- You approve of and accept this Agreement by:
- By creating, accessing or otherwise using your CompareIndia account and by accessing services provided by CompareIndia (hereinafter together called “CompareIndia Services”; or
- Accessing or using the Website or any of the content available within the Website from any device.
- You can accept this Agreement only if:
- You are of the legal age, mental ability sound and are eligible to form a valid and binding contract with CompareIndia as a consequence of Your use of the Website; and/or
- You are not legally barred from using the Website.
To use the Service you may be required to register and create an account with a username and a password. You may need to provide us with certain personal and other information. CompareIndia may verify your email address and or mobile number before your account can be used. However, such verification shall not be deemed to be an authentication or validation of the information provided by you.
You agree to provide truthful, complete and correct information when you register for the Service and you are required to keep such information updated from time to time. You must take due care to protect your username and password against misuse by others and promptly notify CompareIndia about any misuse that may occur. You are personally responsible for any use of the Service.
SHARING USER DETAILS
You agree that in the event we receive a summons issued by a court or from a law enforcement or government agency, we shall comply with such summons without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
USAGE OF CONTENT
We strongly advise you to check whether the content displayed in the Website that you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’, before downloading or accessing the same. It is hereby clarified that CompareIndia shall not be responsible for any claims regarding offense caused or suffered by you accessing such content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CompareIndia with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless CompareIndia, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
The availability of Content and the Service may vary and is subject to CompareIndia’s sole discretion. CompareIndia may, at its sole discretion, change, correct or discontinue the Service in whole or in part. CompareIndia may, at its sole discretion and without any prior notice, disable any Content or software contained in your Service account for any reason and remove any Content or software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties. CompareIndia expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
- You agree to use the content only for your personal, non-commercial purposes;
- To use the content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the content;
- Not use the Website or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement;
- Not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees;
- Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the content;
- Not to give out your password or otherwise allow other people to access the content;
- No part of the content displayed in and through the Website may be reproduced or transmitted to or stored in any other web site or app, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission from CompareIndia;
- Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the content available unless otherwise authorized in the applicable terms and to advise CompareIndia promptly of any such unauthorized use;
- Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the content or any other technologies used to control the access to or use of the content or its identifying information;
- Not to attempt or engage, directly or indirectly, in any activity that may in any manner whatsoever collect the content herein and/or collect information about users of the Website for any illegal or unlawful or unauthorized purpose;
- You will not create any user accounts by false means for using the Website and/or transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature either on or through the Website;
- You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from the Website;
- Not circumvent or disable any digital rights management, usage rules, or other security features of the Website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website; and not use the Website in a manner that threatens the integrity, performance, or availability of the Website;
- Use the Website in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Website , or interfere with any other third party's use and enjoyment of the Website; or
- Carry out any denial of service or any other harmful attacks on the Website or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Website or any part of the Website or any user of the Website;
Additionally, You shall not use any "deep-link", "page-scrape", "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 or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
RESTRICTED USE OF CONTENT
You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon. You may not distribute any part of this Website or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
We are concerned about the integrity of the Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of the Website. Neither you nor any third party shall make use of the contents of our Website in any manner that constitutes an infringement of our rights, including copyright.
CompareIndia grants you permission to only access and use the Website in accordance with these Terms and Conditions. You agree not to, save and except as provided or unless specifically permitted in the manner set out herein, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on the Website / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Website / Service either directly or indirectly, except with the express consent of CompareIndia, or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Website.
CompareIndia forbids you from any attempts to resell or put to commercial use any part of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Website / Service; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Website , or any data gathering or extraction tools; or any use of meta tags.
No part of the Website may be reproduced or transmitted to or stored in any other web site/medium, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission of CompareIndia.
USER-GENERATED CONTENT: COMMENTS AND OTHER SUBMISSIONS
The interactive areas of the Website are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the Website. We reserve the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
By placing material on, or communicating with, the Website or other channels (e.g., posting a comment to a CompareIndia story; publishing a picture or video on a CompareIndia Facebook profile; participating in a CompareIndia Internet conversation by publishing a Tweet which incorporates a hashtag encouraged by or otherwise referencing CompareIndia; submitting content to CompareIndia via email in response to a request for submissions on the Website or other channels) you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that it will not cause injury to any person or entity. You grant Us and Our affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via the Website or other channels, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Us to include the information you provide in a searchable format that may be accessed by users of the Website, other CompareIndia websites owned or operated by CompareIndia, and other channels. You also grant Us and Our affiliates and related entities and other parties the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication, content, or materials you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that we do not accept unsolicited materials or ideas for use or publication. We are not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us.
NOT RESPONSIBLE FOR AND NOT NECESSARILY HOLD THE OPINIONS OF OUR CONTRIBUTORS / BLOGGERS / COMMENTERS, ETC.
Opinions and other statements expressed by users and third parties (e.g., bloggers/ video uploaders) are theirs alone, not opinions of CompareIndia. CompareIndia is not responsible for the accuracy and completeness of User Content, neither does it endorse nor guarantee the same, nor accept any obligation or liability for the same. CompareIndia and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor its site for inappropriate or unlawful content.
CompareIndia and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, CompareIndia reserves the right to block or remove communications, postings or materials at any time in its sole discretion.
THIRD PARTY SITES, CONTENT AND ADVERTISEMENT
We may include access to third party sites, services, contents, advertisements, etc. (“Third Party Content”). Some of the Third Party Content may enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. We urge you to review and agree to the terms and conditions of these sites or services before using these sites or services. We state that we have no liability in respect of such sites and services or their terms and conditions.
We state that we have no control over the Third Party Content and we assume no responsibility in respect the services provided or material or content created and/or published as part of such Third Party Content. A link to a third-party site or display of Third Party Content does not imply that we endorse the sites, content or the products or services referenced therein.
You or any person deriving through you may create content and links to content with the Service. We do not support the same and any inaction by us against you in this regard, does not imply that we endorse the same. We state that we are not responsible for the content or links so created.
The Third Party Content may be owned and/or controlled by the third party content provider and/or its respective licensors and may be protected by intellectual property laws. The third party content provider is solely responsible for any content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, CompareIndia reserves the right to enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. CompareIndia may, at its sole discretion, act as the agent for third party content providers in providing the Content to you. However, CompareIndia or any person deriving through us, is not a party to the transaction between you and the third party content provider for such Third Party Content.
Your use of the Website is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by your use of the Website through Your device.
All trademarks, brands and service marks of the Website are the property of CompareIndia only. CompareIndia owns all of the copyrights and database in relation to the Website.
The Website and any underlying technology or software used in connection with the Website may contain rights of CompareIndia or its affiliates or any third party. For use of any third party’s intellectual property, you may need to get permission directly from the owner of the intellectual property and you shall not delay the same.
Any intellectual property which is not specifically mentioned to be owned by CompareIndia is owned by their respective owners and the owners have a right to take appropriate actions against you for any violation, infringement or passing off.
CompareIndia respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by you.
LIMITATION OF LIABILITY
The Website include links and pointers to Internet sites, content and services provided by third parties. The Website’s linking to any third party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, CompareIndia does not operate or control in any respect any information, products or services that third parties may provide on or through the sites or on web sites linked to by the Website.
CompareIndia and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Website (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).
The Service is provided on “AS IS” and “AS AVAILABLE” basis. CompareIndia does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
CompareIndia is not liable for any direct damages caused by your use or inability to use the Service. In no case will CompareIndia be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
CompareIndia accepts no liability whatsoever for any Content displayed in the Website and / or content generated by its Users or for the activities of its Users. These cannot be attributed to CompareIndia, nor do they represent CompareIndia opinion.
You agree to indemnify and hold harmless CompareIndia and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors and content providers, fully from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder including in respect of content posted or information provided by you for CompareIndia’s use or information or material posted or transmitted through your password account even if not posted or transmitted by you. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification hereunder. In such event, you shall provide us with all such cooperation as is reasonably requested by us.
We shall make our best efforts to make the Website available to you in the best possible manner. However, we disclaim all warranties in relation to the Website, whether express or implied, including but not limited to:
- the Website being constantly available or available at all;
- the Website will always function without disruptions, delay or errors;
- Your personal ability to use the Website;
- Your satisfaction with the use of the Website;
- The accuracy of the data provided by the Website;
- The security and privacy of Your data;
- that all bugs or errors in relation to the Website will be corrected;
- that the Website will be compatible with all devices and all networks;
- that the Website is fit for a particular purpose or use; or
- that the Website and the contents thereof are accessible in every location.
CompareIndia, its officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the Website in connection with this Agreement will not be liable for any acts or omissions, including of a third party, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties, or for damages associated with the Website, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties that are interconnected with the Website.
YOUR AGREEMENT WITH COMPAREINDIA
A violation of this Agreement may result in a legal liability upon you and that nothing in this Agreement should be construed to confer any rights to any third party. You are responsible for your conduct and activities while using the Website, and for any consequences thereof.
If any provision of the Agreement is found to be unenforceable under the applicable law, it will not affect the enforceability of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
We may choose to not act with respect to a breach of this Agreement by You or others but this does not mean that we cannot act with respect to subsequent or similar breaches. Our intended or intended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
- Your access to the Website may be terminated if:
- You voluntarily stop accessing the Website;
- You do not pay the requisite fee, if any, should CompareIndia charge for use of the Website.
- At any time at our discretion, with or without prior notice.
- We may have to terminate your access to the Website if:
- We are required to do so by law (for example, where the access to and/or provision of the Website to You becomes, unlawful);
- The third party, if any, with whom We offered the Website to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
- The provision of the Website to You, is no longer commercially viable or feasible for Us; or
- You are a repeat infringer of this Agreement.
- At any time at our discretion, with or without prior notice.
We may terminate this Agreement at any time, with or without notice, without according a reason and may procure disabling your access to the Website and/or barring you from any future use of the Website.
You may terminate this Agreement at any time by terminating your access to the Website. However, your certain obligations under this Agreement shall continue to prevail even on such termination.
When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and CompareIndia have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
DISCLOSURES, VIOLATION AND TERMINATION
GOVERNING LAW AND DISPUTE RESOLUTION
The Website may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If you use the Website from any location other than India, then, you are responsible for compliance with the local laws applicable to you.
This Agreement shall be governed by and shall be construed in accordance with the laws of India.
All disputes relating to this Agreement shall be settled in the courts located at Mumbai, India.
CompareIndia may post notices within the Website or send you notices on the e-mail address or the telephone number that you may have shared with us. You will have received such notices within 3 (three) days of us sending the notice. Your continued use of the Website on expiry of such 3 (three) days shall constitute your receipt and acceptance of the notices sent to you.
Any personal information identifying any visitor to the Website or Subscriber ("Personal Information") if required, is asked for explicitly in the relevant page on the Website. Personal Information is used to operate the Website, and we may occasionally inform you of new features, services, and products from the company. We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the Website to relate your use of the Website to information that you have specifically and knowingly provided to the Website. If at any time you believe the Website has not adhered to these principles, please notify us by e-mail to firstname.lastname@example.org and we will use all commercially reasonable efforts to promptly determine and correct the problem. If you have questions about this policy, please e-mail us at email@example.com
FEEDBACK TO COMPAREINDIA
By submitting any ideas, feedback and/or proposals ("Feedback") to CompareIndia through the Website or other means, you agree and accept that: (1) your Feedback does not contain confidential or proprietary information of you or any third party; (2) CompareIndia may have ideas that are similar in nature to the Feedback; (3) CompareIndia is not bound by any obligation of confidentiality with respect to the Feedback and is free to use and share the same with third parties as well and you do not have any objection in this regard; (4) CompareIndia may freely use, distribute, exploit and further develop and modify Feedback for any purpose and you do not have any objection in this regard; and (5) you are not entitled to any compensation in any manner whatsoever from CompareIndia.
OUR WEBSITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS and INTERRUPTIONS.
WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE OR ANY INFORMATION ON OUR WEBSITE.
WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON OUR WEBSITEOR AVAILABLE THROUGH LINKS ON OUR WEBSITE.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE.
YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE WEBSITE IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL THE TERMS SPECIFIED IN THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE AGREEMENT SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD PARTY OR ANY OTHER PERSON.
CHANGES IN TERMS
Your continued use of the Service constitutes your consent to any changes and modification.
CompareIndia may modify the Terms at any time without prior notice.
You are responsible for and are accordingly advised to regularly review these Terms from time to time.
This Terms and Conditions of Use was last updated on May 2017.