THIS WEBSITE TERMS OF USE (“TERMS OF USE”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT. THIS TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF USE ARE A LEGALLY BINDING DOCUMENT BETWEEN USER AND EMAHO MAGAZINE (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND EMAHO MAGAZINE FOR THE USE OF THE WEBSITE (DEFINED BELOW).
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.
These Terms of Use of this website and/or mobile application (the Website) is between EMAHO CREATION PVT. LTD. (hereinafter referred to as ” EMAHO MAGAZINE ” or “We” or “Us” or “Our”) and the guest users or registered users of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which EMAHO MAGAZINE offers You access to the Website and such Content as are incidental and ancillary thereto (“Content”)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.
These Terms of Use together with the Privacy Policy and with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)”) constitute the entire agreement upon which You are allowed to access and use the Website and avail the Content.
If you are accessing the mobile application or accessing the Content through the mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple’s iTunes, Android’s play store, Microsoft’s store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.
1.1 EMAHO CREATION Private Limited is a company incorporated under the laws of India, with its registered office at DEHRADUN, UTTARAKHAND, INDIA. 248001
1.2 These Terms of Use are subject to revision by EMAHO MAGAZINE at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when EMAHO MAGAZINE last modified any part of the Agreement by referring to the “Last Updated” legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. EMAHO MAGAZINE may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
1.3 If there is any conflict:
(i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence’ but only to the extent of the conflict;
(ii) between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;
(iii) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.
2.1 Content for the purpose of these Terms of Use means and includes the Website and the processes, their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music, video artwork, computer code and any literary work, cinematographic film, artistic or musical work or any other type of work as defined under the Copyright Act, 1957 as published on the Website.
2.2 You the User acknowledge that EMAHO MAGAZINE is the sole copyright owner/licensee of the Content and undertake at not to reproduce the Content except with the permission of EMAHO MAGAZINE. Users may view the Content so provided on the Website.
2.3 The Website is an electronic platform wherein EMAHO MAGAZINE provides Users with original and licensed Content for their own personal consumption.
3.1 You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Content under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between EMAHO MAGAZINE and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
3.2 EMAHO MAGAZINE reserves the right to refuse access to the Content offered on the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
4.1 You may access and use the Website and view the Content either as a registered user or as a guest user. However, not all sections of the Website and/ or Content may be accessible to guest users.
4.2 Registered users: EMAHO MAGAZINE makes certain sections of the Content available to You through the Website only if You have provided EMAHO MAGAZINE certain required User information and created an account and username and password (“Account”). In the event You register as a User by creating an Account in order to access the Content, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify EMAHO MAGAZINE of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. EMAHO MAGAZINE cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by EMAHO MAGAZINE or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for accessing Content is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or EMAHO MAGAZINE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EMAHO MAGAZINE has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website .
4.3 Guest users: The Website also allows limited access to the Content for unregistered Users (also called as ‘guest users’). However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
4.4 You may be required to provide certain personal information and EMAHO MAGAZINE may collect certain personal information. Your provision of, and EMAHO MAGAZINE’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by EMAHO MAGAZINE’s privacy policy, (“Privacy Policy”).
5.1 Presently, EMAHO MAGAZINE does not levy any fee for browsing the Website or buying the Products on the Website or viewing Content on the Website. EMAHO MAGAZINE may charge Users certain fees for the use of the Website as a whole, or certain features of the Website. You agree to pay any such fees, as may be applicable to the services that You use. EMAHO MAGAZINE will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website, as well as the amount of fees payable by You for any such use of the Website. You agree that EMAHO MAGAZINE may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.
5.2 You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. EMAHO MAGAZINE expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
5.3 EMAHO MAGAZINE may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) in the course of a single transaction. However, EMAHO MAGAZINE shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by EMAHO MAGAZINE with its bank from time to time.
5.4 For Your making payments for buying any products on the Website or access to the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and EMAHO MAGAZINE does not control the same and shall be liable for the same.
5.5 Payment Facility for Your orders: EMAHO MAGAZINE may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of EMAHO MAGAZINE ‘s fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
6.1 Subject to compliance with the Agreement(s), EMAHO MAGAZINE grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website.
6.2 You agree to use the Website and the Content provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (including Content) that You access on the Website in accordance with clause 7.
6.4 You agree not to access (or attempt to access) the Website or Content by any means other than through the interfaces that are provided by EMAHO MAGAZINE. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5 If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
6.6 The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, post your comments, and reviews in relation to Content on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to EMAHO MAGAZINE using the Website / Content (collectively referred to “User Content”). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that EMAHO MAGAZINE does not endorse any User Content on the Website and is not responsible or liable for any User Content. EMAHO MAGAZINE reserves the right to disable access to the User Content on the Website.
6.7 You hereby grant EMAHO MAGAZINE a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
6.8 When you use the Website and/or access the Content You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that: belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation; infringes any patent, trademark, copyright or other proprietary rights; contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any EMAHO MAGAZINE server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means; probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of EMAHO MAGAZINE , including any EMAHO MAGAZINE Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website; disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites; use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of EMAHO MAGAZINE or other third parties; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; violate any applicable laws or regulations for the time being in force within or outside India; violate the terms of the Agreement.
6.9 You agree that You are solely responsible to EMAHO MAGAZINE and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which EMAHO MAGAZINE or its affiliates or its vendors may suffer) for any such breach.
6.10 EMAHO MAGAZINE does not pre-screen User Content. EMAHO MAGAZINE has no obligation to monitor any User Content. However, EMAHO MAGAZINE at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if EMAHO MAGAZINE determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Such actions do not in manner negate or dilute EMAHO MAGAZINE’s position as an intermediary or impose any liability on EMAHO MAGAZINE with respect to User Content.
6.11 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
6.12 You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
6.13 You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
6.14 Any purchase of the products from the Website as well as access to Content will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize purchased by the User or any Content accessed by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit.
6.15 You hereby waive your claims and/or rights against EMAHO MAGAZINE or any employee or contractor of EMAHO MAGAZINE with regard to any material or content that you may find obscene, or offensive. You agree not to view any content which may offend Your sensibilities. You further agree to refrain from filing civil and/or criminal suits/complaints against EMAHO MAGAZINE in relation to any content that you view on the basis that You find it offensive or obscene, or it has offended your/public morality or has in any other manner caused you emotional stress or harm. You agree to abide by any gateways or disclaimers placed before content, and if You are found violating such a disclaimer You agree to refrain from filing a civil/criminal case on such basis. You agree to waive Your rights and indemnify EMAHO MAGAZINE and the producers/publishers/authors from any harm, loss or damage caused to the producers/publishers/authors of such program in case such harm, loss or damage is caused due to any actions (legal or otherwise) initiated or instigated by You or any organisation to which You belong.
7.1 EMAHO MAGAZINE hereby grants You a non-exclusive, revocable and non-transferable right to view Content on the Website.
You may access and use the course catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use; You may not modify or alter course catalogues available on the Website; You may not distribute or sell, rent, lease, license or otherwise make the course catalogues available on the Website available to others; and You may not remove any text, copyright or other proprietary notices contained in the course catalogues available on the Website.
7.2 You are not allowed to copy, transfer, download or republish any Content on the Website without the express permission/licence from EMAHO MAGAZINE. Any such unauthorized use of Content shall be at the sole risk and liability of the User and EMAHO MAGAZINE reserves the right to initiate appropriate legal action against such User.
7.3 Any software that is available on the Website is the property of EMAHO MAGAZINE or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of EMAHO MAGAZINE.
7.4 You hereby understand and agree that the producers/publishers/authors of any program/content/article in relation to drugs do not support the use of narcotics or other psychotropic substances, whether legal or not. Such program/content/article has been created for informational purposes only and is not meant to propagate, promote or induce the use of any narcotic or psychotropic substance. You hereby understand and agree that narcotics and psychotropic substances may be injurious to health and state that such program does not affect your individual choices in relation to the same.
7.5 You hereby understand and agree that the information provided in any content on this website is for General Purposes only. EMAHO MAGAZINE and the producers/publishers/authors of the program/content/article do not guarantee the veracity of any information shown in the program/written in the website and reserve the right to alter, amend and delete the same. EMAHO MAGAZINE and the producer of the content are not in any manner liable for any harm or damage arising out the use of such information by You. The liability arising out of use of any information by any individual/group of individuals rests solely upon such individual/group of individuals i.e You.
7.6 You hereby understand and agree that certain actions suggested/shown in the content on the website are dangerous and have been performed by trained individuals and/or under special supervision. KINDLY DO NOT TRY THESE ACTIONS ON YOUR OWN. Any liability (including any damage caused to life or personal property) arising out of any viewer/reader attempting any actions depicted in this program/content/article are the sole liability of the viewer/reader i.e You. EMAHO MAGAZINE or the producers/publishers/authors are not liable for any harm to any viewer or any third person arising from an individual following the information provided in this program/content/article or attempting to perform such actions. You hereby waive any claims against any injury suffered by You by performing such actions.
7.7 You understand and agree that content is meant to educate and inform interested viewership/readership in the subject matter covered by the content. The aim of this program is to be educative and informative albeit in an informal and casual manner. The producers and EMAHO MAGAZINE are not propagating/promoting any particular ideology/thought process/way of life and are not propagating/promoting any products or other paraphernalia. The views expressed in this content/ are solely of the interviewees and the authors of the statements and does not reflect the views of EMAHO MAGAZINE or the producers/publishers/authors. The authors of the statements are solely liable for their actions and utterances.
8.1 The Content on the Website is owned and controlled by EMAHO MAGAZINE or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. EMAHO MAGAZINE reserves the right to change or modify the Content from time to time at its sole discretion.
8.2. You hereby acknowledge that EMAHO MAGAZINE is the copyright owner in all Content on the Website and that You have been granted a single use, revocable, non sub-licensable license to access the Content. You understand and acknowledge that at no point does this license allow You to transmit, copy or further disseminate in any manner whatsoever the Content to any third person. Allowing a non-User or another User to log in from Your account is an Unauthorised and a breach of this license. Breach of any copyright violations of the Website and any of its content shall be punishable by civil and criminal charges and consequent proceedings.
8.3 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of EMAHO MAGAZINE or their licensors or respective third parties. You are not permitted to use the Marks without the prior consent of EMAHO MAGAZINE, licensor or the third party that may own the Marks.
8.4 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, EMAHO MAGAZINE owns all intellectual property rights to and into the trademarks “EMAHO MAGAZINE”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.5 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from EMAHO MAGAZINE or third party owner of such Content. Breach of any copyright violations of the Website and any of its content shall be punishable by civil and criminal charges and consequent proceedings.
9.1 General third party information such as, product catalogues, product description and specifications, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell their products. All Third Party Content is provided on an ‘As Is’ basis. EMAHO MAGAZINE may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. EMAHO MAGAZINE shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
9.2 In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. EMAHO MAGAZINE makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon. EMAHO MAGAZINE is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY JUVENTUD ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, JUVENTUD MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR CONTENT WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR CONTENT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JUVENTUD OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE INFORMATION CONTAINED IN THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUVENTUD WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. JUVENTUD ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
10.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW JUVENTUD WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. JUVENTUD HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT JUVENTUD NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. JUVENTUD SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, JUVENTUD SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND JUVENTUD ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. JUVENTUD IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. JUVENTUD ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10. 4 In no case shall EMAHO MAGAZINE, its directors, officers, employees, affiliates, agents, contractors, interns or partners be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the information contained in the Content, or for any other claim related in any way to your use of information contained in the Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the information contained in the Content or any other information posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
10.4 In the event You have purchased / downloaded the Website from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as “Store Providers”), and there occurs any failure of the Website and / Content, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of EMAHO MAGAZINE and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Website’s non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Website / EMAHO MAGAZINE .
11.1 You agree to indemnify, defend and hold harmless EMAHO MAGAZINE , its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
11.2 EMAHO MAGAZINE may notify You of any claims which You shall be liable to indemnify EMAHO MAGAZINE against. You will then be required to consult with EMAHO MAGAZINE regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of EMAHO MAGAZINEwithout the express prior written consent of EMAHO MAGAZINE which can be withheld or denied or conditioned by EMAHO MAGAZINE in its sole discretion.
11.3 Notwithstanding anything to contrary in the Agreement(s), EMAHO MAGAZINE’s entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to EMAHO MAGAZINE under the relevant order to which the cause of action for the liability relates.
11.4 Notwithstanding anything to contrary in the Agreement(s), in no event shall EMAHO MAGAZINE , its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not EMAHO MAGAZINE has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
12.1 The Agreement will continue to apply until terminated by either You or EMAHO MAGAZINE as set forth below. If You want to terminate Your agreement with EMAHO MAGAZINE, You may do so by closing Your Account for all of the Services that You use, where EMAHO MAGAZINE has made this option available to You.
12.2 You agree that EMAHO MAGAZINE may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if EMAHO MAGAZINE determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to EMAHO MAGAZINE, for which monetary damages may be inadequate, and You consent to EMAHO MAGAZINE obtaining any injunctive or equitable relief that EMAHO MAGAZINE deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies EMAHO MAGAZINE may have at law or in equity.
12.3 In addition to Clause 12.2 above, EMAHO MAGAZINE may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
EMAHO MAGAZINE is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
The provision of the Content to You by EMAHO MAGAZINE is, in EMAHO MAGAZINE’s opinion, no longer commercially viable;
EMAHO MAGAZINE has elected to discontinue, with or without reason, access to the Website (or any part thereof); or
In the event EMAHO MAGAZINE faces any unexpected technical issues or problems that prevent the Website and / or Content from working.
12.4 EMAHO MAGAZINE may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Content; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Website and/or access to Content.
12.5 You agree that all terminations shall be made in EMAHO MAGAZINE’s sole discretion and that EMAHO MAGAZINE shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
12.6 Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until EMAHO MAGAZINE chooses to terminate them. EMAHO MAGAZINE may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. EMAHO MAGAZINE may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.
13.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between You and EMAHO MAGAZINE shall be governed in accordance with the laws of India.
13.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and EMAHO MAGAZINE shall be subject to the exclusive jurisdiction of the courts at Dehradun, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non conveniens. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
14.1 In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please send an email to _info@emahomagazine.com
15.1 When You use the Website or send emails or other data, information or communication to EMAHO MAGAZINE , You agree and understand that You are communicating with EMAHO MAGAZINE through electronic records and You consent to receive communications via electronic records from EMAHO MAGAZINE periodically and as and when required. EMAHO MAGAZINE will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
16.1 Notice: All notices with respect to these Terms of Use from EMAHO MAGAZINE will be served to You by email or by general notification on the Website. Any notice provided to EMAHO MAGAZINE pursuant to these Terms of Use should be sent to Grievance Officer at info@emahomagazine.com
16.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. EMAHO MAGAZINE’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by EMAHO MAGAZINE to any third parties without the requirement of seeking Your prior consent. EMAHO MAGAZINE may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. EMAHO MAGAZINE shall have right to transfer Your Account and Account Information to a third party who purchases EMAHO MAGAZINE’s business as conducted under the Website.
16.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. EMAHO MAGAZINE may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
16.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
16.5 Principal to Principal Relationship: You and EMAHO MAGAZINE are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and EMAHO MAGAZINE .
16.6 Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by EMAHO MAGAZINE is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of EMAHO MAGAZINE or its third parties performing such services as sub-contractor to EMAHO MAGAZINE and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then EMAHO MAGAZINE shall be excused from such performance to the extent of and during the period of such Force Majeure Event. EMAHO MAGAZINE shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
17.1 Any feedback You provide to this Website shall be deemed to be non-confidential. EMAHO MAGAZINE shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) EMAHO MAGAZINE is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) EMAHO MAGAZINE may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from EMAHO MAGAZINE for the feedback under any circumstances.
17.2 To clarify, EMAHO MAGAZINE may at its discretion, make any modifications or changes to the Website and Content on the basis of such feedback, however EMAHO MAGAZINE shall not be obliged to do so. Further, in the event that EMAHO MAGAZINE makes any changes or modifications to the Website and/or Content on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website and/or Content. You expressly waive any and all rights in such changes or modifications to Website and/or Content, and assign to EMAHO MAGAZINE, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website and/or Content, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1957, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website and/or Content and agree to execute any such documents to that effect including but not limited to a waiver, assignment deed etc….
