ACCESS TO THE SERVICES
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. You will not use the Services to sell any of the below restricted list of items and activities. 1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media, escort or prostitution services 2) Alcohol which includes Alcohol or alcoholic beverages such as beer,liquor, wine, or champagne 3) Body parts which includes organs or other body parts 4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam) 5) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free 6) Child pornography which includes pornographic materials involving minors 7) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection 8) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials 9) Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software 10) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods 11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms 12) Drug test circumvention aids which includes drug cleansing shakes,urine test additives, and related items 13) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction 14) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content 15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles 16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property 17) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts 18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes 19) Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred. 20) Offensive goods, crime scene photos or items, such as personal belongings, associated with criminals 21) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner 22) Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic,flammable, and radioactive materials and substances 23) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications 24) Securities which includes stocks, bonds, or related financial products 25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products 26) Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products 27) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments 28) Wholesale currency which includes discounted currencies or currency exchanges 29) Live animals 30) Multi Level Marketing collection fees 31) Matrix sites or sites using a matrix scheme approach 32) Work-at-home information 33) Drop-shipped merchandise 34) Overseas foreign exchange trading 35) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of US 36) Remote Access Technical Support 37) Web Hosting 38) Financial Consultants 39) Resume writing and Recruitment services 40) Fortune tellers/Astrology 41) Credit repair or protection or restoration 42) Dating/Matrimonial services 43) Charities/Donations 44) Auction houses 45) Real Estate agents/brokers Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You understand and agree that Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. The Company shall not be responsible for the Services provided by its subcontractors (including but not limited to, social network service provider), whether such services are interrupted for any reason, whatsoever, or are of poor quality or are inaccessible to or by the users otherwise. The Company further makes no representation or warranty that the Services will be free of bugs, viruses, trojan horses or other codes that might contaminate of destroy Information. Under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control; including, without limitation, internet failures, computer equipment failures, Payment Processor failure, telecommunication equipment failures, and any other other equipment failures; electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of, or fluctuations in heat, light, or air conditioning.
REGISTRATION AND SECURITY
As a condition to using some aspects of the Services, you may be required to register with Company and select a password and user name ("Company User ID"). If you are accessing the Services through a third party site or service including any social networking website (such as "Facebook Or Google Connect/Sign In"), Company may require that your Company User ID be the same as your user name for such third party site or service. You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. You are responsible for all activity on your account, whether or not you authorized it. If you access the Service through a third party site or service, you will provide your third party account credentials to Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
COMPLIANCE WITH LAW
This Service is governed by per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 (as amended and supplemented from time to time) and is also subject to directions / instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc. Company will not be responsible or liable for any violation by you of applicable law, regulation, or guideline. You hereby declare that your name does not, at anytime, appear in the consolidated list of terrorist Individuals/ organizations as circulated by the RBI from time to time.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
To the fullest extent allowed by the applicable law, in no event shall the Company and it's suppliers or respective officers, directors, employees, or agents be liable with respect to the website or the services or the subject matter of this agreement under any contract. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly incidental or consequential damages out of the decline of authorization for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
FEES AND PAYMENT
Company reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase and sale of Paid Content. You shall pay all fees, as described on the Website in connection with such Services selected by you. Company does not charge anything if the collected money is redeemed by the group (Contree Group)organizer for personal purposes in the form of a voucher or a mobile wallet or in a bank account, as long as the total amount is less than Rs. 20000. In cases when the amount is more than 20000 INR, the charge becomes 1% of the total value just for the cases of bank transfers. It does not charge anything in case the collected money is redeemed online on any of the partner commerce merchants of Letscontree or into one of the mobile wallets of the user. Company reserves the right to modify the commission amount from time to time. The Seller shall bear and be responsible for any applicable national, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes) relating to the subject matter hereunder, excluding taxes based upon Letscontree's net income; if there is any withholding required, the Campaigner will pay any amount specified on the Website without reduction for the withholding amount and will also pay the withholding amount to the applicable authorities. Payments shall be paid out by Company subject to a minimum account balance of INR 200 accumulated in the organizer's account and provided that the organizer has mentioned his account details on the â€˜Transfer to Bank' page. The maximum cashout/redemption that can be paid by one person per month is INR 50000. Company reserves the right to change pricing and payment policies and to institute new charges at any time, upon notice to seller, which may be sent by email or posted on the Website. It also releases promotional codes/coupons that can be used on the payment page (but with minimum 2 people in the group).
REFUNDS, DISPUTES AND CHARGEBACKS
Any user may submit a claim for a refund by emailing email@example.com and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by Company in its sole discretion. Refund requests can be submitted simply by the 'Organizer' by clicking on 'Cancel Group' on his/her tracker page. In case, a group is cancelled, the money is refunded by the Company automatically and it reaches the members' (who had paid in the group) accounts within a span of 7-10 days. For the mobile wallet holders, the refunds get reflected by the next working day.
INTERACTION WITH THIRD PARTIES
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent and any such attempted assignment shall be void. Company may transfer, assign or delegate this Agreement and its rights and obligations to any third party, without providing any notice. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You and Company agree there are no third party beneficiaries intended under this Agreement.
ARBITRATION; GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the National Capital Territory - Delhi of India without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Delhi, India in accordance with the regulations of the Court of Arbitration of the International Chamber of Commerce ("ICC") by one or more arbitrator(s) appointed in accordance with those regulations. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Delhi, India.
COPYRIGHT DISPUTE POLICY
Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Company's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. A. Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, email address; 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Company's policy: 1. to remove or disable access to the infringing material; 2. to notify the content provider, member or user that it has removed or disabled access to the material; and 3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider's, member's or user's access to the Services. C. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of the content provider, member or user; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and 4. Content provider's, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or, if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion. Please contact Company's Designated Agent to Receive Notification of Claimed Infringement at the following address: firstname.lastname@example.org.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at Regd. Office : 12/4 , Nangloi , New Delhi -110041 or email@example.com. Last updated: June 6, 2016.