Terms and Conditions
Please
read the following terms and conditions very carefully as your use of this
website is subject to your acceptance of and compliance with the following
terms and conditions ("Terms"). By
subscribing to or using any of our services you agree that you have read,
understood and are bound by the Terms, regardless of how you subscribe to or
use the services. If you do not want to be bound by the Terms, you must not
subscribe to or use our services. In these
Terms, references to "You"/ "User" shall mean the end user
accessing the Website, its contents and using the Functionalities offered
through the Website, "Service Providers" mean independent third party
service providers, and "we", "us", "Metropolis"
and "our" shall mean Metropolis Alliances (India) Private Limited.
Introduction
www.p2pcard.in ("Website")
is an Internet based portal owned and operated by Metropolis, a company
incorporated under the laws of India, with its office at Mumbai, India. Use of
the Website is offered to you conditioned on acceptance of all the terms,
conditions and notices contained in these Terms, along with any amendments made
by Metropolis at its sole discretion and posted on the Website. Metropolis at
its sole discretion reserves the right not to accept a User from registering on
the Website without assigning any reason thereof.
User
Account, Password, and Security
Sections
of Website may require you to register as a User by creating an Account. You
will receive a password and account designation upon completing the Website's
registration process. You will be responsible for maintaining the
confidentiality of the password and the account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify Metropolis of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Metropolis cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section.
Functionalities
Offered
This
Website is an information gateway to the offers that P2P card extends to its
subscribers. Apart from providing information and a searchable database, the
website currently hosts a platform for managing personal details like
insurance, medical history etc. of the subscriber.
Privacy
Policy
The User
hereby consents, expresses and agrees that he has read and fully understands
the Privacy Policy of Metropolis in respect of the Website. By registering with
the service, the user also hereby allows Metropolis to send text messages and
call the customer as and when required. You further consent that the terms and
contents of such Privacy Policy are acceptable to you.
Limited
Usage
The User
agrees and undertakes not to reverse engineer, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information or software obtained from the
Website. Limited reproduction and copying of the content of the Website is
permitted provided that Metropolis name is stated as the source and prior
written permission of Metropolis sought.
Limited
Usage
Ø
You agree and undertake to use the Website only to post and upload
material that is proper. By way of example, and not as a limitation, you agree
and undertake that when using the Website, you will not:
Ø defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
Ø publish,
post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information
through any bookmark, tag or keyword;
Ø upload
files that contain software or other material protected by intellectual
property laws unless you own or control the rights thereto or have received all
necessary consents;
Ø upload or
distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Website or another's
computer;
Ø conduct
or forward surveys, contests, pyramid schemes or chain letters;
Ø download
any file posted by another user of a Service that you know, or reasonably should
know, cannot be legally distributed in such manner;
Ø 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;
Ø violate
any code of conduct or other guidelines, which may be applicable for or to any
particular Service;
Ø violate
any applicable laws or regulations for the time being in force in or outside
India; and
Ø violate
any of the terms and conditions of this Agreement or any other terms and
conditions for the use of the Website contained elsewhere herein.
User's
Warranty and Representation
You
guarantee, warrant, and certify that you have the authority to upload and post
your content / comments and that the same does not infringe upon the property
rights, intellectual property rights or other rights of others. You further
warrant that to your knowledge, no action, suit, proceeding, or investigation
has been instituted or threatened relating to any content, including trademark,
trade name, service mark, and copyright formerly or currently used by you in
connection with the Functionalities rendered by Metropolis.
Terms & Conditions
Intellectual Property Rights
1. Unless
otherwise indicated or anything contained to the contrary or any proprietary
material owned by a third party and so expressly mentioned, Metropolis owns all
Intellectual Property Rights to and into the Website, including, without
limitation, any and all rights, title and interest in and to copyright, related
rights, patents, utility models, trademarks, trade names, service marks,
designs, know-how, trade secrets and inventions (patent pending), goodwill,
source code, meta tags, databases, text, content, graphics, icons, and
hyperlinks. You acknowledge and agree that you shall not use, reproduce or
distribute any content from the Website belonging to Metropolis without
obtaining authorization from Metropolis.
2. Notwithstanding the foregoing, it is expressly clarified that you will solely
be responsible for any content that you provide or upload when using any
Service, including any text, data, information, images, photographs, music,
sound, video or any other material which may be accessible through your post,
or any other content that you upload, transmit or store when using the Website.
Links To Third Party Sites
Metropolis will contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of Metropolis, and
Metropolis is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Metropolis is not responsible for any form of
transmission, whatsoever, received by you from any Linked Site. Metropolis
provides links of online advertisements to you only as a convenience and the
inclusion of any link does not imply endorsement by or affiliation with
Metropolis of the Linked Sites nor does it represent the advice, views,
opinions or beliefs of Metropolis. The users are requested to verify the
accuracy of all information on their own before undertaking any reliance on
such information. In the event that by accessing the Website or following links
to third-party websites you are exposed to content that you consider offensive
or inappropriate, your only recourse will be to stop using the Website.
Disclaimer Of Warranties/Limitation Of Liability
Metropolis has endeavored to ensure that all the information on
the Website is correct, but Metropolis neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any data,
information, product or Service. In no event shall Metropolis be liable for any
direct, indirect, punitive, incidental, special, consequential damages or any
other damages resulting from: (a) the use or the inability to use the
Functionalities; (b) unauthorized access to or alteration of the user's
transmissions or data; (c) any other matter relating to the Functionalities;
including, without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of the
Website or Service.
Neither shall Metropolis 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, Metropolis 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 Metropolis control. The user understands and
agrees that any material and/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 and/or data.
Notwithstanding anything to the contrary, Metropolis ’s total and
cumulative liability shall be limited to INR 199/- only (Rupees One hundred Ninety Nine Only).
Indemnification
You agree to indemnify, defend and hold harmless Metropolis from
and against any and all losses, liabilities, claims, damages, costs and
expenses (including legal fees and disbursements in connection therewith and
interest chargeable thereon) asserted against or incurred by Metropolis that
arise out of, result from, or may be payable by virtue of, any breach or
non-performance of any representation, warranty, covenant or agreement made or
obligation to be performed by you pursuant to these Terms Metropolis and/or its
parent or subsidiaries, will not be responsible if any establishment breaches
its contract or refuses to accept P2P card or vouchers / coupons; however, it
will attempt to secure compliance. Metropolis disclaims all alleged liability
for bodily injury or property damage resulting from any accident, event or
occurrence on, or resulting from the use of, the premises of the participating
business. Metropolis disclaims all warranties express, implied or otherwise
imposed by law, regarding the condition of those premises or the safety of the
same. Metropolis disclaims all alleged vicarious liability for bodily injury or
property damage resulting from the acts or omissions of the participating
business.
Termination
1. Metropolis
may suspend or terminate your use of the Website or any Service at its sole and
absolute discretion.
2. Notwithstanding
the foregoing sub-section above, these Terms will survive indefinitely unless
and until Metropolis chooses to terminate them
3. If you or
Metropolis terminates your use of the Website, Metropolis may delete any
content or other materials relating to your use of the Website and Metropolis
will have no liability to you or any third party for doing so.
Governing Law
These terms shall be governed by and constructed in accordance
with the laws of India without reference to conflict of laws principles, and
disputes arising in relation hereto shall be subject to the exclusive
jurisdiction of the courts at Mumbai, India.
Report Abuse
As per these Terms, users are solely responsible for every
material or content uploaded on to the Website. Metropolis does not verify,
endorse or otherwise vouch for the contents of any user or any content
generally posted or uploaded on to the Website. Users can be held legally
liable for their contents and may be held legally accountable if their contents
or material include, for example, defamatory comments or material protected by
copyright, trademark, etc. Metropolis reserves the right to delete any content
that is in breach of these Terms. If you come across any abuse or violation of
these Terms, please report to p2pcard@metropolisalliacnes.com