- Eligibility to Use the Services
The membership of the website is free of cost. However we reserve the right to change the membership policy and charges may be rendered. Such change will be posted on the website and you will be intimidated of the same. In such case you may wish not to continue with the services thereafter. Such charges are applicable as soon as it appears on the site.
- Third Party information
Our web site is a platform for informational purpose. The text, graphics, photographs and any other content provided by our business partners is a third party user generated content and we have no control over such content as we just work as an intermediary to collate such information from various sources and put in one platform for the purpose of making the process easier for both, our partners and members. We are in no way responsible for any falsification of information posted or claimed in the third party content.
- User Obligations
All our users have to follow certain guidelines while using the web site. You shall under no circumstance cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Web site. Any part of the content appearing or posted in the web site can never be reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. Further the content that you post will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. Hence we shall be entitled to use the content or its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use.
You understand that you remain solely responsible for the content of the materials you post on the web site and in your private messages. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Web site. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. You also undertake not to engage in advertising, or solicitation of, other users of the web site to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the web site or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Web site. You should keep in mind that you may encounter content from other users which you might be deemed offensive or objectionable by you. You may report such objectionable content to us by writing email to us at firstname.lastname@example.org.
- Disclaimer of warranties and Liabilities
You acknowledge and agree that the services are provided "as is" and "as available" and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, bestwish, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. To the fullest extent permitted by applicable law, the bestwish or its licensors make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services' content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The bestwish or its licensors will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from estwish (or its licensors) or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by bestwish, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content. We and our affiliates are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property. Bestwish contains facts, views, opinions, statements and recommendations of third party individuals and organizations. We do not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed in any manner. Any reliance upon any such opinion, advice, statement or information is at your risk and we shall not be held liable in any way. In no event shall we or our affiliates, employees, agents, content providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. In no event shall we or our affiliates, employees, agents, content providers or licensors be liable for any amount for direct damages.
- Indemnification and Limitation of Liability
Limitation of Liability
- Third party information
The Web site hosts information provided by third party. We are in no way responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We are an online guide that acts as an intermediary to provide information. You agree to not hold us liable for the falsification of any such provided information. Your dealings or communications through the Web site with any party are solely between you and that third party. Under no circumstances will we be liable for any good, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
During your visit to the Web site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. We are not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by us and that you shall not disclose such information without our prior written consent.
You agree to protect our proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Bestwish (or Bestwish's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by us and that you shall not disclose such information without our prior written consent. Unless you have agreed otherwise in writing with Bestwish, nothing in the Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Bestwish; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Beswish’s content in whole or in part except as expressly authorized by Bestwish.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by writing to us at email@example.com.
- Complaints Related to Copyright
In any case if you feel that any content published in our web site by us, our users or a third party partner has been copied from an original content of yours or any other source known to you, please write to and inform us about the same at firstname.lastname@example.org. By providing information to, communicating with, and/or placing material on, the Web site, including for example communication during any registration, communication on the bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (i) You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;(ii) All information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (iii) The content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Web site that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, 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 share the information across all our affiliated Web sites, to include the information in a searchable format accessible by users of the Web site and other affiliated Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication 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 we do not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
- Compliance with the Laws
All our users including buyers and sellers warranty that they shall comply with all laws and rules applicable in the country of India and will not make any violation to that. In case of any known or unknown violation of the laws and regulations of the country, all our users understand that they would be soley responsible for such offences. We make no representation that materials or Content available through our Web site is appropriate or available for use outside INDIA and access to them from territories where their contents are illegal is prohibited. You may not use the Web Site or export the Content in violation of INDIAN export laws and regulations. If you access the Web site from a location outside INDIA, you are responsible for compliance with all applicable laws.
You must commence any legal dispute with us within two months from the time the alleged harm occurs. Failure to initiate action within that period shall mean your refrain from any claims or action regarding the same issue or occurrence forever. You hereby agree that any cause of action you may have with respect to Bestwish must be filed in the courts of the state of Karnatak within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
The website is a platform for users and vendors to meet and interact for their transactions. We are not a party to such interaction and take no liability that arises from any such communication. The content on the web site is general in nature, and is provided for informational purposes only. Bestwish reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Your continued use of the Web site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Bestwish or any of their assets.