Unless repugnant to the subject or context, the words appearing herein below shall have the meanings as set forth below:
"Agreement" shall mean and include the User completed application form, its attachment(s) and the terms and conditions stated herein and includes the documents incorporated by reference including the Disclaimer, Warning against Fraud, Contract Form/Bill terms and conditions and such other documents that Vinayak may in its absolute discretion add to the Site from time to time. It shall deem to have been executed at Ahmedabad.
"Date of Commencement" is the date indicating the acceptance of the application by the User to the Service. It shall be specified by the Company in its notice to the User either through e-mail or conventional mail or on telephone.
"Date of Termination" is the date when the User's subscription comes to an end and/or the date mentioned in a letter of termination issued by the Company.
"Party" or "Partie(s)" means the User and/or the Company in reference to the context.
"Company" means : #1 Vinayak InfoSoft
"Registration Data" is the database of all the particulars and information supplied by the User on initial application and subscription, including but not limited to the User's name, telephone number, mailing address, account and email address.
"Services" means the Services provided by the Company to the Parties includes the following facilities:
"Site" means customers website designed/ marketed/ hosted/ promoted/ powered by Vinayak.
“Domain” means www.<company name> .com/org/co.in/in etc.
"Web Hosting" is a service provided to a User wherein the Site provides storage, connectivity and related services necessary to host the website of the User's business.
Interpretation Number, Gender and Headings
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing person(s) includes individuals, bodies corporate and unincorporated.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms and conditions, notices, or the right of use of the Site by the User or any provision hereof in any manner whatsoever.
Agreement between User and Company
Services are provided by Vinayak Group and its affiliates/ associates. The Services are offered to the User conditioned on the acceptance without modification of the terms, conditions, and notices contained herein. Use of the Site by a User constitutes agreement to all such terms, conditions, and notices. If the User does not agree with any part of the following terms, conditions and notices, it/they must not use the Services.
The Company reserves the right to change the terms, conditions, and notices under which the services are offered, including but not limited to the changes associated with the User of the Services. The User is responsible for regularly reviewing these terms and conditions. Company has endeavored to ensure that all the information on the Company is correct, but Company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. Company disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or in connection with the use of the information contained on the Site.
The User is advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement.
The use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. A minor i.e. under the age of 18 years, cannot register as a member of the Site. The Company reserves the right to terminate the User membership and may refuse to provide the User with access to the Site if Company discovers that the User is under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Company.
The User hereby consents to receive communications from the Company electronically. The Company may communicate with the User by email or by posting notices on the Site. The User agrees that all agreements, notices, disclosures and other communications that the Company provides to the User electronically satisfy any legal requirement that such communications is in writing.
Platform for Advertisement
This contract is to promote customers product & services on internet Company is not and cannot be a Party to or control in any kind of false inquiry/ fraud transaction or any transaction loss through website. Consequently:
Renewal - Continuous Service Agreement
Break Down of Services
If website is down due to any technical problem arises like web hosting, Server down, ISP related problem Company are not responsible to any kind of loss to customer or third party.
The Customer is supposed to provide all data, content, images, photos and related literature for website designing at the time of order. The Company is not responsible for any kind of copyright images or content of website. The Company shall not be held liable under any circumstances for the information and /or content of website.
The Company do Search Engine Optimization or Internet Marketing Or Web Promotion through our technical expertise and placing name of it’s party/client on all major Search Engines but there is no guarantee of listing in all search engines throughout the year. All Search Engine are third party and The company doesn’t have any direct link with them. All search engines are having there automatic algorithm of web crawling.
There is no privacy of data on internet. Website is open Source anyone can copy any data or images company is not responsible for any kind of privacy for data/images/content/photos etc.
There may be any error/mistake/ or human error in any part of order execution/ designing/ promotion/ content writing etc. The Company is not responsible for any kind of human mistake. It’s customer liability to check time to time and if there is any error or mistake is there then its customers responsibility to inform our support team.
The Services provided are subject to “Force majeure” Clause.
The Company provides the Site and Services "as is" and without any Warranty or condition, expressed, implied or statutory and specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The User expressly agrees that use of the Services is at its sole risk.
Ownership of Intellectual Property
All copyright and/or know-how and/or any other intellectual property rights in relation to any of the Services of the Company shall become and remain the sole and exclusive property of the Company and the User shall have no claim to the same. In the event the User has contributed to any content in any manner whatsoever on the Site, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.
Waiver and Severability
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid and/or determined to be invalid or unenforceable in (whole or in part) by a court of competent jurisdiction, the Parties agree that the Court shall Endeavour to give effect to the Parties' intentions as reflected in the provision, and all the other provisions of this Agreement shall remain in full force and effect.
Limitation of Liability
The User hereby agrees to indemnify and hold the Company its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of the User's breach or violation of this Agreement or the documents it incorporates by reference, or violation of any law or of the rights of a third party and/or any dispute(s), claim(s), litigation or other civil or criminal proceeding between a User and another User/third party transacting on this Site or using the Services.
Except as explicitly stated otherwise, all notices to the Company shall be given by the User by postal mail Attn: Manager, #1 Vinayak InfoSoft, at Vinayak InfoSoft, 331 New Cloth Market, O/s Raipur Gate, Ahmedabad 380 022 (in the case of the Company).
Third Party Content, Sites and Services
The Site and Content available through the Service may contain features and functionalities that may link or provide the User with access to third party content which is completely independent of the Site, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
User's interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such organizations and/or individuals. The User should make whatever investigation necessary or appropriate before proceeding with any online transaction with any of these third parties.
Relationship of the Parties
It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the Company and any User.
Prohibition against Unlawful Use
As a condition of use of the Service and the Site, the User warrants that it/they will not use the Site for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by these terms, conditions, and notices including both specific and implied. In addition the Site shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party's use and/or enjoyment of the Site. The User shall refrain from obtaining or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Termination of Service
The User hereby agrees that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate a User account, block its email or IP address from the Site, or otherwise terminate its access to or use of the Service (or any part thereof) and/or the Site immediately and without notice, and remove and discard any content within the Service/Site, for any reason, including, without limitation, if Company believes that the User has acted inconsistently with this Agreement. Further, the User agrees that Company shall not be liable to the User or any third-party for any termination of the Users access to the Service. The User agrees that it shall not attempt to use the Service after the Date of Termination.
Liabilities upon Termination