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Terms & Conditions

This Terms and Condition for Use of NayaGaadi website is a legal agreement between you and NayaGaadi., which owns and runs the Website www. NayaGaadi.com  (hereinafter referred to as ‘NayaGaadi’, ‘our’, ‘us’, ‘we’) providing, among other things, the terms and conditions for your use of NayaGaadi’s services ( the ‘Services’ or ‘Website services’) through the website located at www. NayaGaadi.com  (the ‘Website’, ‘Site’).

Read the Terms and Conditions carefully. Your use of services on the Website means you are consenting to these Terms and Conditions.

These Terms and Conditions may be modified from time to time in NayaGaadi’s sole discretion and you may not be notified. It is your responsibility to review these Terms and Conditions from time to time. You have accepted the Agreement as amended if you continue to use any of the Website services after any amendments are posted on the Website. We reserve the right to include additional terms and conditions if we were to provide additional services or programs such as contests, quizzes, promotions, sweep stakes and the like. You shall be bound by the same on your participation in such services or programs.

1.  Authorised Users. You represent that you have read and understood, and that you agree to be bound by this Agreement. The Website services are available to individuals aged 13 years or older. By using the website you represent that you are atleast 13 years old.

2 Parental Guidance and Advise. If you are user between the ages of 14 and 18, review the terms of this Agreement with your parents. The Website services are not designed to attract children under the age of 14 and we do not intentionally collect personal information from children on our Website. Parental discretion is advised for users in the age group of 14 to 18 years.

3. Registration. To use the Website services, you may have to be registered and provide your name, email address and other details. Please see our Privacy Policy and practices on how the personal information would be used. However, if you wish to view the public content on the Website, no registration is required but you are bound by this Agreement on other Terms and Conditions.

4. Content.

4.1 User Content: ”User Content” refers to any comments, messages (whether text, email, video, multimedia or otherwise), blog posts, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, and/or other similar materials that you submit, post, upload, transmit, display, communicate or otherwise distribute on or through NayaGaadi Website, as well as any names (whether yours or someone else’s), likenesses, voices, usernames, user profiles, appearances, and/or other biographical information that may be included in any of the foregoing.

4.2 The content that you submit to the Website remains yours and we do not claim any intellectual property rights over your content.

4.3 By submitting your content to the Website, you provide us and Users permission to access and use your content. You hereby grant to us a worldwide, royalty free, non-exclusive, sub-licensable licence to publish, reproduce, distribute, use, create derivatives, transmit, publicly display in every manner and medium. These rights continue as long as the content remains on the Website. All actions taken based on the licensed rights, prior to termination, shall remain valid.

 

4.4 You agree that this licence includes a right for us to make your content available to other companies, organizations or individuals with whom we have relationships for the provision of syndicated services, and to use your content in connection with the provision of those services.

5. Limitations On Use Of Website. NayaGaadi shall strive to provide you great user experience on the Website. We cannot assure you of accessibility or availability of the Website at all times. You understand and agree to the following restrictions and limitations on your use of the NayaGaadi Website, and further agree that any violation of these Terms of Use (including, but not limited to, the following restrictions and limitations) may result in the suspension or termination of your account and your ability to access all or any part of the Website. In addition, we may suspend your ability to use or access the Website at any time while we investigate complaints or alleged violations of these Terms of Use, or for any other reason within our sole discretion.

6. Accuracy of Information. Some services on the Website permit or require you to create an account to participate in services offered, to access additional content, or to secure additional benefits. You must provide, maintain and update, at all times, accurate, complete, truthful and current information in response to all questions asked and requests made by our registration processes, and you will only use your own account to access the NayaGaadi Website and any services they offer. You will not under any circumstances use the account, username, or password of someone else at any time.

7. Restricted Behavior and Content. You are bound by the rules of conduct set forth herein for use of the Website or any services offered by the Website. Your violation of the rules of conduct will constitute a breach of these Terms of Use, and we reserve our right to take any and/or all legal actions that may be available.

8. Account Security. You are solely responsible for the confidentiality of any password and other account information that you create in order to access or use the NayaGaadi Website. You agree to notify us immediately on any unauthorized use of your account, user name, or password. You also agree that  We are not liable in any manner for any loss that you may incur as a result of any third party using your password, either with or without your knowledge. You are solely liable for any losses incurred by Us, Our affiliates, officers, directors, employees, consultants, agents, and representatives due to mis-use of your account or password.

9. Use of Software. Use of the Site may require you to use software provided by or operated from the Website, and on occasion we may make certain software available to you from the Website. To the extent you use such software or download such software from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us, for your personal, noncommercial use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or othrwise convert the Software to a human-perceivable form.

9.1 Software Updates. The Software which you use may automatically download and install updates from time to time from NayaGaadi. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit NayaGaadi to deliver these to you) as part of your use of the Services.

10. USER CONDUCT.

10.1 Compliance With Intellectual Property Laws. You shall adhere to the legal rights and intellectual property rights of NayaGaadi and others when using the Webiste or its services. You shall be solely responsible for violations of any relevant laws or infringement of intellectual property rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. You shall not submit, post, upload, transmit, display, communicate, or otherwise distribute User Content in violation of any third party’s copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights.

10.2 Inappropriate Content. You will not submit, post, upload, transmit, display, communicate, or otherwise distribute any User Content that: (a) is libellous, defamatory, obscene, pornographic, abusive, or threatening, or anything that promotes hate, violence or unlawful discrimination; (b) advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) is intentionally designed to mislead, disparage or embarrass others, or that reveals private information about others without their consent; (d) violates any of the prohibitions set forth here-in or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your ability to provide and/or receive of any such material using the NayaGaadi Sites or their services, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

10.3 Prohibited Uses. You are prohibited from violating or attempting to violate any security features of any NayaGaadi Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of any NayaGaadi Site or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any content from any NayaGaadi Site; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to an NayaGaadi Site, overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using any NayaGaadi Site or its servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using an NayaGaadi Site; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the NayaGaadi Sites or their services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the NayaGaadi Sites.

10.4 Alleged Violations; Termination of Access. We reserve the right to terminate your use of any one or more of the NayaGaadi Sites at any time and for any reason (including for no reason). To ensure that we can provide a high quality experience for you and for other users of the NayaGaadi Sites, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the NayaGaadi Sites or the services we offer. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to an NayaGaadi Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of any NayaGaadi Site by others.

10.5 Copyright Infringement. Our Copyright Policy on infringement is simple. We immediately suspend or terminate the user who is found to have infringed, or alleged to have infringed, on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. You may please contact us if you have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question. We might ask you for providing us additional information or proof of violation / infringement.

 

10.6 No Warranties. We are making the NayaGaadi Sites and any services they provide available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, each NayaGaadi Site or the services it offers. The company expressly disclaims any and all warranties, express or implied, regarding the NayaGaadi Sites and our services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the NayaGaadi Sites or any services they offer will meet your requirements or that the operation of any NayaGaadi Site or its services will be uninterrupted or error-free.

10.7 License Grant. Other than the limited license set forth in Section 4, NayaGaadi acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any content that you submit, post, transmit or display on, or through, the Website, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

11. PUBLIC FORUMS. The content posted on Public Forum features of this Website is available for viewing by other Site users. Please read our Privacy Policy governing such content. You shall evaluate the risks associated with such disclosures / content made by you on the Public Forums and We shall not be responsible or liable in any way.

12. Purchases.

12.1 Quality. You agree that you shall have no claims against NayaGaadi regarding the quality of any products purchased by you from NayaGaadi so long as the product in question is an accurate depiction of the image selected by you, on the medium selected by you.

12.2 Delivery of Order. Please allow a reasonable period of time for the delivery of any products ordered from the Site. Complaints or requests for refund must be communicated to NayaGaadi within a reasonable period of placing the order, in the event of non-delivery, or within ten (10) days of delivery of the order, in the event of a defect in the delivered product.

12.3 Payment. No order shall be considered confirmed until such confirmation is communicated to you in writing by NayaGaadi. You agree to render payment for any goods or services purchased from NayaGaadi on the Site in accordance with the terms hereof. You will be entitled to refunds only in accordance with the terms hereof.

13. Payments.

You represent and warrant that if you are purchasing something from NayaGaadi that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

14. Refund and Return Policy.

To the extent that you purchase any goods or services directly from NayaGaadi, we will refund to you your purchase price within seven (7) days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on the Site are sold by third parties or are linked to third party web sites, and NayaGaadi shall have no responsibility or liability for those products or services. You may request a refund by contacting us by email at online@NayaGaadi.in.

15. Disclaimers.

 

15.1 Disclaimer Regarding Third-Party Content. The NayaGaadi Sites contain opinions and views of other users which is beyond NayaGaadi’s control. NayaGaadi is not responsible and does not endorse the accuracy or validity of such content. You take complete responsibility of any action that you may take based on such content. Content of the users are not reviewed or approved by NayaGaadi. You provide personal information to other users at your own risk. You would use your complete judgment in using the Site or information on the Site or taking any action based on the information available on the Site.

15.2 Without limiting the generality of the foregoing, you acknowledge that we have created this site for the purpose of providing entertainment, news, editorial content, information, tools and services that we believe our users will use and enjoy, and while we exercise reasonable efforts to monitor the information on this site and to update the site regularly, you understand and agree that we cannot and do not guarantee the accuracy, currency, reliability or completeness of any information or material included here, or on any site accessible from here.

16. Liability. We are not liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the NayaGaadi sites or any other materials or services provided to you by Us. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. We may terminate your access to the NayaGaadi sites or alter or delete the NayaGaadi sites or their content or features at any time, in any way, and for any reason or no reason, at our sole discretion.

17. Affiliated Sites. Our Site may be linked to the website of third parties, affiliates and business partners. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality for such websites or made available by / through our Website.

18. Indemnity. You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of any NayaGaadi Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

19. Copyright. All contents of the Site are subject to Copyright © owned by NayaGaadi. and its licensors. All rights reserved. For more information (including any questions about reusing materials found on the Site), please contact us at contact@NayaGaadi.in

20. Trademark. ”NayaGaadi”, “NayaGaadi.in”, the NayaGaadi logo” are intellectual property of NayaGaadi. NayaGaadi has applied for trademark / service mark protection.

21. Termination. This Agreement will continue until terminated by either you or NayaGaadi.

If you want to terminate your legal agreement with NayaGaadi, you may do so by (a) notifying NayaGaadi at any time and (b) closing your accounts for all of the Services which you use, where NayaGaadi has made this option available to you.

21.1 NayaGaadi may at any time, terminate its legal agreement with you if:

(a) you have breached any provision of this Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);

 

(b) NayaGaadi is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

(c) the third party with whom NayaGaadi offered the Services to you has terminated its relationship with NayaGaadi or ceased to offer the Services to you;

(d) the provision of the Services to you by NayaGaadi is, in NayaGaadi’s opinion, no longer commercially viable.

21.2 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and NayaGaadi have benefited from, been subject to (or which have accrued over time whilst this Agreement was in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

22. Governing Law. These Terms of Use and any contractual obligation between Us and You will be governed by the laws of India, subject to the Courts in Bangalore. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts.

23. Severability; Waiver. If any provision of this Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

24. No License. Nothing contained on the NayaGaadi Sites should be understood as granting you a license to use any of our trademarks, copyrights, service marks, or logos, or the trademarks, service marks, or logos owned by any third party.

25. Contact Information. If you have any questions concerning us, the Website, these Terms of Use, or anything related to any of the foregoing, we can be reached at the following email address or via the contact information available from the following hyperlink: contact

Last Update: Jan 15, 2015

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