TERMS AND CONDITIONS FOR USAGE OF WEBSITE (“Site Terms”)
This website/application(s)/software(s) (http://www.bNomadic.com, http://www.bNomadic.worpress.com) (“Site”) is developed, managed and operated by the “BNOMADIC”. These Site Terms apply solely to your access to, and use of, the Web site (the “Site”) operated by the “BNOMADIC” which link to these Site Terms. However Site Terms in no manner shall alter any of the express terms agreed between you and “BNOMADIC” (including its affiliates, agents and permitted assignees) for any products or services as the case may be.
“BNOMADIC” reserve the right to change, modify, alter, and expand any of the terms and conditions contained in the Site Terms or any policy, guideline, specifications of the Site, at any time and in its sole discretion without any prior notice. Any such changes, modification, alteration, addition or expansion so made to the Site Terms shall be effective immediately upon posting of the revisions on the Site, and by accessing the Site you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes, alterations, modifications, addition and expansion will confirm your acceptance of such changes or modifications. Therefore, it is deemed that you frequently review, understand and accept the Site Terms and applicable policies from time-to-time. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site, please place your queries and questions or comments clarifications about the Site or site content to support@”bNomadic”.in
- Terms of Privacy
- Registration forms , Tools ,Features and Facilities
Various forms are available on the Site to assist you in filling up your details and identifiable information for becoming a user of “BNOMADIC”. “BNOMADIC” may currently or in future provide various options to connect to “BNOMADIC” and register yourself on the Site for various purposes as and when applicable. However, you are solely responsible for properly completing the form and submitting it in a timely manner. Although “BNOMADIC” work hard to keep the forms, format, content and the information on Site, accurate, up-to-date and complete, including the correct functionality of the tools as and when “BNOMADIC” offer, operate as intended, “BNOMADIC” cannot guarantee and makes no representation regarding the accuracy or currency of such forms or information or the operation of its tools. Therefore, all the tools, forms, features and facilities as and where present and available on the Site is provided “AS IS,” and you are solely responsible for usage of the Site in any manner.
- Stay connected option
If you request and accept to receive updates or other information by email or mobile phone or text message, you consent to our communicating with you via your emails and mobile device. We do not charge for these services. However, your carrier’s normal messaging, data and other rates and fees may be applicable as per your carrier’s connection and usage terms. You should check with your carrier to find out what plans are available and how much they cost. At any time, you may contact us to unsubscribe from the updates as subscribed by you.
You shall connect to “BNOMADIC” official links on social media portals such as Facebook, Twitter, Pinterest, Google plus, YouTube or any other such portals as and when available solely on your own responsibility wherein you maybe bound by the individual terms of usage of such portal and “BNOMADIC” shall not be liable to you or anyone for any loss damage or liability arising out of your access, usage and exploration of any such portal at any time. It is further agreed by you that “BNOMADIC” at no time whatsoever assures, claims or represent the safety and security for usage of any such portal. “BNOMADIC” shall at no time to be liable to any claims arising out of but not limited to any usage as mentioned above.
- Intellectual Property Rights
Unless stated/indicated otherwise on the Site, the Site including all content and materials on the Site, including, without limitation, “BNOMADIC”’s trademarks, business models , designs, texts, graphics, pictures, information , data, audio-visual files, sound files, tools, widgets, software and any files in whatsoever format whether used collectively or individually (“Site Property”) are the proprietary property of the “BNOMADIC” or its licensors or users and are protected by Indian and international copyright laws.
You as a user of the Site are granted a limited, non-sub licensable, non transferable license to access and use the Site and the Site Property for your informational, non-commercial and personal use only. The license so granted is subject to these Site Terms.
- You as a user may use this material only as expressly authorized by “BNOMADIC” and shall not copy, transmit or create derivative works of such material without express authorization.
- You acknowledge and agree that he/she shall not upload post, reproduce, or distribute any content on or through the services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
- Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution.
If you have a reason to believe that any material on the Site including the Site Property infringes upon any copyright or proprietary right which you own or control you may contact the designated person as detailed below.
Name Satyendernder Singh Dhull
Any notice with respect of any such infringement shall be addressed to the above mentioned designated person and shall be governed by the Indian Laws and acts as amended up to date.
You are prohibited from using any Meta tags or any other “hidden text” utilizing ““BNOMADIC”” or any other name, Site Property or product or service name of the “BNOMADIC” without “BNOMADIC”’s prior written permission. In addition, the look and feel of the Site, including but not limited to all page headers, custom graphics, button icons and scripts, is the proprietary property of “BNOMADIC” and must not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Except as otherwise provided, you retain ownership of all User Submissions you post on the Site. However, if you post User Submissions to the Site, unless “BNOMADIC” indicate otherwise, you grant “BNOMADIC” and its affiliates anon-exclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submissions throughout the world in any manner, media or language including without limitation in advertising, campaigning and other communications in support of “BNOMADIC”, without any right of compensation or attribution . You grant ”BNOMADIC” and its affiliates and sub licenses the right to use the name that you submit in connection with such content, as and if they choose. You represent and warrant that (i) you own and control all of the rights to the User Submissions that you post or you otherwise have the right to post such User Submissions to the Site; (ii) the User Submission is accurate and not misleading; and (iii) use and posting of the User Submission you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Third party and hyper links
The “BNOMADIC” makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or web site linking to the Site. Such sites are not under the control of the “BNOMADIC” and the “BNOMADIC” is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. “BNOMADIC” provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the “BNOMADIC” of any site or any information contained therein. When you leave the Site, you are deemed to be aware of going out of the purview of the Site Terms You should review the applicable terms and policies, including privacy and data gathering practices of any site to which you navigate from the Site.
Hyper Linking Notice
You are prohibited from using any of the Site Property or placing/using any link to the content on the site without prior written consent of “BNOMADIC”.
Third Party Content
“BNOMADIC” may make third party information and other content available on or through the Site(the “Third Party Content”) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Site(“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated herewith, are solely between you and such third party. “BNOMADIC” does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the “BNOMADIC” is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Submissions
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or the “BNOMADIC” that are provided by you in the form of email or other submissions to the “BNOMADIC”, or any postings on the Site, are non-confidential and shall become the sole property of the “BNOMADIC”. The “BNOMADIC” shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
The Sites may include interactive interface to users (“Interactive Areas”) such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Submissions”).You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- User Submission
- That is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
- That would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- That may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- That impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- That, in the sole judgment of the “BNOMADIC”, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose “BNOMADIC” or its users to any harm or liability of any type;
- Which violates the terms of any “BNOMADIC” guidelines, principles, policies or rules posted on the Site or as and where communicated to you;
- Unsolicited promotions, spam, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Aadhar numbers or any other such personal details; and
- Viruses, corrupted data or other harmful, disruptive or destructive files;
In consideration of your use of the Site, you agree to:
- Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Input Data”);
- Maintain the security of your password and identification wherever applicable;
- Maintain and promptly update the Input Data, and any other information you provide to “BNOMADIC”, to keep it accurate, current and complete; and
- Accept all risks of unauthorized access to the Registration Data and any other information you provide to the “BNOMADIC”.
Except as specifically stated in Site Terms, “BNOMADIC” does not make any representation or warranty, express or implied, in connection with the subject matter of the Site Terms and hereby disclaims any and all implied warranties, including all implied warranties of system ability or fitness for a particular purpose. “BNOMADIC” shall adopt industry acceptable standards for providing and maintaining the Site and shall maintain widgets, software, or any other link, up time of 98% provided however that “BNOMADIC” shall not be required to suffer any direct, consequential, or, indirect, exemplary, punitive, or other liability under Site Terms for uninterrupted access or use of the Site by factors beyond the “BNOMADIC”’s reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any scheduled maintenance or other service work carried out on Site. The user acknowledges that all such computer software and/or hardware as and where applicable is provided on “AS IS BASIS”.
User agrees that “BNOMADIC” at no time shall be responsible or liable for any User Submissions posted, stored or uploaded by you or anyone else acting on your behalf or any third party, or for any loss or damage thereto, “BNOMADIC” at no time shall be liable for any mistakes, defamation, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree that your use of Interactive Areas is at your own risk. Implementation of the Site Terms set out here is the sole responsibility of “BNOMADIC”, and failure to enforce such rules in some instances does not constitute a waiver of “BNOMADIC”’s right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. By providing Interactive User interface, “BNOMADIC” does not attract liability for any statements, representations or User Submissions provided by its users in any public forum, blog or other Interactive Area. “BNOMADIC” reserves the right, and has absolute discretion, to remove, screen or edit any User Submission posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Submission you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
INDEMNIFICATION AND LIABILITY
- You as user shall be liable towards, and compensate, indemnify and hold “BNOMADIC”, its affiliates or any person working under it harmless from and against any direct or indirect damages, liabilities, obligations, costs, claims of any kind, interest, penalties, legal proceedings and expenses(including, without limitation, reasonable attorneys’ fees and expenses)actually paid, suffered or incurred by “BNOMADIC” due to the breach of the Site Terms ,any act or omission, misuse, abuse of the Site access, fraudulent acts, wilful misconduct of the user or Any person acting under such user.
- User shall be liable for any claims arising due to fraudulent transaction, abuse or misuse of the Site and agrees to indemnify and hold harmless “BNOMADIC” against such claims, loss or damage.
GOVERNING LAWS AND DISPUTE RESOLUTION:
These Site Terms including any dispute of whatsoever nature arising out of the use, access, operation, interpretation, or any effect related directly or indirectly arising out of the Site and the Site Property shall be exclusively governed by the laws of INDIA and user expressly agrees to the exclusive jurisdiction of courts of Panchkula.
- No course of dealing, failure by either party to require the strict performance of any obligation assumed by the other hereunder, or failure by either party to exercise any right or remedy to which it is entitled, shall constitute a waiver or cause a diminution of the rights or obligations provided under Site Terms. No provision of site Terms shall be deemed to have been waived by any act or knowledge of either party, but only by a written instrument signed by a duly authorized representative of the party to be bound thereby. Waiver by either party of any default shall not constitute a waiver of any other or subsequent default.
- Notwithstanding anything as mentioned or specified in the Site Terms, “BNOMADIC” reserve the right to terminate or withdraw your license to use the Site at any time without prior notice of the same.
iii. If anyone or more provisions contained in this agreement or any document executed in connection herewith shall be invalid, illegal, or unenforceable, the remaining provisions contained herein shall not in any way be affected or impaired.
- User acknowledges that the remedy at law for any breach or violation of any provision of Site Terms may not be sufficient and a breach may cause continuing and irreparable loss, harm or damage to goodwill, name, reputation and credibility of “BNOMADIC”. User therefore agree that “BNOMADIC” shall be entitled to obtain injunctive relief, or any other restraining or any other appropriate order against the user in the event of any threat or disclosure of confidential Information.
- Nothing in Site Terms shall be construed as to create the relationship of employer-employee, partners, collaborators, joint-venture or principal-agent between user and “BNOMADIC” hereto. The parties shall be independent entities and neither party shall bind the other by its acts, deeds or omissions.
- User agrees that all notices under these Site Terms from the user shall be in writing, sent by facsimile or first-class registered or recorded delivery post to the “BNOMADIC” at its registered office or at such other address of which “BNOMADIC” shall have given notice as aforesaid, and marked for the attention of that “BNOMADIC” designated agent as mentioned above in the Site Terms. The date of service shall be deemed to be the day following the day on which the notice was transmitted or posted as the case may be.
- Any questions and queries with respect to this website may be directed to “BNOMADIC” at firstname.lastname@example.org