TERMS AND CONDITIONS
EFFECTIVE DATE - March 07, 2019
1.1 You must read the Terms and Conditions("Terms") carefully.
The owner of the website www.mybuyerguide.com ("My Buyer Guide") provides the website www.mybuyerguide.com ("Website") to you ("You", "Your") subject to these Terms.
These Terms are entered into by and between My Buyer Guide and You, and You accept them by:
(a)Using the Website in any manner; and (b)acknowledging agreement with these Terms.
If You do not agree to all of these Terms, do not use the Website.
1.2 The Website includes without limitation:
(a) information such as technical and other valuable information ("Information"); and
(b) content such as data, text, photographs, graphics and other materials ("Content").
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to My Buyer Guide or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. My Buyer Guide reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be My Buyer Guide or someone else, or spoof My Buyer Guide's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content; (d) misrepresent Your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
2.4 My Buyer Guide does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any Content that you post. My Buyer Guide will not be liable for any damage or harm resulting from any Content or Your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between You and other users of the Website and take any other action to restrict access to or the availability of any material that My Buyer Guide or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates these Terms).
3.1 Content and Information are property of the My Buyer Guide or its content suppliers. No part of the Website and no Content and no Information may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, altered to make new works, digitized, compiled, translated or transmitted in any way without My Buyer Guide's prior express written consent.
3.2 My Buyer Guide does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. You grant My Buyer Guide and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish Your Content (including in digital form)
3.3 You may find links to other Internet sites or resources on the Website. You acknowledge and agree that My Buyer Guide is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. My Buyer Guide will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
3.4 While My Buyer Guide takes reasonable steps to present correct and accurate information, My Buyer Guide cannot be held responsible for the change of information at third party sites.
3.5 My Buyer Guide and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
3.6 My Buyer Guide reserves the right to terminate Your access to the Website if it reasonably believes, in its sole discretion, that You have breached any of the Terms. Following termination, You will not be permitted to use the Website and My Buyer Guide may, in its sole discretion and without advance notice to You, remove any Content posted by You. If Your access to the Website is terminated, My Buyer Guide reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. These Terms will survive indefinitely unless and until My Buyer Guide chooses, in its sole discretion and without advance to You, to terminate it.
3.7 My Buyer Guide respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Website infringes the copyright or other intellectual property infringement ("Infringement") of any person. My Buyer Guide will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Website.
4.1 You agree to indemnify and hold My Buyer Guide and its partners, shareholders, officers, directors, agents, licensors, suppliers, employees and representatives harmless from any claim or demand, including reasonable attorneys'/lawyer's fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website, Your violation of the Terms, or Your violation of any rights of another.
5. DISCLAIMER OF WARRANTIES
5.1 Your use of the Website is at your sole risk unless otherwise explicitly stated. The Website, including the Information and Content is provided on an "As is" "As available" and "With all faults" basis. My Buyer Guide disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. My Buyer Guide makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the Website.
5.2 My Buyer Guide makes no warranty or representation that: (a) the Website will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Website will be accurate or reliable; (c) the quality of any Content, Information, or other material obtained from the Website will meet Your expectations or requirements; or (d) any errors in the Website will be corrected.
5.3 You assume all risk for any damage to Your computer system or loss of data that results from obtaining any Content from the Website, including any damages resulting from computer viruses.
6. LIMITATION OF LIABILITY
6.1 Even though My Buyer Guide strives to protect the Information and Content You provide through the Website, no data transmission over the Internet can be guaranteed to be hundred percent secure. As a result, even though My Buyer Guide strives to protect Your Information and Content, My Buyer Guide cannot guarantee or warrant the security of any Information or Content You transmit to or receive through the Website.
6.2 To the full extent permitted by law, My Buyer Guide is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data or other economic advantage) arising out of or in connection with the Website, even if My Buyer Guide has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Website; (b) statements or conduct of any third party on the Website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (c) Content or Information You may download, use, modify or distribute.
6.3 To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply. In no event shall My Buyer Guide's liability arising under or in connection with these Terms and Your use of the the Website exceed Rs.100.
6.4 My Buyer Guide will not be deemed in default here under or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
7.1 My Buyer Guide may provide notice to You via email, or posting notices or links to notices on the Website.
8. STATUTE OF LIMITATIONS
8.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one(1) year after such claim or cause of action arose or be forever barred.
9. WAIVER OF CLASS ACTION RIGHTS
9.1 By accepting these Terms, You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with these Terms must be asserted individually.
10. DISPUTE RESOLUTION
10.1 All disputes are subject to Bangalore Jurisdiction only.
11. GENERAL TERMS
11.1 These Terms comprises the entire agreement between You and My Buyer Guide for the use of the Website and supersedes any prior agreements pertaining to the subject matter contained herein.
11.2 My Buyer Guide reserves the right, in its sole discretion, to change any or all of the provisions of these Terms at any time. My Buyer Guide will notify users of any changes by posting them on the Website or through other reasonable means of providing notice. Any changes to this agreement will be effective immediately upon notice to You. Your use of the Website after notice of changes to these Terms will be deemed your acceptance of the changes.
11.3 My Buyer Guide reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Website, as well as any aspect pertaining to the use of the Website.
11.4 The failure of My Buyer Guide to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.