Terms and Conditions
|
1. ACCEPTANCE OF TERMS
Welcome to ‘Eldess’. Eldess is provided to you as a service by Agewell Technologies Private Limited (“ATPL”), subject to the following Terms of Service ("TOS"). ATPL may, without notice to you, at any time revise these Terms of Service by updating this posting. In addition, when using Eldess, you shall be also subject to any posted guidelines or rules applicable to the service which may be posted from time to time.
2. DESCRIPTION OF SERVICE
Eldess currently provides a platform that brings together community members in the mature age group segment, and suppliers who have products and services to offer to this segment. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Eldess to provide the Service. You also understand and agree that the service may include certain communications from Eldess staff, such as service announcements, administrative messages and that these communications are considered part of Eldess membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ATPL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Eldess provides a platform for its Members to buy goods / services from Vendors / suppliers listed on www.Eldess.com. ATPL is not responsible for any goods / services supplied by the Vendors. All transactions of seeking and providing goods and services is between the Member and the Vendor.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ATPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ATPL has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. ‘Eldess’ PRIVACY POLICY
Registration Data and certain other information about you are subject to our best efforts to preserve your privacy. ATPL may share personal information about you with other people or nonaffiliated companies either to provide products or services you've requested, or under the following circumstances:
We provide the information to trusted partners who work on behalf of or with ATPL under confidentiality agreements. These companies may use your personal information to help ATPL communicate with you about offers from ATPL and our marketing partners. However, these companies do not have any independent right to share this information.
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Eldess’s terms of use, or as otherwise required by law.
We transfer information about you if ATPL is acquired by or merged with another company. In this event, ATPL will notify you before information about you are transferred and becomes subject to a different privacy policy.
ATPL may display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria. ATPL does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
The Eldess Service is not available to minors under the age of 18 or to any users suspended or removed from the system by ATPL for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Eldess account to another party. If you do not qualify, you may not use the Eldess Service.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to keep your login information confidential and use it only personally. Each individual login information represents a single license to the specific user, to use the Service and should not be shared under any circumstances. Users are prohibited from selling, trading, or otherwise transferring your Eldess account to another party.
You agree to (a) immediately notify Eldess 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. Eldess cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. AVAILABLE CONTENT AND DISCLAIMER OF USES
The Eldess information library including articles, posts by members, groups, products and services on display, or any other content added to Eldess (collectively “Information”) accessible through this site is not intended as a professional advice of any nature, including medical, psychological, legal, or any other expert field, for any individual. It is not a substitute for a relevant professional advice, nor does it replace the need for services provided by the experts in these relevant fields.
Certain sections of Eldess, may contain content posted by users of Eldess Service. While we have the right to monitor activity and content posted by users, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any 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, access to, or denial of access to any content on the website.
In no event shall ATPL or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and its services or this agreement (however arising, including negligence). ATPL liability in any circumstance is limited to the amount of fees, if any, paid by the member to ATPL.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATPL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ATPL MAKES NO WARRANTY THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ATPL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ATPL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM ATPL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE THAT ATPL SITE MAY CONTAIN LINKS TO OTHER WEB SITES OPERATED BY THIRD PARTIES ("LINKED SITES"). YOU ACKNOWLEDGE THAT, WHEN YOU CLICK ON A LINK TO VISIT A LINKED SITE, A FRAME MAY APPEAR THAT CONTAINS THE ATPL LOGO, ADVERTISEMENTS AND/OR OTHER CONTENT SELECTED BY ATPL. YOU ACKNOWLEDGE THAT ATPL AND ITS SPONSORS NEITHER ENDORSE NOR ARE AFFILIATED WITH THE LINKED SITE AND ARE NOT RESPONSIBLE FOR ANY CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINK SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. YOU ALSO ACKNOWLEDGE THAT ATPL IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE.
ATPL DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES. PLEASE THEREFORE VERIFY THE VERACITY OF ALL INFORMATION ON YOUR OWN BEFORE UNDERTAKING RELIANCE AND ACTIONING THEREUPON. ATPL SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENTIAL DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE CONTENTS OF THE ADVERTISEMENT.
The Information are the property of ATPL and are protected by applicable copyright law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, or commercially exploit the Information in any manner without the express written consent of ATPL.
10. TERMINATION
ATPL reserves the right to terminate your access to the Information and to take any other action ATPL deems appropriate, in its sole discretion, without limitation for any reason whatever including, but not limited to, the unauthorized use of your Eldess Account, breach of this Agreement, or discontinuance of Eldess access to any Information or termination of one or more agreements between ATPL.
11. USER CONDUCT
You understand and agree not to use the Eldess Service to: · Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable. · Use the Service for any illegal purpose, including but not limited to conspiring to violate laws. · Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present. · Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). · Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights. · Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using Eldess invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Eldess to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases. · Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. · Stalk or harass anyone. · Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Eldess Service. · Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field. · Interfere with or disrupt the Eldess Service or servers or networks connected to the Eldess Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Eldess Service.
13. Eldess COMMUNICATIONS
14. LINKS
The Eldess web site may contain links to other web sites on the Internet operated by third parties. ATPL provides links to these third party web sites only as a convenience. The inclusion of a link to a third party web site on the Eldess or ATPL web site is not an endorsement by ATPL, implied or otherwise, of the linked sites or any products or services offered therein. No information contained on third party sites has been endorsed, reviewed or approved by ATPL, and ATPL does not monitor, or accept responsibility for the content of third party sites or any link contained therein. Following links to any other websites or pages shall be at your own risk.
15. MODIFICATIONS TO SERVICE
This site is subject to periodic update and revision. Materials should only be considered current as of the date of initial publication appearing thereon, without regard to the date on which you may access the information. ATPL maintains the right to delete or modify information on this site without prior notice.
16. GENERAL INFORMATION
Nothing on this web site shall be considered a solicitation to buy or an offer to sell a security to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction.
This Agreement shall be governed by the law of India, with the jurisdiction being the courts at Bangalore, regardless of whether you reside or transact business with ATPL in India or elsewhere, except that arbitration provisions shall be governed by the Arbitration and Conciliation Act, 1996
17. CERTAIN DISCLAIMERS
Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. ATPL assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
18. FEES
Eldess Services are provided for free only to beta users. ATPL reserves the right to charge for the Eldess Service or any portion thereof, modify the pricing of, add to, or discontinue the Eldess Service or any portion thereof without prior notice.
19. TRADEMARK INFORMATION
The ‘Eldess’ is the trademark of ATPL. Without ATPL’s prior permission, you agree not to display or use in any manner the ‘Eldess’ marks.
|
