Terms and Conditions
PLEASE READ, UNDERSTAND AND ACCEPT THESE TERMS OF USE BEFORE USING THIS SITE.
Any complaints or grievances regarding the use or information posted on this Site, may be sent to support@mshoppingguide.com
1. YOUR ACCEPTANCE OF THIS AGREEMENT
1.1.This Site www.mshoppingguide.com and/or any part thereof ("Site") is owned by "The Malayala Manorama Co. Ltd", ('Site Owner")Site Owner ("Site Owner", , "we", "us" or "our") provides the Site Owner Services to you ("you" or "your") subject to the terms of this legal agreement between you and Site Owner. To use the Services (defined below), you must first agree to and accept these Terms of Service and Use Agreement ("Terms"). Where such express opportunity to agree to the Terms is not present, your use of the Site and Services (or any part thereof) shall constitute your agreement to the Terms and your obligation to comply with their requirements. The Site Owner hereby grants the User a non-exclusive, non-transferable, limited license to use the Site, subject to the unconditional acceptance of the Terms governing this Site. The User hereby agrees to familiarize himself/herself with the Terms as well as other terms and guidelines found throughout this Site and abide by them. If the User is dissatisfied with the Site or any portion thereof, or with any of these Terms, the User's sole remedy is to discontinue using this Site.
1.2 By registering, you certify that all information you provide, now or in the future, is accurate. Your registration in the site is valid for 90 days from the date you first login and is automatically renewed for a period of 90 days every time you login thereafter. If you do not login at the site for a continuous period of 90 days your registration could be automatically cancelled. www.mshoppingguide.com reserves the right, in its sole discretion, to deny you access to this site or any portion thereof without notice for the following reasons
(a) immediately by the site for any unauthorized access or use by you
(b) immediately by the site if you assign or transfer (or attempt the same) any rights granted to you under this Agreement;
(c) immediately, if you violate any of the other terms and conditions of this User Agreement
1.3.The Site is deemed to be used by the User when it is accessed by the User by any means and/or when it is loaded and/or continues to be loaded in the temporary or permanent memory of the User's computer or a similar system or in the internet browser thereof. The Site Owner's own records of the use of the Site and transactions concluded therein, maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. The User's use of this Site may be terminated at any time by Site Owner at the sole and absolute discretion of the Site Owner, without any reason or notice being required to be given to the User
1.4.Site Owner provides users with access to a wide range of Internet-based, interactive information services, general and personalized content, and interactive tools (the "Services") which are accessible through the Site by all methods and technological mediums currently or prospectively developed. Your use of theSite and Service are, at all times, subject to all the Terms set forth herein as well as the policies and guidelines of Site Owner that may be posted and modified from time to time, all of which are considered part of these Terms, including, without limitation, the Privacy Policy.
1.5.By using the Site and Services you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with Site Owner and are not otherwise prohibited from using or receiving the Site and Services pursuant to the laws of the local or national jurisdiction from which you are accessing or using the Site and Services. If you are not able to make the representations in the preceding sentence you are prohibited from using the Site and Services, however, any unauthorized use of the Site and Services by you shall be subject to these Terms until such unauthorized use has been terminated. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services represents their acceptance of the Terms.
1.6.We recommend that you retain a copy of these Terms in either electronic or tangible format for your subsequent reference. If you would like a printed copy of these Terms, it is your responsibility to use the print function available to you by means of your personal technology resources.
1.7.The User understands and acknowledges that the Site is intended to be an internet location through which the User may access information carried by Site in the database maintained by it. The term "Service" would include the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term Service does not mean that the Site Owner is acting as an agent either express or implied on behalf of any person.
2. CHANGES TO THESE TERMS
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site or Services after such revisions have been posted signifies your consent and agreement to the modified Terms.
3. LIABILITY DISCLAIMER :
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN.THE SITE SHALL NOT BE LIABLE FOR THE DAMAGE CAUSED TO THE READER DUE TO THESE ERRORS.
www.mshoppingguide.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. Www.shoppingguide.com (AND ITS OWNERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS, EMPLOYEES OR ANY OTHER ASSOCIATED ENTITIES, ALL COLLECTIVELY REFERRED TO AS ASSOCIATED ENTITIES HEREAFTER) SHALL NOT BE LIABLE TO USER OR MEMBER OR ANY THIRD PARTY SHOULD www.mshoppingguide.com EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEBSITE.
IN NO EVENT SHALL www.mshoppingguide.com AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF www.mshoppingguide.com OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
DEALER OFFERS ARE DIRECTLY OFFERED FROM THE DEALER END AND THE SITE WILL NOT IN ANY WAY BE RESPONSIBLE FOR THE SAME.
THE RELIABILITY OF THE PRODUCT/BRAND/DEALER IS NOT GUARANTEED BY THE SITE.
4. PROVISION OF THE SERVICES BY SITE OWNER
4.1.From time to time and without prior notice to you, we may change, expand and improve the Site and Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Site. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site and Services do not entitle you to the continued provision or availability of the Site and Services.
4.2.You may be required to register and create an account ("Account") with Site Owner in order to access certain features of the Site and Services. Information gathered through the registration process and information related to your account will be subject to these Terms as well as to our Privacy Policy. You represent and warrant that all information provided by you when creating an Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. You represent and warrant that you are at least 18 years old. Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Services. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account and the Services.
4.3 We use a diverse range of proprietary and authorized third party information, listings, directories, text, advertisements, User Generated Content, photographs, designs, graphics, images, sound and video recordings, animation and other material and effects (which we collectively call the " Material ") on the Site and as part of the Services FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. Accordingly, you may view, use, copy, and distribute the Material found on the Site or obtained by means of the Services for individual, noncommercial, informational purposes only and in compliance with the Terms and all applicable laws.
4.4. By using the Site and Services, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for your own personal, non-commercial use) from the Site without the prior written consent of Site Owner. In addition, you will not use the Material for any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning. You acknowledge that your use of the Site and services to enable the transmission of unsolicited voice messages, facsimiles or emails is in violation of these terms and may be in violation of united federal and state laws and regulations that may subject you to penalties under applicable laws.
4.5. You are prohibited from data mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries/reiviews to the Site, or from using other similar methods and tools to gather or extract data from the Site, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion.
4.6.You may not use the Site and Services to compile data (or any other portion of the Material). You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Site and proper operation and usage of the Services by any other authorized users and third parties.
4.7.You are prohibited from modifying or obscuring the manner in which the Site are displayed or the Services are used, including framing, scraping or any other technique that would alter the visual display of the Site or the visual display of the Services and Material. You may not obscure advertisements displayed as part of the Site and Services, nor modify the advertisements and listings in a way that is unauthorized. Unless expressly authorized by Site Owner in our sole and absolute discretion, you may not link to the Site or any portion of the Services (including deep linking to a specific portion of the Site). You are not permitted to script searches or search results of the Site in a manner that results in the automated display of Material on a third party Site.
4.8. Do not submit, post or otherwise transmit to us information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy ) from disclosure.
5. DELAYS IN SERVICES:
Neither www.mshoppingguide.com (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The site shall have no responsibility to provide you access to www.mshoppingguide.com while interruption of www.mshoppingguide.com is due to any such cause shall continue.
6. USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:
If this Web site may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Conduct or forward surveys, contests, or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. All Forums are public and not private communications. Reviews, chats, postings, conferences, and other communications by other users are not endorsed by the site, and such communications shall not be considered reviewed, screened, or approved by the Site. All the reviews or comments made by the user are moderated by the site. www.mshoppingguide.com reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.
7. EQUIPMENT AND OPERATION
You shall provide and maintain all telephone/internet and other equipment necessary to access the Site, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access www.mshoppingguide.com
8. INTELLECTUAL PROPERTY NOTICE
8.1.Any and all intellectual property rights associated with the Site, Services and the Material, including the design, text, graphics, pictures, video, information, applications, software, music, sound, and other files contained therein or related thereto, and the arrangement thereof, and/or contained in the Site, including, without limitation, the Site Owner company names and logos and all related products and service names, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (collectively, the "Intellectual Property"), are the sole property of Site Owner, its wholly-owned subsidiaries, affiliates, or third parties. Except as expressly and unambiguously provided herein related to Dealer Generated Content, you do not possess, and Site Owner does not grant to you, any express or implied rights to any Intellectual Property and all such rights are retained by Site Owner, its subsidiaries, parent companies, affiliates and/or any third party owner of such rights. All authorized copies that you make of the Material or the Site must bear any copyright, trademark or other proprietary notice located on the Site that pertains to the Material being copied, and you agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained therein. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of or access to Site, Services and Material.
9. LINKS TO THIRD PARTY SITES
The links in this site will allow you to leave www.mshoppingguide.com. The linked sites are not under the control of www.mshoppingguide.com. Www.mshoppingguide.com has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by www.mshoppingguide.com of the site. Third party links to the Site shall be governed by a separate agreement.
10.SEARCH RESULTS
Certain Services and Material accessible on the Site include search results that may combine advertising and sponsored business listings ("Paid Advertising Content") with other business listings that are not Paid Advertising Content. Depending on the text of user-provided search terms, Paid Advertising Content will be included in a search results list intermingled with other search results. We do not undertake to identify which content, if any, is Paid Advertising Content, however, you agree and acknowledge that results may be displayed in an order or manner which gives priority to Paid Advertising Content.
11. INDEMNIFICATION:
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS www.mshoppingguide.com (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO: (a) your access and use of the Site. (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by www.mshoppingguide.com
12.TERMINATION
12.1.We may terminate this Agreement, or terminate or suspend your access to the Services, at any time, with or without notice or cause. Upon termination or suspension, your right to access the Site and use the Service will immediately cease. We may discontinue, temporarily or permanently, the Services, with or without notice.
12.2.We reserve the right to terminate, suspend, or restrict your access to the Site and your use of the Services, in whole or in part, unilaterally and without notice, in the event that you violate any of the Terms. If asked to do so, you agree that you will not attempt to access the Site or attempt to utilize the Services by any alias or other disguised or fraudulent identity.
13.REMEDIES AVAILABLE TO US
13.1.Site Owner reserves the right to seek any and all remedies available at law or in equity in connection with a violation of these Terms.
13.2.Site Owner reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted Material, IP addresses and traffic information which are also governed by the Privacy Policy.
13.3.You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.
13.4.Nothing in these Terms is intend to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred. Your use of the Services and Site (including any establishment of an Account or submission of User Generated Content) does not create any partnership, agency, joint venture, fiduciary or other similar relationship between Site Owner and you.
14.SEVERANCE
14.1.If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, the provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect and remain fully enforceable.
15.MISCELLANEOUS
15.1.You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Services.
15.2.The Site, these Terms and the User's use of the Site is governed solely by Indian law irrespective of where the whole or any part of the data or Site may be physically located and without regard to conflict of law principles in other jurisdictions. Use of this Site is unauthorized and prohibited in any jurisdiction that does not give effect to all provisions of these Terms including without limitation, this paragraph. The Site Owner accepts no liability whatsoever, direct or indirect for non-compliance by the User with the laws of any country. The User agrees that the Courts in Kottayam, Kerala, India, alone shall have jurisdiction with regard to any dispute between the User and the Site Owner excluding all other Courts anywhere in the world that may otherwise have had such jurisdiction.
15.3.Except as expressly stated herein, the Terms constitutes the entire agreement between you and Site Owner with respect to the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and Site Owner with respect to the Services and/or the subject matter of these Terms.
15.4.Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Site Owner. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms