1.General
In terms of Information Technology Act, 2000, this document is an
electronic record. Being generated by a computer system it does not
require any physical or digital signatures.
This document is published in accordance with the provisions of Rule
3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy
and Terms of Use for access or usage of referralworld.in .
The domain name referralworld.in (hereinafter referred to as "Web site")
is owned by
? referralworld Media Pvt Ltd, a Company incorporated under the
Companies Act, 1956 (Hereinafter referred to as the “Company”)
(Hereinafter referred to as referralworld)
referralworld is a fast-growing startup based out of Bangalore that
connects monthly audience of hundreds of thousands of Indian online and
mobile shoppers . It’s a win-win situation as our audience gets great deals
and our partner merchants supercharge their sales! Each day we push
thousands of transactions to our partner merchants making
referralworld the largest referral and deal site in India. referralworld is
our flagship product. It is India’s largest directory of referral & offers.
Your use of our site provides evidence that you have read and agreed to
these Terms of Service and our PRIVACY POLICY. Please read both
carefully. The use of this Web site and mobile application by You is
governed by this policy and any policy so mentioned by terms of reference.
Moving past home page, or using any of the services shall be taken to
mean that You have read and agreed to all of the policies so binding in You
and that You are contracting with the Company and have undertaken
binding obligations with the company. If you do not agree with any of these
terms, please exit referralworld .
This Terms of Service and associated Privacy Policy shall be applicable to
the mobile application and Users hereby accept that any usage of the
Website or the App shall be understood as acceptance of the Terms of
Service and Privacy Policy.
For the purpose of these Terms of Use, wherever the context so
requires "You" or "User" shall mean any natural or legal person who has
agreed to use the Web site to browse and fetch referral. The
site/application providing its services without registration does not absolve
You of this contractual relationship. The term "We", "Us", "Our" shall
mean referralworld or Company.
You will be subject to the rules, guidelines, policies, terms, and conditions
applicable to any service that is provided by this site/application, and they
shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use.
We hold the sole right to modify the Terms of Service without prior
permission from You or informing You. The relationship creates on You a
duty to periodically check the terms and stay updated on its requirements.
If You continue to use the Website/mobile application following such a
change, this is deemed as consent by You to the so amended policies. As
long as You comply with these Terms of Use, We grant You a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Web
site and mobile application.
By impliedly or expressly accepting these Terms of Service, You also
accept and agree to be bound by other
referralworld Policies, inter alia Privacy Policy, which would be amended
from time to time.
2. Usage
The use of this Web site and mobile is available only to those above the
age of 18 barring those ‘Incompetent to Contract’ which inter alia include
insolvents and the same is not allowed to minors as described by the
Indian Contract Act, 1872. Minors may use the site under the supervision of
a parent or a legal guardian. The use of this Web site is not limited to those
above the age of 18 only and are applicable to all barring those
‘Incompetent to Contract’ which inter alia include insolvents under the
Indian Contract Act, 1872.
If You are a minor and wish to use the Web site, you may do so through
your legal guardian and referralworld reserves the right to restrict your
usage of the Website on knowledge of You being a minor.
Further, We may access Your details through your Facebook account if you
link your Facebook account to your referralworld profile. You hereby grant
us permission to access some information available on Your Facebook
account as well as permission to access Your Friend list. referralworld will
post on Your behalf only with your express permission and the rights given
to referralworld to access and post can be revoked at anytime by You.
We reserve the right to restrict access of part/ whole of the Website and
mobile app for paying customers who may access this restricted area with
a login id and password.
3. Communications
By using this Website/mobile application, you shall not receive any calls for
the use of the website. You consent to be contacted for purposes of
clarification calls for any clarifications sought by you.
The sharing of the information provided by you will governed by the Privacy
Policy and We will not give out such contact information of yours to third
parties not connected with the Web site.
4. Charges
The membership of this Web site and application is free of cost and this
includes the browsing of the site/application and the use of the services.
However, we reserve the right to amend this no-fee policy and charge for
the services rendered. In a case that such happens, Users will be intimated
of the same, and it will be up to you to decide whether or not you will
continue with services offered by us. Such changes are effective as soon
as they are posted on the Site.
5. Third Party Information
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork (collectively, "Content"),
includes our content and third party user generated content and We have
no control over such third party user generated content as We are also an
intermediary for the purposes of this Terms of Use. We are in no way
responsible for the authenticity of the content and shall not be held liable in
any manner for any falsification of information posted on the Web site.
Other than when provided for, the use of such content and it being
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 is not allowed.
The content that you post in the form of reviews, suggestions and
feedbacks will become Our property and You grant Us the worldwide,
perpetual and transferable rights in such Content. We shall be entitled to,
consistent with Our Privacy Policy as adopted in accordance with
applicable law, use the Content or any of 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.
6. User Obligations
You are a restricted user of this Web site.
1. You are bound not to 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/mobile application. With our prior permission limited use
may be allowed. For the removal of doubt, it is clarified that unlimited
or wholesale reproduction, copying of the content for commercial or
non-commercial purposes and unwarranted modification of data and
information within the content of the Web site/mobile application is
not permitted.
2. You agree not to access (or attempt to access) the Web site/mobile
application and/or the materials or Services by any means other than
through the interface that is provided by the Web site. The use of
deep-link, 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 Web site or
Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Web site, materials or any Content, to
obtain or attempt to obtain any materials, documents or information
through any means not specifically made available through the Web
site. You acknowledge and agree that by accessing or using the Web
site or Services, You may be exposed to content from other users
that You may consider offensive, indecent or otherwise objectionable.
We disclaim all liabilities arising in relation to such offensive content
on the Web site. Further, You may report such offensive content.
3. In places where this Web site/application allows you to post or upload
data/information, You undertake to ensure that such material is not
offensive and in accordance with applicable laws. Further, You
undertake not to:
1. Abuse, harass, threaten, defame, disillusion, erode, abrogate,
demean or otherwise violate the legal rights of others;
2. Engage in any activity that interferes with or disrupts access to the
Web site or the Services (or the servers and networks which are
connected to the Web site);
3. Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity;
4. Publish, post, disseminate, any information which is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic,
pedophilic, libelous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner
whatever; or unlawfully threatening or unlawfully harassing including
but not limited to "indecent representation of women" within the
meaning of the Indecent Representation of Women (Prohibition) Act,
1986;
5. Post any file that infringes the copyright, patent or trademark of other
legal entities.
6. Upload or distribute files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of
the Web site or another's computer;
7. Download any file posted by another user of a Service that you know,
or reasonably should know, cannot be legally distributed in such
manner;
8. Probe, scan or test the vulnerability of the Web site or any network
connected to the Web site, nor breach the security or authentication
measures on the Web site or any network connected to the Web site.
You may not reverse look-up, trace or seek to trace any information
on any other user, of or visitor to, the Web site, or any other customer
of the Web site, including any Web site Account not owned by You, to
its source, or exploit the Web site or Service or information made
available or offered by or through the Web site, in any way whether or
not the purpose is to reveal any information, including but not limited
to personal identification information, other than Your own
information, as provided for by the Web site;
9. Disrupt or interfere with the security of, or otherwise cause harm to,
the Web site, systems resources, accounts, passwords, servers or
networks connected to or accessible through the Web sites or any
affiliated or linked sites;
10. Collect or store data about other users in connection with the
prohibited conduct and activities set forth in this Section.
11. Use the Web site or any material or Content for any purpose
that is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of this Web site or other third parties;
12. Violate any code of conduct or other guidelines, which may be
applicable for or to any particular Service;
13. Violate any applicable laws or regulations for the time being in
force within or outside India;
14. Violate the Terms of Use including but not limited to any
applicable Additional Terms of the Web site contained herein or
elsewhere;
15. Violate any code of conduct or other guidelines, which may be
applicable for or to any particular Service;
16. Threatens the unity, integrity, defence, security or sovereignty
of India, friendly relations with foreign states, or public order or
causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting any other nation.
17. Publish, post, disseminate information that is false, inaccurate
or misleading; violate any applicable laws or regulations for the time
being in force in or outside India;
18. Directly or indirectly, offer, attempt to offer, trade or attempt
to trade in any item, the dealing of which is prohibited or restricted in
any manner under the provisions of any applicable law, rule,
regulation or guideline for the time being in force.
19. Create liability for Us or cause Us to lose (in whole or in part)
the services of Our internet service provider ("ISPs") or other
suppliers;
1. We have no obligation, to monitor the materials posted on the Web
site. We shall have the right to remove or edit any content that in its
sole discretion violates, or is alleged to violate, any applicable law or
either the spirit or letter of these Terms of Use. Notwithstanding this
right, 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.
7. Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
1. THE WEB SITEAND MOBILE APPLICATION, SERVICES AND
OTHER MATERIALS ARE PROVIDED BY THIS WEB SITE IS ON
AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING,
COUPONDUNIA MAKES NO WARRANTY THAT (I) YOUR
REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL
BE EFFECTIVE, ACCURATE OR RELIABLE; (III) ANY ERRORS OR
DEFECTS IN THE WEB SITE, SERVICES OR OTHER MATERIALS
WILL BE CORRECTED.
2. 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.
3. 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.
4. referralworld 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.
5. 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 IN EXCESS OF Rs
5000
6. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL
OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE WEB SITEOR MOBILE APPLICATION IS DONE ENTIRELY AT
THEIR OWN DISCRETION AND RISK AND THEY WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR
COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
7. referralworld IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL
ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO
LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT
TO ANY INFORMATION PROVIDED TO YOU WHETHER ON
BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR
SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEB
SITE WITH RESPECT TO THE THIRD PARTY WEB SITE OR THE
PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE
ONLY.
8. Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS
WEB SITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE
VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY
AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS,
COSTS AND EXPENSES (INCLUDING LEGAL FEES AND
DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST
CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US
THAT ARISE OUT OF, INCLUDING, BUT NOT LIMITED TO, CLAIMS
FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND
INTELLECTUAL PROPERTY INFRINGEMENT,ANY BREACH OR NON-
PERFORMANCE OF ANY REPRESENTATION, WARRANTY,
COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE
PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE) AND
DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS)
ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1)
YOUR USE OF THE WEB SITE; (2) OUR USE OF ANY CONTENT OR
INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT
INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR
MATERIAL POSTED OR TRANSMITTED THROUGH YOUR
MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4)
ANY VIOLATION OF THIS AGREEMENT BY YOU. FURTHER, YOU
AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY
ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN
CONNECTION WITH, YOUR USE OF THE WEB SITE, ANY CLAIM THAT
YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR
VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY
RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY
RIGHTS.
IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES,
PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR
ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER,
INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF
CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS
ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN
CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEB SITE,
SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
9. 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 and mobile 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 sitewith 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.
10. COPYRIGHT
All information, content, services and software displayed on, transmitted
through, or used in connection with the Web site, including for example
news articles, reviews, directories, guides, text, photographs, images,
illustrations, audio clips, video, html, source and object code, trademarks,
logos, and the like (collectively, the "Content"), as well as its selection and
arrangement, is owned by us, and its affiliated companies, licensors and
suppliers. You may use the Content online only, and solely for your
personal, non-commercial use, and you may download or print a single
copy of any portion of the Content solely for your personal, non-commercial
use, provided you do not remove any trademark, copyright or other notice
from such Content.
If you operate a Web site and wish to link to referralworld, you may do so
provided you agree to cease such link upon request from us. No other use
is permitted without prior written permission from us.
You may not, republish any portion of the Content on any Internet, Intranet
or extranet site or incorporate the Content in any database, compilation,
archive or cache. You may not distribute any Content to others, whether or
not for payment or other consideration, and you may not modify, copy,
frame, cache, reproduce, sell, publish, transmit, display or otherwise use
any portion of the Content. You may not scrape or otherwise copy our
Content without permission. You agree not to decompile, reverse engineer
or disassemble any software or other products or processes accessible
through the Web site, not to insert any code or product or manipulate the
content of referralworld in any way that affects the user's experience, and
not to use any data mining, data gathering or extraction method.
11. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe your work has
been copied in a way that constitutes copyright infringement or are aware
of any infringing material on the Web site, please contact us at the address
listed below under the heading "Contact Us."
User-Provided Information and Content 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: (1) 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; (2) all information you provide is true, accurate, current and
complete, and does not violate these Terms of Service; and, (3) the content
will not cause injury to any person or entity. Using a name other than your
own legal name is prohibited.
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
12. OPERATION
The Web site is controlled, operated and administered from its offices
within INDIA. 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.
Disputes and Jurisdiction
These Terms of Service will be governed by and construed in accordance
with the laws of India without regard to its conflicts of law provisions. You
hereby agree that any cause of action you may have with respect to
referralworld must be filed in India within two months of the time in which
the events giving rise to such claim began, or you agree to waive such
claim. You agree no such claim may be brought as a class action. If for any
reason any provision of this Agreement is found unenforceable, that
provision shall be enforced to the maximum extent permissible so as to
effect the intent of the parties as reflected in that provision, and the
remainder of the Agreement shall continue in full force and effect. Any
failure of referralworld to enforce or exercise any provision of this
Agreement or related right shall not constitute a waiver of that right or
provision. The section titles used in this Agreement are purely for
convenience and carry with them no legal or contractual effect. In the event
of termination of this Agreement for any reason, you agree the following
provisions will survive: the provisions regarding limitations on your use of
Content, the license(s) you have granted to referralworld, and all other
provisions for which survival is equitable or appropriate.
In the case of a conflict between these terms and the terms of any
electronic or machine readable statement or policy (for example, a P3P
electronic privacy policy), these Terms of Service shall control. Similarly, in
case of a conflict between these terms and our Privacy Policy, these Terms
of Service control.
All disputes involving but not limited to rights conferred, compensation,
refunds, and other claims will be resolved through a two step Alternate
Dispute Resolution mechanism.
1. Stage 1: Mediation. In case of a dispute, the matter will first be
attempted to be resolved by a sole mediator who is a neutral third
party and will be selected at the mutual acceptance of a proposed
mediator by both parties. Both parties may raise a name for sole
arbitrator and in the case both parties accept the proposed name, the
said person shall be appointed sole mediator. In the case the parties
are not able to reach a consensus within two proposed mediators, the
Company reserves the right to decide who the final mediator is. The
decision of the mediator is not binding on both parties however; the
parties in good faith will attempt to bind by the decision.
2. Stage 2: Arbitration. In the case that mediation does not yield a
result suitable or preferred by any one of the parties, arbitration may
follow, the award of which is binding on both parties. The Arbitration
Board is to comprise three members. One is to be appointed by each
party and the third member is to be nominated by the two appointed
members by mutual consent between them. The award as the
outcome of the arbitration is final and binding on both parties and
there shall be no further remedy available to both parties. The
arbitration proceedings will take place in the English Language and
will be situated in the state of India. The mode of appointment of the
arbitrators is as provided above.
13. Disclaimer
The content on the web site is general in nature and summarized, and is
provided for informational purposes only. The content of the Web site and
mobile application, including without limitation, text, copy, audio, video,
photographs, illustrations, graphics and other visuals, is for informational
purposes only and does not constitute professional advice, or
recommendations of any kind.
We do not assure any liability for the contents of any material provided on
the Site. Any opinions expressed on the Site are the opinions of the
authors. Reliance on any information provided by us, other visitors to the
Site is solely at your own risk. This Web site/We assume no liability or
responsibility for damage or injury to persons or property arising from any
use of any product, information, idea, or instruction contained in the
materials provided to you. We reserve the right to change or discontinue, at
any time, any aspect or feature of this Site.
Service Providers must be legally able to sell the services offered on the
Web site. Such products must not infringe upon the intellectual property,
trade secret or other proprietary rights, publicity rights and privacy rights of
any third parties. Listings may only include text descriptions, graphics and
pictures that describe the item for sale. In any case of discrepancy between
what is promised by the seller and what is delivered to the consumer or buy
and the same may proved by the consumer, the seller will refund the
amount paid by the buyer.
You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable right to exercise the copyright, publicity, and
database rights you have in Your information, in any media now known or
not currently known, with respect to Your information to enable Us to use
the information for the purpose of providing the Services
14. Web site as an Intermediary Platform
The Web site is a platform that Users utilize to meet and interact with one
another for their transactions. We are not a party to such interaction and
take no liability that arises from any such communication.
1. All communication which inter alia includes the contract, its terms,
your obligations, the seller’s obligations, prices, etc are outcomes of
the communication between the seller and You. This includes,
without any limitation, the prices, shipping costs, payment details,
date, period and mode of delivery, warranties related to products and
services and after sales services related to products and services.
We do not have any control over such information and play no
determinative role in the finalization of the same and hence do not
stand liable for the outcomes of such communication.
2. We do not endorse any of the products/services offered for sale on
the Website nor place any guarantee as to its nature, price, quality,
etc.
3. Subject to the above sub-clauses, a contract exists between the
seller/provider and the buyer and as such any breach of contract and
thus, any claim arising from such breach is the subject matter of the
seller/provider and the buyer alone and we are in no way a party to
such breach or involved in any suit arising from the same breach. The
contact/communication arising from such breach may entail between
the seller and the buyer directly without Us being involved.
4. As the buyer, you are expected to check the creditworthiness of the
provider and the genuineness of the products or services offered by
them. We are not liable for the same.
5. As the contract is limited to the SERVICE PROVIDER and the buyer
and not Us, we are in no way liable for any deficiency of service that
may arise which includes and is not limited to cancellation of order
due to low stocks, defected goods, and defective nature of goods.
6. As we hold no possession, nor title of the products at any time, or
enter/determine the communication between the buyer and the seller
or determine its outcome, the contract is purely a bipartite contract
between the buyer and the seller and We are not responsible for
claims arising from such a contract.
Disclaimer: Due to some technical issue, typographical error or product
information published, Pricing on any product(s) as is reflected on the Web
site by seller may be incorrectly reflected and in such an event seller may
cancel such your order(s).
7. You release and indemnify Us and/or any of its officers
and representatives from any cost, damage, liability or other
consequence of any of the actions of the Users of the Web site and
specifically waive any claims that you may have in this behalf under
any applicable law. Please note that there could be risks in dealing
with underage persons or people acting under false pretence.
15. MISCELLANEOUS
We reserve the right to change these Terms of Service at any time in its
discretion and to notify users of any such changes solely by changing this
Terms of Service. 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. Your use of this site prior to the time this
Terms of Service was posted will be governed according to the Terms of
Service that applied at the time of your use.
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 referralworld or any of their assets.
We hereby reserve the right to block usage of the Website and the App if
any breach of the Terms of Service is caused by a User. This can in no
way be construed as a waiver of any legal right under Indian law to claims
any damages or initiate any legal proceedings against the User.