TERMS AND CONDITIONS FOR USE

 

 

ANYONE USING THIS WEBSITE SHALL BE DEEMED TO HAVE READ THIS AGREEMENT AND UNDERSTOOD IT AND BY FURTHER CLICKING ON THE APPROPRIATE DIGITAL BUTTON HAS ACCEPTED TO USE THIS WEBSITE AND THE SERVICE/S AND PRODUCTS OFFERED UNDER IT STRICTLY ACCORDING TO TERMS AND CONDITIONS SET OUT HEREUNDER: 

 

  1. GENERAL

 

  1. This Agreement sets out the legally binding terms for your use of this website and governs the terms and conditions of your membership.
  2. This Agreement may be modified by AREA ONLINE SERVICES INDIA PRIVATE LIMITED. who is the owner and manager of the Website www.areaonline.in and its contents from time to time, effective upon notice to you as a Visitor, Guest, User and/or Member.
  3. If you wish to become a Member and communicate with other Members and make use of the Products and Services offered by www.areaonline.in “Service”, read these “Terms and Conditions” of Use and follow the instructions for the Registration process as guided by the Site.  We reiterate that If you visit or sign up with www.areaonline.in it is presumed and understood that you fully accept and are bound by all these Terms and Conditions.

 

  1. APPLICABLE LAW

 

  1. This site is created and controlled by AREA ONLINE SERVICES INDIA PRIVATE LIMITED. which is a company registered under provisions of Indian Companies Act 1956 and now governed by the Companies Act 2013 having its registered address in the Indian State of Maharashtra; the use of the website www.areaonline.in shall be governed by the laws, rules and regulation including Cyber Laws prevalent and in force in India and as such the general laws in force in India shall apply.  The courts, tribunals, judiciary and/or quasi judiciary authorities which are subordinate to the Honourable High Court at Bombay India shall alone have jurisdiction over the matters. 
  2. In case a Dispute is referred to the Arbitration; the Arbitration shall be by Sole Arbitrator who shall be appointed by mutual consent or appointed by the Honourable High Court at Bombay under the provisions of Arbitration and Conciliation Act 1996 amended till date. The Seat of Arbitration shall be Mumbai, Maharashtra and language of Arbitration shall be “English” (Even if there are submissions made in a language different from English the English translation/s shall prevail). All laws of contract/s and Commerce shall be subject to the provisions of the Indian Laws and shall be interpreted accordingly. This shall be applicable even if, for the sake of convenience, the seat of Arbitration is outside India. The above-mentioned AREA ONLINE SERVICES INDIA PRIVATE LIMITED and www.areaonline.in in respect of all the terms, conditions and Disclaimers reserves the right to make changes to the site and the terms, conditions and disclaimers thereof.

 

LAW GOVERNING MEMBERSHIP    

The Membership is deemed to have been entered into at Mumbai, Maharashtra, India and provisions of the laws of India, in force, will govern the Membership rights and liabilities. All disputes arising out of or in any way affecting the Membership as also including interpretation of any of the terms shall be referred to Arbitration consisting of a Sole Arbitrator in appointed either by Mutual Consent or by Honourable High Court at Bombay under the provisions of the Arbitration & Conciliation Act 1996 – amended up to the date. This shall be applicable even if the Seat of Arbitration is choosing, for sake of convenience, outside India. The Seat normally shall be in Mumbai, Maharashtra India and Language of Arbitration shall be English (Even if there are submissions made in a language different from English the English translation/s shall prevail).

 

  1. ELIGIBILITY

 

You Represent, Warrant and Declare that you are competent and eligible to enter into a legally binding agreement as per the Indian Contract Act 1872 and have the requisite authority to bind the Entity, Institution, Company, Registered/Unregistered AOP, Registered/Unregistered Society, Trust and/or the Firm, as the case may be, who seeks to use the Product/s and/or the Service/s of this Website to this Agreement. You shall not use these Product/s and/or Service/s if you are not competent to contract under the applicable Indian Laws, Rules and Regulations. By registering on www.areaonline.in you explicitly understand this and further also agree that;

  1. Your age on the date of Registration or Use of the Site should be above 18 years. If you are a minor; i.e. under the age of 18 years, you may use www.areaonline.in only with the involvement of a parent or guardian.
  2. You are not disabled by any law from entering into a contract;
  3. You have gone through the “Terms and Conditions” and agree to be bound by them.

 

  1. MEMBERSHIP

 

  1. Membership is not automatic: The right of admission vests with AREA ONLINE SERVICES INDIA PRIVATE LIMITED and/ or www.areaonline.in at its/their sole discretion. You become a Member only upon due acceptance of your Profile by the AREA ONLINE SERVICES INDIA PRIVATE LIMITED management or management of www.areaonline.in and only upon receipt of the required Payment by www.areaonline.in and /or AREA ONLINE SERVICES INDIA PRIVATE LIMITED as the case may be;
  2. Our membership is only for personal use. It is not to be directly and/or indirectly assigned, transferred or licensed so as to be used by any other person/entity;
  3. You may terminate your membership at any time, for any reason by writing to info@areaonline.in We have at any stage at our option and discretion right to refuse and/or reject and/or terminate and/or cancel the membership without assigning any reasons.
  4. www.areaonline.in and/or may terminate your access to the Site and/or your membership and/or services for any reason effective upon sending you a notice on the e-mail address you have provided in your application for Membership or any other such e-mail address as you may later provide to www.areaonline.in However, AREA ONLINE SERVICES INDIA PRIVATE LIMITED reserves the right, in its sole discretion, to terminate your access to the Website and the related service/s or any portion thereof at any time, without Notice. The provisions of Sections 13, 14, 15, 16 and 18 of the Indian Contract Act, 1872 shall survive any such termination.
  5. www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED may, at any time, modify the Terms and Conditions without any prior Notice or intimation to you.  You can access the latest version of the Terms at any given time. You are expected to regularly review the Terms and Conditions and you are expected to do so at “regular intervals”. In the event, the modified Terms are not acceptable to you; you should discontinue using the services. However, if you continue to avail the Services provided by the website, you irrevocably and unconditionally, agree to accept and abide by the modified Terms and Conditions.

 

  1. REGISTRATION DATA

 

  1. To avail of and use the Services you will have to register with www.areaonline.in As a part of Registration process, you agree to provide to us complete and accurate registration information (hereinafter referred to as “Registration Data”) and time to time update the same.
  2. If you provide any information that is untrue, inaccurate, not current or incomplete or if the management of www.areaonline.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or is incomplete, www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED has the right to indefinitely suspend or permanently terminate your membership without giving any Notice or without assigning any reasons. Upon such termination, www.areaonline.in shall refuse to provide you with access to www.areaonline.in and its products and/or services. 

 

  1. CONFIDENTIALITY

 

  1. Members are advised to make appropriate enquiries before acting upon any contact. www.areaonline.in does not vouch for or subscribe to the claims and representations made by any one including members, users, subscribers or visitors to www.areaonline.in Also, www.areaonline.in will maintain confidentiality about personal information (other than that which is meant for posting or transmission) furnished by the Members;
  2. www.areaonline.in may divulge such information if required by law or demanded by competent Authorities;
  3. By agreeing to register at www.areaonline.in and/or its consortium of portals, a user allows www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED to get in touch with him/her from time to time for any events and/or offers. This could include offers, information, as well as promotions;
  4. www.areaonline.in can use your e-mail address and/or Telephone number provided by you for this purpose;

 

 

  1. LICENSE AND SITE ACCESS

 

  1. www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED grants you a limited license to access and make personal use of this Website and not to Download (other than page caching) or modify it, or any portion of it, except with express written consent of management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website and/or its contents; any Downloading or Copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, re-sold, visited, or otherwise exploited for any commercial purposes.
  2. You shall not frame or utilize framing techniques to enclose any Trademark, Logo or any other proprietary information (including images, text, page layout, or form) of www.areaonline.in and our affiliates without prior express written consent of management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED.
  3. You shall not use any Meta tags or any other “hidden text” utilizing www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED.’s name or trademarks without the prior express written consent of management of www.areaonline.in and /or AREA ONLINE SERVICES INDIA PRIVATE LIMITED.
  4. Any unauthorized use terminates the permission or license granted by www.areaonline.in for any purpose to you. You shall not directly and/or indirectly use www.areaonline.in and /or AREA ONLINE SERVICES INDIA PRIVATE LIMITED.’s logo or any other proprietary Graphic or Trademark as part of the link without express written permission from the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED.

 

  1. PROPRIETARY RIGHTS IN THE CONTENT ON www.areaonline.in

 

Management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. owns and retains other proprietary rights in the www.areaonline.in website and other affiliated Websites and/or Products/s and Service/s offered therein. The Site contains the copyrighted material, trademarks, Intellectual Property Rights and other proprietary information of www.areaonline.in and the product/s and service/s offered by them, and its licensors.  Except for that information which is in the public domain or for which you have been given express written permission, you shall not directly and/or indirectly copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

  1. PLATFORM FOR COMMUNICATION

 

  1. It is well understood that the Website is only a venue where users may meet and interact with one another for their transaction/s. We do not and cannot be a party to or, control in any manner, any transaction between two users of the website. The use of the website by you shall be entirely at your risks, costs and consequences thereof. Consequently, the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. are not responsible for any non-performance or breach of any contract entered into between users. management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED cannot and do not guarantee that the concerned users will perform any transaction/s concluded on the website satisfactorily. management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. shall not and are not required to mediate and/or to resolve any Dispute or Disagreement between its users.
  2. Also, management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED.  do not make any Representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the service proposed and/or suggested and/or offered on the Website. In particular, management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. do not, implicitly or explicitly, support or endorse, any transactions/services on the Website.  management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED.  accept no liability for any errors or omissions, whether on behalf   of Website or third-parties.
  3. Management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. do not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of our Users. You are advised and required to independently verify the bona fides of any particular User that you choose to deal with on  the Site and use your best judgment in that behalf.
  4. Management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. will not be responsible for anything in that regard or for the outcome and/or consequences of your judgment or Mis-judgement and/or error.
  5. This Website is a channel of communication whereby the users can reach a larger base to avail Services but at their own Risks as to the costs and consequences thereof.
  6. Management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. are only providing a platform for communication and it is agreed that the contract for any transactions/services shall be a strictly bipartite contract between the Users/Members without involving us.
  7. At no time shall any Right, Title or Interest over the Terms of the contract entered into by the two parties (users and/or members) vest in management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. nor shall they have any obligations or liabilities in respect of such contract.
  8. Management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. are not responsible for unsatisfactory or delayed performance of Services or non-performance of Services.
  9. You (User and/or Member) release and indemnify the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED and/or all or any of their officers and representatives from any claims as to costs, damages, liability or other consequences of any of the actions of the users of the Website and specifically waive any claims that users/ members/ visitors may have in this regard, under any applicable law by which this Agreement is governed.
  10. Notwithstanding reasonable efforts put up by the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. and their officials in that behalf, management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. cannot control the information provided by other Users which is made available on the Website.
  11. User, Member and /or any Visitor may find other user’s information to be offensive, harmful, inaccurate, false or deceptive or inappropriate. Please use caution, common sense and safe practices while using the website.
  12. Please note that there are also risks of dealing with unwanted and wrong people as also with people of unsocial elements. You may report any content which you may find offensive by writing to us at info@areaonline.in and we shall verify the same and take necessary action as we may deem fit in our sole discretion.

 

  1. CONTENT POSTED ON THE  SITE

 

User/Member/Visitor understands and expressly agree that management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. may delete any content, messages, photos or profiles (collectively, “Content”) which are, in their sole judgment are in violation of the Terms of Use or which they regards could be offensive, false, illegal, against public interest, discriminative, material which might offend sensibility or spread collective Negativity and/or that which might violate the rights, harm, or threaten the safety of www.areaonline.in and/or its Members  and/or general public at large.

 

  1. COPYRIGHT POLICY

 

  1. Nobody shall post, distribute, and/or reproduce, in any manner, any copyrighted material, Trademarks, and/or any other Proprietary information without obtaining  the prior written consent of the owner of such Proprietary Rights.
  2. Without limiting the foregoing, if you believe that your work has been copied and posted on the www.areaonline.in in a way that constitutes copyright infringement, please provide us and our representatives with the following information:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright  interest;
      2. A description of the copyrighted work that you claim has been infringed;
      3. A description of where the material that you claim is infringing is located on our Site;
      4. Your address, telephone number and e-mail address; a written statement by you that you have good faith/ belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or  authorized to  act  on  the  copyright owner’s behalf.

The management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED can be reached by writing to the address located under the Help/Contact section on the site. All the contents included on this Site, such as Text, Graphics, Logos, Button icons, Images, and Audio Clips, Digital Downloads, Data Compilations, and Software is exclusively the property of management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED or its content suppliers and is protected by Indian and International Copyright laws.

  1. The compilation of all content on this Site is the exclusive property of the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED and is protected by Indian and International copyright laws.
  2. All software used on this Site is exclusive property of the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED and/or its software suppliers and protected by Indian and International Copyright Laws.

 

  1. LIMITATION OF LIABILITY

 

  1. The management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED has made available this Service as a matter of convenience. We expressly disclaim any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or    a picture or altering or distorting the images available under this Service in an obscene, vulgar or pornographic manner. User expressly and irrevocably agrees and acknowledges that the user shall be solely responsible for his/her conduct and agrees to indemnify and hereby indemnifies the Website and management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED from any legal actions in relation to such acts
  2. The management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. reserves the right to terminate your rights to use the Service immediately in case of you uploading of any obscene, vulgar or pornographic images, photographs or pictures or altering or distorting the images available under this Service in an obscene, vulgar or pornographic manner, notwithstanding penal provisions under the Indian Cyber laws in force or any other allied Laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.
  3. In no event shall the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. be  liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Sites/Services for interrupted communications, delay,  lost data or  lost profits arising out of or in connection with this Agreement, even if the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. has  been  advised of the possibility of  damages, or  inability to  use the Websites/Services or related Services, the provision of or failure to  provide Services, or  for any information, software, products, services and related graphics obtained through the other Sites/Services, or otherwise arising out of  the use of the other Sites/Services, whether based on contract, tort, negligence, strict liability or otherwise, even if www.areaonline.in or any of its suppliers have been advised of the possibility of damages www.areaonline.in does not endorse in anyway any advertisers contents of advertisers on its Web-Pages.
  4. If you use this Site, you are responsible for maintaining the confidentiality of your Account and Password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account and password. www.areaonline.in and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel subscription in their sole discretion.

 

  1. DISCLAIMER

 

 The information about the Services on our Site are provided by Area  Online.in on the basis of the information received from third parties and are on an “as is where is” basis. The management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. makes no representations or warranties of any kind, express or implied, as to the operation of the Website, the information, content, materials or Services included on this Site. To the full extent permissible by applicable law, the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. Disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. The management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. will not be liable for any risk that you undertake with respect to damages of any kind arising from the use of this Site or any of the Services offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. www.areaonline.in only provides the platform for the Services and does not, directly or indirectly, render such Services. management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. expressly disclaims any warranties whether express or implied about the suitability, reliability, availability, timeliness, quality, continuity, performance, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Sites/Services for any purpose.  All such information, software, products, services and related graphics are provided on “as is basis” without warranty of    any kind. The management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED hereby disclaims all warranties and conditions with regard to this Service, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Users specifically agree that the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED shall not be responsible for unauthorized access to or alteration of your transmission/s or data, any material or data sent or received or not sent or received, or any transactions entered into through our Website/Service. User specifically agree that the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other user or any infringement of another’s rights, including intellectual property rights. Users specifically agree that the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED is not responsible for any content sent using and/ or included in our website/Service by any third party.

 

  1. INDEMNITY

 

User agrees to defend, hold harmless indemnify and hereby indemnifies, the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED, its employees, Directors, Officers, Agents and their Successors and Assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including advocates and attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to  the non-fulfillment of  any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited   to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

 

  1. SUGGESTIONS, COMPLAINTS, AND DISPUTES

 

Suggestions and Complaints related to Login details or Registration are to be first addressed to customercare@areaonline.in 

Any Customer facing Issues related to Payment Gateways are to be addressed to info@areaonline.in

 

  1. ELECTRONIC COMMUNICATIONS

 

When you visit www.areaonline.in or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all Agreements, Notices, Disclosures and other Communications that the management of www.areaonline.in and/or AREA ONLINE SERVICES INDIA PRIVATE LIMITED. provides to you electronically satisfy any legal requirement that such communications be in writing.