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USER’S TERMS & CONDITIONS

 

The domain name www.theladiesclubs.com (hereinafter referred to as the “Website”) is owned by Seven3Rockers Technologies Private Limited (hereinafter referred to as the “Company”), a company registered under the Companies Act, 1956, with its registered office at A-11, Niti Bagh, New Delhi – 110049 and its corporate office at 101, First Floor, Time Square Building, Sushant Lok – 1, Gurugram – 122002, Haryana.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.theladiesclubs.com  website. 

 

USER AGREEMENT

This User Agreement contains the terms & conditions applicable to any person who may access or use The Ladies Club; you hereby agree and acknowledge to be bound by the terms of this User Agreement.

The use of The Ladies Club and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of The Ladies Club by accessing or browsing the Website and/or has registered as a member of The Ladies Club by submitting identification information/ registration details and accepting the electronic record of the User Agreement, has obtained a unique username along with a password for using the Website.

 

DEFINITION

Information shall mean and include any confidential, user content and/or personally identifiable information or other information provided to The Ladies Club at the time of registration, browsing, communicating with other users or through any email feature and shall include without limitation your name, email address, contacts/friends list or any information accessed on social networking sites.

 

ELIGIBILITY

The Ladies Club or any service provided by The Ladies Club may only be used or accessed by such persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use the Website or any of its services. A minor is not allowed to access or register as a User on The Ladies Club. If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

 

REGISTRATION AND COMMUNICATION

By registering on The Ladies Club, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any service related information. Any kind of legal implication raised, due to the incorrect nature of the details provided by you, The Ladies Club will not be held responsible for the same. You agree that your sole purpose of registering or using The Ladies Club is to, including but not limited to, browse the website, view the content, communicate with Users, discuss on various topics.

You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on The Ladies Club. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or The Ladies Club has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, The Ladies Club reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.

 

ELECTRONIC COMMUNICATION

You agree to keep yourself updated with all data, information and communication pertaining to you made available on The Ladies Club. You further agree that your use of The Ladies Club or provision of any data or information including any correspondence (by email or otherwise) to or by The Ladies Club is through electronic records and you consent to receive communication from The Ladies Club via electronic records which will be deemed adequate service of notice/ electronic record. The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted.

 

TERMS OF USE

You understand and agree that The Ladies Club merely provides hosting services to its Users who access the Website for the purpose of, including but not limited to, browsing the website, viewing the content, communicating with Users, discussing on various topics. You also give permission to the Website to store details and records of your usage of the Website indefinitely.

Currently, the membership on The Ladies Club is free and the Website does not levy any charges/fees for browsing or viewing the content. The Ladies Club reserves the right to introduce new services or modify the existing services provided on its Website. Additionally, the Website, at its sole discretion, may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of The Ladies Club shall be posted on the Website and such changes shall automatically become effective immediately once posted.

Any information provided by you or submitted to The Ladies Club or provided or displayed to other Users of The Ladies Club in the registration, browsing or communicating process, in the feedback area or through any e-mail communication is solely your responsibility and the Website is merely a platform where such information is distributed, published, displayed or used by all Users. The Website is not liable for accuracy, appropriateness or legality of such information.

 

USER OBLIGATIONS

You will treat The Ladies Club as a mere passive conduit which is used as a platform by Users to view content, communicate with Users, view services provided on the Website.

You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:

  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person or use an anonymous proxy;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • threatens the unity, integrity, defence, 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;
  • shall not be false, inaccurate or misleading;
  • shall not, 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;
  • may give rise to liability on part of the Website or cause any hindrance (in whole or in part) with respect to the services or the Company; and
  • link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a website other than The Ladies Club. You shall not promote any website or webpage or link on The Ladies Club.

 

In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the Ladies Club without any notice and any such violating information that is displayed or submitted on the Ladies Club will be removed immediately and completely.

You will refrain from accessing information or databases in an unauthorized manner from The Ladies Club or servers where information or databases are kept.

You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.

If you choose to provide feedback on the Ladies Club which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.

You shall not use the Website to promote your own or any other persons business or interests on the Website, unless permitted by The Ladies Club in writing.

 

AMENDMENT

The Ladies Club reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that The Ladies Club posts the same on the Website. In the event, that the User Agreement includes a substantial change, The Ladies Club will provide 30 days' prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.

 

LIMITED LIABILITY OF THE WEBSITE

In no event shall the Website or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising, in any manner whatsoever, including but not limited to negligence, out of or in connection with The Ladies Club or any other services provided under this User Agreement.

The Website’s liability, in any circumstance, is limited to the amount of charges/ fees, if any, paid by you to The Ladies Club. The Website, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of The Ladies Club or that the operation of The Ladies Club will be error free and/or uninterrupted.

 

INDEMNITY

You shall indemnify and hold harmless the Website and its parent, subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.

 

CONSENT AND PRIVACY NOTICE

By using The Ladies Club and/or by providing your information, you consent to the collection and use of such information disclosed by you on the Website, by The Ladies Club. The personal information / data including but not limited to the Information provided by you to the Website shall be treated as strictly confidential and retained in accordance with our Privacy Notice which is stated on the Website. The Website does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent. If you do not agree to your Information being transferred or used in this way, please do not use The Ladies Club.

The Website views the protection of user’s privacy as a very important community principle and clearly understands that you and the personal information provided by you is one of the most important assets to The Ladies Club. The information provided by you is protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made thereunder.

 

BREACH

Without limiting other remedies that the Website may pursue, it may at its sole discretion take such action as it deems fit, including but not limited to, limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to The Ladies Club or initiate any legal action it may deem fit, particularly in the event:

    • You breach any of the provisions of this User Agreement;
    • The Website is unable to verify or authenticate any information provided by you;
    • The Website believes that your actions may cause legal liability to it, other Users or yourself.

No actions, omissions or decisions taken by the Website shall waive any rights or claims that it may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with The Ladies Club in any manner whatsoever until such time that such User is reinstated by the Website.

 

GRIEVANCE REDRESSAL MECHANISM

In case of any grievance, objection or complaint on your part with respect to the Website, other Users, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the Website, you should promptly raise such grievance or complaint with the designated Grievance Officer at legal@theladiesclub.com and provide with all necessary information and/or documents to enable the Grievance Officer to resolve the issue.

 

GENERAL PROVISIONS

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Website.

Except as explicitly stated otherwise, any notices directed to the Website shall be given by email to legal@theladiesclubs.com and any notices to you by the Website shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.

The Website at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Website assigns this User Agreement on the same terms or such terms that are no less favorable to you.

 

ARBITRATION

If any dispute arises between you and the Ladies Club during your use of the Website in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the rules, policies and documents incorporated therein on the Website, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party appointed solely by The Ladies Club whose decision shall be final. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

GOVERNING LAW

This User Agreement and all rules, policies and documents incorporated on the Website shall be governed and construed in accordance with the laws of India and the Courts in New Delhi shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.