Bestbroadbandplan.in Terms Of Use
Welcome to the Bestbroadbandplan.in website (the "Site"). The following terms and conditions (these "Terms of Use") govern your access to and use of the Site, any information, text, graphics or other materials appearing on the Site (the "Content") and any services provided through the Site (the "Services"). Your access to and use of the Site, Content and/or Services are expressly conditioned on your compliance with these Terms of Use.
By accessing or using the Site, Content and/or Services, you hereby agree to follow and be bound by these Terms of Use and our Privacy Policy (http://www.Bestbroadbandplan.in/privacy-policy.cfm), which is incorporated herein by reference. If you do not agree to be bound by the terms and conditions of these Terms of Use, do not use or access the Site, Content or Services. If you are using this Site, Content or Services on behalf of another party (such as your employer), you represent and warrant that you have the authority to do so and to accept these Terms of Use on their behalf.
You represent and warrant that you are of legal age to form a binding contract, that you are legally permitted to access and use the Site, Content and Services, and that you take full responsibility for the selection and access to and use of the Site, Content and Services.
Notifications; Modification of Terms of Use
We may provide notices to you either by posting them on the Site, or by sending you a notice via email. All notices are effective upon posting. Additionally, we may revise these Terms of Use and Privacy Policy (http://www.Bestbroadbandplan.in/privacy-policy.cfm) at any time without notice to you. By continuing to access or use the Site, Content or Services after we have posted any such revisions, you agree to be bound by the revised Terms of Use. If any revision is not acceptable to you, your only recourse is to cease using the Site, Content or Services.
Guard Your Account and Passwords
You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Site or Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify Bestbroadbandplan.in of any unauthorized use of your username or password. You are responsible for keeping your account information current and accurate; Bestbroadbandplan.in will have no liability for failure to deliver notices that result from inaccurate account information.
Your Access to the Site, Content and Services
Subject to these Terms of Use, Bestbroadbandplan.in may offer certain Services, which may include, without limitation, services, tools, links and recommendations to assist you in comparison shopping for products and services related to the purchase of third party products and services. In its sole discretion, Bestbroadbandplan.in may change, suspend or discontinue access to or use of the Site, Content or Services for any reason, at any time, including the availability of any feature, database or service. Bestbroadbandplan.in may also impose limits on certain features and content available through the Site or Services or restrict your access to parts or all of the Site, Content and/or Services without notice or liability.
Your access to and use of the Site, Content and Services is at your own risk. Bestbroadbandplan.in will have no responsibility for any damages of any kind resulting from such use and will have no responsibility for any harm to your computer system, loss of data or any other harm that results from your access to or use of the Site, Content or Services.
You agree that you will not engage in any activity that interferes with or disrupts the Site, Content or Services (or the servers and networks which are connected to the Site, Content or Services). You also agree not to access (or attempt to access) the Site, Content or any of the Services by any means other than through the interface that is provided by Bestbroadbandplan.in. You specifically agree not to access (or attempt to access) the Site, Content or any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
Your Use of Site Content
You may download, view, copy and print a single copy of any Content, subject to the following: (i) the Content may be used solely for personal, informational, non-commercial purposes; (ii) the Content may not be modified or altered in any way; and (iii) your continued compliance with all the restrictions set forth in these Terms of Use. Except as expressly permitted in these Terms of Use, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the express written authorization of Bestbroadbandplan.in.
Links
The Site may contain links to third party websites or resources, which may provide access to products, content and services from third parties, including users, advertisers, affiliates and sponsors of the Site. Bestbroadbandplan.in does not control these links and links to such websites or resources do not imply any endorsement by Bestbroadbandplan.in of such websites or resources or the content, products or services available from such websites or resources. You agree that Bestbroadbandplan.in is not responsible or liable for: (i) the availability or accuracy of, such third party websites or resources; (ii) the content, advertising, products or services on or available from such websites or resources; or (iii) any opinions, advice, offers or other information on or available from such websites or resources. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Bestbroadbandplan.in is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, third party products or other content and understand that you bear all risks associated with the use of such content and any transactions you have with a third party. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Bestbroadbandplan.in is not responsible for: (a) the quality of any third party products or services; and (b) fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services. You agree that Bestbroadbandplan.in is not responsible for any loss or damage of any sort you may incur from dealing with any third party. You agree to direct any question, complaint or claim relating to a transaction to the third party merchant fulfilling such transaction.
Carrier Transactions and Charges
Your dealings with any wireless, telecommunications or other carrier ("Carrier") in connection with the Site, Content or Services, including payment for and delivery of any Content or Services, participation in any promotions offered by any Carrier, purchase of any third party products and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier. Bestbroadbandplan.in shall not be responsible or liable for any part of any such dealings or promotions.
You are solely responsible for, and Bestbroadbandplan.in will not have any liability to you for, any access or usage charges charged by a Carrier related to any third party products you purchase through use of the Site, Content or Services, including, without limitation, usage charges for telephones, handheld devices, car navigation systems, pagers and other devices, whether wireless or otherwise.
General Prohibitions
You represent and warrant that you will not do any of the following while using the Site, Content or the Services:
- Engage in any activity (including but not limited to posting, publishing or transmitting any text, graphics or material) or in a manner that (i) generates fraudulent, illegal, or otherwise invalid purchases, licenses or other transactions in connection with the Service or that constitutes an illegal, unfair or fraudulent business practice; (ii) violates, or encourages any conduct that would violate, any applicable law, statute, ordinance or regulation or would give rise to civil liability; (iii) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (iv) promotes bigotry, racism, hatred or harm against any individual or group; or (iv) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, offensive, libelous, or otherwise objectionable.
- Copy, modify or distribute the HTML code used to generate web pages on the Site;
- Use any computer viruses, worms or other potentially damaging computer programs or files on the Site;
- Access, tamper with or use non-public areas of the Site, Bestbroadbandplan.in's computer systems, or the technical delivery systems of Bestbroadbandplan.in's providers;
- Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Bestbroadbandplan.in or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox);
- Frame or link to the Site, except as may be expressly permitted in writing by Bestbroadbandplan.in;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content or Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;
- Send unsolicited email, bulk email, junk mail, "spam" or chain letters, or promotions or advertisements for products or services;
- Post any information for which you were compensated or granted any consideration by any third party;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;
- Impersonate or misrepresent your affiliation with any person or entity; or
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any other user.
You are responsible for all of your activity in connection with the Services, Content and accessing the Site. Bestbroadbandplan.in will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Bestbroadbandplan.in will involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Bestbroadbandplan.in has no obligation to monitor your access to or use of the Site, Content and Services, or any information you may provide during your use of or access to the Site, Content and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Your Use of Forums and Public Communication
"Forum" means a discussion group, chat area, mail bag, recommendation and ratings section, user reviews, bulletin board, news group, communication with Bestbroadbandplan.in and its webmaster or employees, or e-mail function that is, or may be, offered as part of the Site or Services. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (i) is false or misleading; (ii) is defamatory; (ii) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (iv) is obscene; (v) infringes another's rights, including but not limited to intellectual property rights (including trademark, trade secret, patent or copyright) or rights of publicity; or (vi) violates any applicable laws or regulations. Forums shall be used in a noncommercial manner only.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Bestbroadbandplan.in, you automatically grant (or warrant that the owner of such rights has expressly granted) Bestbroadbandplan.in a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
Feedback
You may from time to time provide feedback to Bestbroadbandplan.in related to the Site, Content or Services. Such feedback may include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments, discoveries and suggestions (collectively "Feedback"). You hereby grant Bestbroadbandplan.in a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, transmit and otherwise use and dispose of such Feedback.
Bestbroadbandplan.in Property
Except as expressly permitted in these Terms of Use, you will not earn or acquire any rights or licenses in the Site, Content or Services on account of these Terms of Use. You acknowledge and agree that Bestbroadbandplan.in and its licensors own all right, title, and interest in and to the Site, Content and Services, including all intellectual property rights therein, even if Bestbroadbandplan.in or its licensors incorporate any Feedback into subsequent versions of the Site, Content or Services. The Site, Content and Services are protected by copyright, trademark and other laws of both India and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Site, Content or Services.
Termination of Use
If you violate any of these Terms of Use, your permission to use the Site, Content and Services will automatically terminate. You agree that Bestbroadbandplan.in may, in its sole discretion, at any time revoke your access to and use of the Site, Content and Services, and any account(s) you may have in connection with the Site, with or without cause. Bestbroadbandplan.in also reserves the right to cease providing or to change the Site, Content or Services at any time and without notice.
Indemnity
You agree that you will be personally responsible for your use of the Site, Content and Services, and you agree to defend, indemnify and hold Bestbroadbandplan.in, and its respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Bestbroadbandplan.in Entities"), harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Site, Services and/or Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and (iv) any disputes or issues between you and any Carrier. Bestbroadbandplan.in reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Bestbroadbandplan.in's defense of such claim.
The Site, Content & Services are Available "AS-IS"
THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE BESTBROADBANDPLAN.IN ENTITIES EXPLICITLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE, CONTENT OR SERVICE ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, CONTENT OR SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, CONTENT OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
THE BESTBROADBANDPLAN.IN ENTITIES MAKE NO WARRANTY THAT: (i) THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, CONTENT OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, CONTENT OR SERVICES WILL MEET YOUR EXPECTATIONS, WILL BE ACCURATE, INTEROPERABLE, COMPATIBLE, TIMELY, TRUTHFUL, COMPLETE OR RELIABLE.
ALL ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, IS "AS IS" AND NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED FROM THE BESTBROADBANDPLAN.IN ENTITIES OR THROUGH THE SITE, CONTENT OR SERVICES, WILL CREATE ANY WARRANTY.
THE BESTBROADBANDPLAN.IN ENTITIES ARE NOT RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED UPON THE SITE, CONTENT OR SERVICES. THE BESTBROADBANDPLAN.IN ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE, CONTENT OR SERVICES, AND MAKE NO COMMITMENT OR WARRANTY TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP CURRENT THE INFORMATION CONTAINED IN THE SITE, CONTENT OR SERVICES. IT IS YOUR RESPONSIBILITY TO TAKE APPROPRIATE DUE DILIGENCE TO ENSURE THAT THIS INFORMATION IS SUITABLE FOR YOUR PURPOSES, INCLUDING WITHOUT LIMITATION TO IMPLEMENT ANY PRODUCTS OR SERVICES BASED ON SUCH INFORMATION.
BESTBROADBANDPLAN.IN RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO ADDING TO, DELETING, CHANGING OR IMPROVING ANY OF THE INFORMATION, SERVICES, PROGRAMS, INTERFACES AND TECHNOLOGY, AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE BESTBROADBANDPLAN.IN ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SITE, CONTENT OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE BILSHRINK HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE BESTBROADBANDPLAN.IN ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE BESTBROADBANDPLAN.IN ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE BESTBROADBANDPLAN.IN ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO BESTBROADBANDPLAN.IN FOR ACCESS TO AND USE OF THE SITE, CONTENT OR SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BESTBROADBANDPLAN.IN AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Severability
In the event that any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Waiver
The failure of Bestbroadbandplan.in to enforce any right or provision of these Terms of Use will not be deemed a wavier of such right or provision.
Applicable Laws
Bestbroadbandplan.in operates the Site from its offices in Bangalore, and makes no representations that materials in the Site, Content or Services are appropriate or available for use in other locations. Access to the Site, Content or Services from any territory where the content is illegal is prohibited. If you choose to access the Site, Content or Services from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site, Content or Services alone does not subject Bestbroadbandplan.in to any specific jurisdiction.
These Terms of Use and all matters relating to your access to, and use of, the Site, Content and Services shall be governed by Indian law without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site, Content or Services shall be instituted in a court in India.
General
These Terms of Use constitute the entire and exclusive understanding and agreement between you and Bestbroadbandplan.in regarding your use of and access to the Site, Content and Services, and may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer these Terms of Use, in whole or in part, by operation of law or otherwise, without the prior written consent of Bestbroadbandplan.in. Bestbroadbandplan.in may assign these Terms of Use at any time without notice. These Terms of Use will bind and inure to the benefit of Bestbroadbandplan.in's permitted successors and assigns. The failure to require performance of any provision shall not affect Bestbroadbandplan.in's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright & Trademark Information
Copyright � 2009 Bestbroadbandplan.in, Inc. All rights reserved.
Contact Information
If you have any questions regarding these Terms of Use or the Site, please contact Bestbroadbandplan.in here.
Effective: March 01, 2009