TERMS AND CONDITIONS OF WEB SITE USE


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This page states the Terms and Conditions under which you (Visitor) may visit this Web site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. Windchimes Communications Pvt. Ltd. (hereinafter referred to as "Windchimes") reserves its rights to revise these Terms and Conditions at any time with or without notice. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Web Site.

USE OF CONTENT

All logos, brands, marks, headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by Windchimes and / or its associate entities who feature on this website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

No material may be distributed, downloaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcasted, circulated, or otherwise used without the express written permission of Windchimes and/or its associate entities.

LIMITED LICENSE

Windchimes hereby authorizes you to view and download the Materials available on this Web site, provided that:
(1) the Materials are used solely for personal and non-commercial purposes
(2) the Materials are not modified or redistributed; and
(3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Windchimes to any user of the Web site.

TRADEMARKS

The trademarks, trade names and service marks (the "Marks") displayed on this Web site are the property of Windchimes or its associate entities featuring on the web site. Users are not permitted to copy or otherwise use these Marks without the prior written consent of Windchimes or the associate entities featuring on the web site who may own the Mark.

SOFTWARE LICENSE

You acknowledge that any software available or provided to you on this website may contain technology that is subject to strict controls by various rules and regulations in India. You hereby agree that you will not transfer or export such software from India (including, for example, providing such software to any foreign person or entity in India) or re-export such software outside India in violation of Indian laws and regulations. Windchimes does not authorise the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by Indian laws and regulations.

ACCEPTABLE SITE USE

(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including but not limited to
(1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
(2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
(3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "trojan horse" to the Web site, overloading, "flooding", "mail bombing" or "crashing", or
(4) sending unsolicited electronic mail, including promotions and/or advertising of products or services.
Violations of system or network security may compel Windchimes to take recourse to civil or criminal proceedings as it may be advised. Windchimes will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material
(a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or
(c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

LINKS TO OR FROM OTHER WEB SITES

This Web site contains links to other Web Sites. Wherever such link/s lead to sites which do not belong to Windchimes it shall not be responsible for the content of linked sites and does not make any representations regarding the correctness or accuracy of the content on such Web Sites. If the visitor decides to access such linked Web Sites, the visitor does so at his own risk.

Similarly, this Web site can be made accessible through a link created by other Web sites. Access to this Web site through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other Web sites or their aim or purpose in establishing such link/s to this Web site are necessarily the same or similar to the idea, concept, aim or purpose of Windchimes' web site or that such links have been authorised by Windchimes.

Windchimes is not responsible for any representations of such other Web sites while affording such link and no liability can arise upon Windchimes consequent to such representation, in regards to its correctness or accuracy.

THIRD PARTY CONTENT

Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of Windchimes.

INDEMNITY

You agree to indemnify Windchimes its directors, employees and agents from and against any claims, actions or demands, including but not limited to reasonable legal and accounting fees resulting from your use of the Web site material or your breach of these terms and conditions of Web Site use.

LIABILITY

While all reasonable care has been taken in providing the content on this Web Site, Windchimes shall not be responsible or liable as to the completeness or correctness of such information and any or all consequential liabilities arising out of the use of any information or contents on this Web Site.

No warranty is given that the Web Site will operate error-free or that this Web Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Web site results in the need for servicing or replacing equipment or data, Windchimes shall not be responsible for those costs.

The web site is provided on an 'as is' basis without any warranties either express or implied whatsoever. Windchimes to the fullest extent permitted by law disclaims all warranties, including non-infringement of third parties rights, and the warranty of fitness for a particular purpose and makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall Windchimes or any parties, organisations or entities mentioned at this Web Site be liable for any damages whatsoever (including but not limited to incidental and consequential damages, loss of profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Web Site and the Web site material contained at any or all such sites (including but not limited to those caused by or resulting from a failure of performance, error; omission, linking to other Web sites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisations or entities were advised of the possibility of such damages.

Windchimes reiterates that it shall not be liable or responsible for any acts, omissions, or conduct of any user or third party.

INFORMATION PROVIDED BY YOU

It is Windchime's policy not to accept or consider ideas, suggestions or materials other than those that Windchimes has specifically requested from you. Accordingly, Windchimes does not want you to, and you should not, send any confidential or proprietary information to Windchimes through the Site unless specifically requested by Windchimes. Please note that any unsolicited information or material sent to Windchimes will be deemed not to be confidential or proprietary.

By submitting information and material to the Site, you automatically grant to Windchimes or warrant that the owner of such information and material has expressly granted to Windchimes a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Windchimes is free to use any ideas, concepts, know-how, or techniques that you send Windchimes for any purpose.

As further provided above, Windchimes does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Windchimes that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s).

You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

CHANGES

Windchimes reserves the right, in its sole discretion, to revise these Terms and Conditions at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Windchimes is under no obligation to update Materials.

Windchimes may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Windchimes makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

LINKING TO SITE

Anyone linking to Windchimes Site must comply with Windchimes guidelines for linking to Windchimes Site and all applicable laws.

INTERNATIONAL USERS

The Site is administered by Windchimes from its registered office at Mumbai, India. If you access the Site from a location outside India, you are responsible for compliance with all applicable laws.

SEVERABILITY

If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

GOVERNING LAW

This agreement is governed by the laws of the India, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction of Courts in Mumbai India, in respect of all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

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