Terms of Service
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures.
The domain name www.techmagnifier.com (hereinafter referred to as “Website”) is owned by Techmagnifier, a partnership firm incorporated under the Partnership Act 1932, having its registered office at 303, 2nd Floor, Neelkanth Palace, Plot No 190-191, Sant Nagar, East of Kailash, New Delhi 110065, India.
The use of this website by You is solely governed by this policy and any policy so mentioned by the terms of service. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding on You and that You are contracting with the Company and have undertaken binding obligations with the Company.
For the purpose of these Terms of Service, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user on the Website by providing Registration Data while registering on the Website or by accessing and using the Website. The site also provides its services without registration but this does not absolve You of this contractual relationship. The term “We”, “Us”, “Our” shall mean www.techmagnifier.com. You will be subject to the rules, guidelines, policies, terms and conditions applicable to any service that is provided by this Website, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the Website following such a change, this shall be deemed as consent by You to the so amended policies. As long as You comply with these Terms of Service, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
The Website is an online source for the latest information in the mobile and gadgets industry. It provides the User with relevant information about the gadgets which are part and parcel of everyday life, and provides opinion about them. It provides detailed information on latest developments in the mobile and gadgets industry. The Website enables a User to access latest information on, including but not limited to, mobile phones, tablets, ultrabooks, applications and games. The Website provides excellent and impeccable reviews on mobiles, laptops, desktops, cameras, televisions, etc.
The Website is a platform for everyone who is interested in obtaining information on mobiles and latest gadgets. Registration is not mandatory for a User to avail the services of this website.
2.1 The person seeking to be a member of this website shall register themselves by their email id with the website for availing its services.
2.2 The use of this website is limited to all those above the age of 18 and who are not barred by under the provisions of Indian Contract Act, 1872 which inter alia includes those ‘Incompetent to Contract’.
2.3 You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. In the instance that You provide us with false and inaccurate details or if the Company has reasonable ground to believe that You have done so, We have the right to permanently suspend your account with or without prior intimation.
By using this Website, it is deemed that you have consented to receive email notifications, as these are transactional messages important for your interaction with the Website and its services. If You do not wish to receive such emails, You shall send an email to <[email protected]> to notify your intention.
The membership of this website is free of cost and the User shall not be charged for the services provided by the website, however, we reserve the sole right to amend or alter our Policy without prior notice to the Users.
- THIRD PARTY INFORMATION
The website shall host various include hyperlinks to other websites or content or resources or advertisements of third parties, which would be solely the intellectual property of the third party and the User shall use his/her own discretion before accessing any such third party content hosted on the website.
- USER OBLIGATIONS
You are a restricted user of this website.
6.1 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer or sell any material, information or software obtained from the website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes including educational purposes and unwarranted modification of data and information within the content of the Website is not permitted.
6.2 You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of 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, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by sending an email to <[email protected]>.
6.3 The User shall not:
a) Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation, thereby ensuring all information provided to the Website is true and correct. Non-compliance of the same requirement shall lead to immediate suspension of your account.
b) 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 the website, including any Website 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;
c) 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 Website or any affiliated or linked sites;
d) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
e) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
f) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
g) Violate any applicable laws or regulations for the time being in force within or outside India;
h) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
i) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
j) Threaten 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 any other nation.
k) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
l) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
m) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
6.4 This website contains material which is owned by Us. This material includes, but is not limited to, the design, layout, look, appearance, questions, answers, reports and graphics. Reproduction is prohibited other than in accordance with the Intellectual Property notice, which forms part of these terms and conditions.
6.5 You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.
6.6 You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Services to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
6.7 Intellectual Property Rights: Unless the Website has otherwise agreed, nothing herein gives the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the website and other distinctive brand features of the Website are a property of the Company. Furthermore, with respect to the Website created by the company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content from the Third Party on the Website.
You hereby represent and warrant that You have all necessary rights in and to all information you provide it contains and that such information shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
- DISCLAIMER OF WARRANTIES AND LIABILITIES
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The website, services and other materials are provided by this website is 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, The Website makes no warranty that:
(i) Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
(ii) the reviews provided about the latest mobiles and gadgets are error free; and
(iii) any errors or defects in the website, services or other materials will be corrected.
To the maximum extent permitted by applicable law, we will have no liability related to third party related content arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws. The Website also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
The User understands and agrees that search and comparison of the products listing undertaken, provided by the website, is done entirely at their own discretion and risk and they will be solely responsible for any consequences whatsoever that arise out of it. The Website accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
We shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.
- INDEMNIFICATION AND LIMITATION OF LIABILITY
In no event shall we, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have 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 materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
- LIMITED TIME TO BRING YOUR CLAIM
You and the Company agree that any cause of action arising out of or related to the website, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
- DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
10.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties however, the parties in good faith will attempt to bind by the decision.
10.2 Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the state of NCT of Delhi. The mode of appointment of the arbitrators is as provided above.
In the event of the dispute resolution mechanism failing, the matter shall be subject to Indian laws in the jurisdiction of the courts of New Delhi, NCT of Delhi.