Terms & Conditions
IndianYellowPages.Com ("Site")provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. It is owned and managed by WeblinkIndia.NET Pvt. Ltd. ("Company")with its registered office at 33 & 33A, Rama Road, Industrial Area, Near Grand Plaza, Moti Nagar, New Delhi, 110015 (India).
Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions ("Terms"). It is mandatory for all users of the Site to have read carefully, fully understood and be in total agreement to the below mentioned Terms before they proceed to use any of the services of the Site ("Services").
The Services are available only to those individuals, firms or companies who can form legally binding contracts under the Indian laws.
- Acceptance of Terms and Conditions
- Paid Services
- Users Generally
- Registered Users
- Information Dissemination on the Site
- Transactions between Buyers and Suppliers
- Limitation of Liability
- Intellectual Property Rights
- Payment and Refund Issue
- Copyright Policy
Acceptance of Terms and Conditions
- For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether the said User has registered with the Site as a registered User or whether the said User is a paid client for a specific service provided by the Site. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
- By accessing or using the Site, you hereby agree to accept the Terms set forth in this Agreement as a User. You shall be bound by the Terms of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you are not in acceptance of any of the contents mentioned in the Agreement, you may neither use any of the Services nor access the Site.
- This Agreement applies to each Paid Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Paid Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Paid Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favourable to the Company; and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Paid Service shall prevail.
- The Company may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was amended on June, 2006. Posting of the amended and restated Agreement on the Site and your continuous use of the service will signify your acceptance of the changed terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of IndianYellowPages.Com.
- The chosen memberships would be activated within 2 working days from the receipt of activation charges and would be continued for the period for which the activation charges have been submitted, however the Web pages would be created as per the information/approval provided by the User and may take some time however no relaxation/extension will be provided/allowed for the said period.
- Membership charges are subject to revision and such revision is at the discretion of the Site/Company.
- The Company reserves the right to block or delete a webpage at any time without assigning any reason etc. and the user(s) will have no claim or right whatsoever against the Site/Company under any circumstances.
- With this registration, you agree to accept communications (through Calls/Chat/ Mails/SMS) from the Company and its associate Portals (Including the one which you have registered on).
- Access to the Site and certain features are provided to all Users free of charge. However, the Site reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Paid Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Paid Services is governed by additional terms and conditions under separate agreements in addition to this Agreement.
- The Site reserves the right to issue a warning, restrict the extent or deny or revoke permissions to access the Paid Services to any User for whatever reason in order to protect the interests of the Site.
- The specific features and working functionality of the Paid Services may vary on the basis of chosen package, industry variations as well as demographical demarcation.
- Any modification / temporary suspension / complete termination of any feature or the Paid Service would remain at the sole discretion of the Site with only an amendment in the Terms.
- Website designing services:-
- Website designing service is one of the deliverables with some of Paid Services and the Site reserves the sole rights on its technical maintenance. Each User hereby agrees to indemnify and save the Site/Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise due to interruptions because of Third Party Services, technical errors while uploading or after hosting of website.
- As Website designing service is a free service with some of the Paid Services, hence the Site retains the sole rights of all the technical details including FTP details. No claim(s) shall be entertained regarding the same. Since the data of the template based website is driven through the centralized database of the Site, hence it is non-transferable on any other server and any such attempt would render the website non-functional.
- As Website designing service is a free service with some of the Paid Services, hence the Site retains the sole rights of all the technical details including FTP details. No claim(s) shall be entertained regarding the same.
- The Users hereby agree to extend full cooperation in assimilation of the information required for site development and approve of correspondence by phone/mail. Reminder mails would be sent if the Users do not respond to calls/mailsand/or do not provide the details/material requested and/or do not provide necessary approvals/feedbacks on progress of website/incomplete material/ incomplete images/layout/ hosting of website etc.The website designing service would be terminated / lead as per the company policy if no revert is received from the User after the 2nd reminder mail.
Re activation of website designing services / request for modification would be only on paid basis.
- On completion of website development, the temporary link would be sent to the Users and modifications would be entertained only if the same are sent within the next 5 days. On lapse of the 5 days, if no feedback is received, it would be deemed as consent for hosting the site on the domain.
- All changes, after website hosting would be undertaken on paid basis.
- Any exception / flexibility in the above circumstances would be at the sole discretion of the Site and would require a written request from the User.
- Users may use this Site solely for their own personal or internal purposes.
- The users agree to abide by the Copyright Policy assimilated in the Terms while using theinformation, text, images, video clips, directories, files, databases or listings displayed on this Site ("Site Content").
- Some of the Site Content is provided or posted by third parties ("Third Party Content"). Any Third Party Content is the sole responsibility of the party who has provided the content. The Site is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content.
- The Site is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
- The Site may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's website. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of the same. User acknowledges that the Site has no control over such third party's website, does not monitor such websites, and the Site/Company shall not be responsible or liable to anyone for such website, or any content, products or services made available on such a website.
- The Site reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall the Site/Company be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
- No User shall embark on any scheme to destabilize the integrity of the computer systems or networks used by the Site and/or any other User of the Site.No User shall attempt to gain unauthorized access to such systems or networks. No user shall take any action, which imposes an undue or disproportionate large load on our infrastructure such a spam mails / mass mails etc.
- As a condition of your access to and use of the Site, you agree that you will not use the Services to infringe the intellectual property rights of others in any way. The Site/Company reserves the right to terminate the accounts of Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, the Site/Company reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Services, or if the site believes that User conduct is harmful to the interests of the Site/Company, its affiliates, or other Users, or for any other reason in the Site/Company’s sole discretion, with or without cause.
- Mass Mailing / Spamming is prohibited on our servers. We suggest you to take specialized services from the Third Party or opt for your own dedicated server if you need to access any such services that are not a part of the Services.
- The servers belong to a third party and the continuation to access the services are subject to availability as the same may be interrupted at times due to technical problems /hackers etc. and the Site/Company is not responsible for the costs/damages/extension of activation period etc. for the same in any manner under any circumstances. The Users are advised to spool the messages etc. offline and save them elsewhere, create necessary backups of all relevant and important information in order to avoid any hacking or technical problem.
Note: The enquiries will be removed automatically from the folder after 1 year from the receiving date, so Users would need to take requisite backups of the same.
- A User who has filled out an online registration form available on the Site by giving their information (such as name, address, telephone and fax number, email address, business details etc.) is deemed as a registered user of the Site (a "Registered User"). An account would be established on the Site ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") to facilitate access to the Account.
- The Site may assign a web-based email account with limited storage space for the User to send or receive email (the "Email Account")if the same is a part of the chosen Paid Service. The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
- If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; (c) vouch that all other information submitted to the Site during the registration process is true, accurate, current and complete and (d) you are the concerned person to be contacted for all requisite correspondence. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
- By becoming a Registered User, you consent to the inclusion of your personal data in the Site’sdatabase and authorize the Site/Company to share such information with other Users.
- The suspension / termination of a Registered User's Account or Email Account are solely at the discretion of the Site/Company. This can be effected at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in the Site’s determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) the Site has reasonable grounds to suspect that such information provided by a Registered User is inaccurate, untrue or is not current or complete, or (c) the Site believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, the Site’s other Users, or the Site/Company or its affiliates.
- The Registered User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
- The Account is non-transferable and a Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of the Site. The Site may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
- The Site reserves the right to refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.
Information Dissemination on the Site
- You must be a Registered User in order to post information on the Site using the requisite forms and self-help submit and edit tools provided through the Site.
- No sales agency relationship is created between any User and the Site, the Site’s affiliates, directors, officers or employees by virtue of display of any of the User's information on the Site.
- Each User hereby represents warrants and agrees to (a) provide true, accurate, current and complete information for display on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to the Site to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
- Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to the Site or authorizes the Site to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights."
- Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to the Site or authorizes the Site to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
- Each User hereby represents, warrants and agrees that information submitted for display on the Site shall not: contain fraudulent / untrue / misleading information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights; violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, unlawfully threatening or unlawfully harassing; be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; solicit business from any Users in connection with a commercial activity that competes with the Site/Company; contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or otherwise create any liability for the Site/Company or its affiliates.
- The Site reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could be liability for the Site, violates this Agreement or is otherwise found inappropriate in the Site’s opinion. The Site reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, the Site is authorized to disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and the Site/Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against the Site/Company for such disclosure. In connection with any of the foregoing, the Site may suspend or terminate the Account of any User as it deems appropriate in its sole discretion. User agrees that the Site/Company shall have no liability to User, including no liability for consequential or any other damages, in the event the Site takes any of the actions mentioned in this Section, and that User agrees to bear the risk of the actions whichthe Site may take is a need arises.
Transactions between Buyers and Suppliers
- Through the Site, the Company provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. The Site does not represent the seller or the buyer in specific transactions and does not charge any commissions fortransaction completion. As a result, the Site does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
- The Users are hereby made aware that there may be risks of dealing with people acting under false pretences. The Site uses several techniques to verify the accuracy of the information provided by the Users when they register on the Site. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing for your own benefit.
- The Site advises the Users to verify carefully the details of other Users before proceeding with any transaction, since the Site/Company is not liable for any losses caused due to the interaction/transaction with any User. A special emphasis is laid on the following scam possibilities:
- Careful scrutiny is suggested when dealing with individuals / companies based in Nigeria, Ghana, Togo, Sierra Leone, Senegal, Benin& South Africa. It is advised that the Users complete the transaction only on receipt of the complete payment in advance. It is advised that the Users do not send advance money / legal fee.
- For payments made by credit cards its advised to get the validity of the cards checked with the respective banks by asking the User to provide the Credit Card Authorization.
- It is advisable that the Users resort to completing the transaction only on realization of the payment.
- In case of request by any of the Users to submit a bid and pay up Registration / Tender / Licence Fee, it is advised that either such deal be cancelled or in case the User wishes to proceed, the same be done only after complete verification.
- Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, fraudulent schemes, misrepresentation of products and services, failure to meet specifications, unsatisfactory quality, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty / contract and transportation accidents. Such risks also include the risks that the manufacture, distribution, importation, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that the Site/Company shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or any kind of expenditures that may arise as a result of or in connection with any Transaction Risks.
- Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, warranties, shipping, returns, title, licenses, fines, permits, insurance, fees, taxes, handling, transportation and storage.
- In the event that any User has a dispute with any party regarding a transaction, such User agrees to release and indemnify the Site/Company (and our agents, affiliates, directors, officers and employees) from all claims, demands, proceedings, costs, expenses, actions and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Limitation of Liability
- The features and services on the Site are provided on an "as is" and "as available" basis, and the Site hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
- The Site makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site. IndianYellowPages.Com does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and IndianYellowPages.Com makes no representations or warranties of any kind concerning any product or service offered or displayed on the Site.
- Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from the Site or through or from the Site shall create any warranty not expressly stated herein.
- The Site shall under no circumstance be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- Each User hereby agrees to indemnify and save the Site/Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the Terms of this Agreement. Each User hereby further agrees to indemnify and save the Site/Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that the Site/Company is not responsible and shall have no liability to it, for Third Party Content, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. The Site reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Sitein asserting any available defences.
- The Site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from usage or inability to use the Services; violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may be in violation or may be asserted to violate Third Party Rights or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;unauthorized access by third parties to data or private information of any User; statements or conduct of any User of the Site; or any matters relating to Paid Services however arising, including negligence.
- The User is warned against disclosure of any personal / confidential / sensitive information to any previous or current employee of the company. The User would do so solely at his / her own risk and Site / Company shall not be liable for the outcome of any such transaction of information including and not limited to damages for loss of profits or savings, business interruption, loss of information or repute.
Intellectual Property Rights
- The Site/Company is the sole owner of all the rights to the Site and the Site Content. All title, ownership and intellectual property rights in the Site and SiteContent shall remain with the Site/Company, its affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under this Agreement or by the Site are hereby reserved.
- " IndianYellowPages.Com ","TRUSTCODE" and related icons and logos are registered trademarks or service marksor trademarks of the Site in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized modification, copy, use or publication of these marks is strictly prohibited.
Payment and Refund Issue
- All the payments would be accepted on standard modes set by the Site.
- As we at the Site keep up high interactions with our clients and carry out entire process with their approval thus there is no provision for any kind of full or partial refund. It is expressly stated that paid amount would not be refund in any circumstance.
- Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve as a reason for refund or charge back.
The User shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site ("Site Content") for the purpose of re-selling or re-distributing the Site Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with the Site, or otherwise commercially exploiting the Site Content. Such systematic compilation / retrieval of the Site Content is strictly prohibited and any User resorting to such actions will face legal action initiated by the Site/Company.
The Site is expressly disclaims liability over Third Party Content. The Site in no ways promotes / endorses any claim of the Users.
Matter of Disputes and Jurisdictional Aspects:
For any kind of legal dispute related to Indianyellowpages.com would be dealt in only territory of Delhi. All the legal issues are subjected only to pertinent contemporary's laws in force at New Delhi to the jurisdiction of courts located in New Delhi only.
Governing Law and Jurisdiction:
This Agreement and any dispute or matter arising from incidental use Indianyellowpages.com is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India.
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Indianyellowpages.com, contains the entire agreement between you and Indianyellowpages.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.