya.com reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. babusiya.com will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. babusiya.com encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with babusiya.com for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
PLEASE READ THESE TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES OR BY USING ANY OF THE SOFTWARE PRODUCTS DEVELOPED BY THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Content
Intellectual Property; Third Party Links. In addition to making Products/Services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. babusiya.com does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that babusiya.com does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. babusiya.com does not endorse the contents on any such third-party websites. babusiya.com is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website
babusiya.com is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from babusiya.com or the applicable third party (if third party content is at issue).
Posting
By posting, storing, or transmitting any content on the Website, you hereby grant babusiya.com a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. babusiya.com does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. babusiya.com is not liable for any damage or harm resulting from any posts by or interactions between users. babusiya.com reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content babusiya.com deems objectionable, in babusiya.com 's sole discretion.
Liability for Third Party Fees
In the event that the Works includeSocial Media Advertising, Pay Per Click, or other search engine placementservices which require payments to third parties and are agreed with the Client prior to theirimplementation, the Client shall provide Rateviewer Technologies Pvt. Ltd.with funds on account forany out-of-pocket expenses incurred by it in supplying the same.
In addition, the Clientshall be liable of payment during the promotion/advertising on different Social Media Advertising Account, AdWords and/or other Pay Per Click accountsand shall be liable for any fees due to third parties for those accounts during the Engagement.
Confidentiality
Liability
Rateviewer Technologies Pvt. Ltd.does not guarantee any specific result on any search engine, nor any increased level of traffic or sales as a result of the Search Engine Optimisation and/orLink Building and/or Pay Per Click campaign or social media paid campaigns. Site rankings change frequently as a result of regularchanges in the algorithms used by search engines to rank sites, and other factors. The Client agreesthat the work done by Rateviewer Technologies Pvt. Ltd.is in real time and will be affected by these and other factors.
The Client recognises that material put up on the web is not in practise always within the control of the author after initial dissemination and that Rateviewer Technologies Pvt. Ltd cannot be responsible for material, once released, residing on third party sites. Rateviewer Technologies Pvt. Ltd. shall not be liable for any indirect, consequential losses or special losses and shallnot be liable for any loss of turnover, sales, revenue or profits or for the loss of software or data. Inaddition,Rateviewer Technologies Pvt. Ltd.shall not be liable for:
Content
Intellectual Property; Third Party Links. In addition to making Products/Services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. babusiya.com does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that babusiya.com does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. babusiya.com does not endorse the contents on any such third-party websites. babusiya.com is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website
babusiya.com is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from babusiya.com or the applicable third party (if third party content is at issue).
Posting
By posting, storing, or transmitting any content on the Website, you hereby grant babusiya.com a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. babusiya.com does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. babusiya.com is not liable for any damage or harm resulting from any posts by or interactions between users. babusiya.com reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content babusiya.com deems objectionable, in babusiya.com 's sole discretion.
Your use of this website and/or products are at your sole risk. the website and products are offered on an "as is" and "as available" basis. babusiya.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. ("products" include trial products.)
without limiting the generality of the foregoing, babusiya.com makes no warranty:
that the information provided on this website is accurate, reliable, complete, or timely;
that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein;
as to the results that may be obtained from the use of the products or that defects in products will be corrected;
regarding any products purchased or obtained through the website;
some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
babusiya.com entire liability, and your exclusive remedy, in law, in equity, or othwerwise, with respect to the website content and products/services and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
babusiya.com will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting fromthe use or the inability to use the website content or products;
the cost of procuring substitute products or content;
any products purchased or obtained or transactions entered into through the website; orany lost profits you allege;
some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless babusiya.com, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to babusiya.com. When babusiya.com is threatened with suit or sued by a third party, babusiya.com may seek written assurances from you concerning your promise to indemnify babusiya.com; your failure to provide such assurances may be considered by babusiya.com to be a material breach of this Agreement. babusiya.com will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of babusiya.com choice at its expense. babusiya.com will reasonably cooperate in any Défense by you of a third-party claim at your request and expense. You will have sole responsibility to defend babusiya.com against any claim, but you must receive babusiya.com prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
babusiya.com believes strongly in protecting user privacy and providing you with notice of babusiya's use of data. Please refer to babusiya.com privacy policy, incorporated by reference herein, that is posted on the Website.
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure
babusiya.com will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation
babusiya.com may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and babusiya.com and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver
The failure of babusiya.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law Jurisdiction
This Website originates from the, New Delhi , Delhi , This Agreement will be governed by the laws of the State of Delhi without regard to its conflict of law principles to the contrary. Neither you nor babusiya.com will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Delhi By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of className Action Rights
by entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a className action or similar procedural device. any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination
babusiya.com reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and babusiya.com may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, babusiya.com reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until babusiya.com chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use
babusiya.com makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment
You may not assign your rights and obligations under this Agreement to anyone. babusiya.com may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
By using this website or ordering products/services from this website you agree to be bound by all of the terms and conditions of this agreement.
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