1. INTRODUCTION– Agamnigam.com is owned by Mr. Gajraj Mehta, having its office at “64-E, Dhabaliwala Building, Office No. 25, Old Hanuman Lane, Kalbadevi Road, Mumbai – 400 002.” .Agamnigam.com carries on the business of providing Jain Religion information on Temples,People,Places,Guru Bhagwant, Prathishta, Tirthankars, Jain News and Events Etc.Agamnigam.com also provides Advertisements for Business Promotion.
2. DISCLAIMER– Agamnigam.com is not liable for any inaccurate/misleading information/advertisement. It is the responsibility of end-user to research/verify/accept bona fide content. Any views expressed by Agamnigam.com do not necessarily reflect the views & opinions of Agamnigam.com. Specifically Agamnigam.com is not responsible for the consequences of any actions taken based on the information provided on the website.
3. CONTENT– The Advertiser/Information Provider states that the contents of the advertisement given by him/her are true and correct and that nothing has been concealed from the website and is in compliance with the laws in India. The Advertiser/Information Provider stands by the content of the said advertisement and indemnifies the portal/website of any action legal/civil that may follow because of the publication of the said advertisement.
4. ADVERTISER/INFORMATION PROVIDER OBLIGATIONS– Advertiser/Information Provider agrees to make all payments due to Agamnigam.com in a timely and efficient manner and shall ensure that cheques issued do not bounce. Advertiser/Information Provider shall not issue stop payment instructions in respect of such cheques. Agamnigam.com reserves the right to take action under the negotiable Instruments Act, 1881 in respect of bounced cheques or take any other action available in law. Advertiser/Information Provider represents that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to Agamnigam.com, (ii) it has the rights to use the trademarks it claims to have rights to use, (iii) the business carried on by Advertiser/Information Provider does not violate or infringe upon any law or regulation and all registrations required for carrying on business have been procured it, and (iv) all information provided to Agamnigam.com is and shall at all times be accurate and complete.
5. UTMOST GOOD FAITH– All information of whatsoever nature received from the user/Advertiser/Information Provider is taken in good faith, without suspecting the bonafides of the Advertiser/Information Provider. The contents of the advertisement is believed to be true and correct and in compliance with the laws of India.
6. INDEMNITY– The Advertiser/Information Provider indemnifies Agamnigam.com for any action or claim by any third party resulting from any advertisement instructed by the Advertiser/Information Provider or its agency.
7. LIMITATION OF LIABILITY– Under no circumstances will Agamnigam.com be liable for any loss to the Advertiser/Information Provider for any error or omission. Cancellations and alterations will be accepted only in writing. Agamnigam.com reserves the right to differ, postpone display of any listing or cancel listing in case of overbooking or space constraints.
8. MODIFICATIONS TO TERMS AND CONDITIONS– Agamnigam.com in its sole discretion shall reserve the right to modify the Terms & Conditions at any time and without prior notice to its users/Advertiser/Information Provider. User agrees that the online advertisements placed with Agamnigam.com shall be reflected within 48 hours. The user further agrees to the stipulated 48 hours processing period for all the advertisements that would be required by Agamnigam.com.
9. RESCHEDULLING Information– Agamnigam.com reserves the unqualified right to decline, change or reschedule any listing notwithstanding earlier acceptance. Listing once approved will be up fronted/displayed on site and in event of any cancellation requests the same will be removed from site under the discretion of Agamnigam.com
9a. LISTING SCHEDULE– Agamnigam.com shall be free to determine the sequence of listing in the Portal.
10. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS– Agamnigam.com does not take responsibility of being directly involved in any transaction between parties using the site. Agamnigam.com site is a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does Agamnigam.com, screen or censor or otherwise control the Floor.
11. DANGEROUS/STOLEN GOODS AND OFFENSIVE TEXT– Agamnigam.com prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: any controlled substance, dangerous, counterfeit or stolen goods, goods which do not actually exist, any good that infringes or violates anyone’s rights, any item which in Agamnigam.com’s sole discretion is inflammatory, offensive or otherwise inconsistent with Agamnigam.com’s standards of business ethics, any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
12. SPAM POLICY– Agamnigam.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Agamnigam.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
13. REFUSAL OF SERVICE – If Agamnigam.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, Agamnigam.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of the user’s account and/or the exclusion of any person(s) who may have violated any Terms & Conditions. Agamnigam.com will cooperate with any investigation conducted by any Central, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to the user. If Agamnigam.com believes in its sole discretion that any ad that may create liability for Agamnigam.com, Agamnigam.com may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, Agamnigam.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
14. APPLICABLE TAXES AND COSTS– User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Agamnigam.com service. We may also, in our sole discretion, add or delete fees associated with the Service. Agamnigam.com shall charge the Advertiser/Information Provider for all the taxes and charges (now in force or enacted in future that are imposed on the said services arising out of Advertiser/Information Provider’s relationship with the Agamnigam.com and Advertiser/Information Provider hereby agrees that they shall pay the said taxes and charges promptly without raising any objections.
15. DISCLAIMER OF WARRANTIES– Agamnigam.com does not warrant the information on this website, which is provided “as is” without warranty of any kind, including, without limitation, any warranty of design, merchantability or fitness for a particular purpose, and without warranty as to non-infringement or the performance or results you may obtain by using the information. The entire risk as to the results and performance obtained from using the information on this website is assumed by user. Agamnigam.com does not assume responsibility for any errors or omissions in the information or documents which are referenced by or linked to this website.
16. NO WARRANTY OF SERVICE– Agamnigam.com makes no warranty that the service will meet user’s requirements, that the service will be uninterrupted, timely, secure, or error free; nor does Agamnigam.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.
17. NOTICE TO ADVERTISER/INFORMATION PROVIDER/USER – Any notice to the Advertiser/Information Provider/user or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms & Conditions or other matters related to Agamnigam.com by displaying notices to Users on the Service.
18. EXCLUSIVE AGREEMENT– This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
19. GOVERNING LAW – These Terms & Conditions and the relationship between User and Agamnigam.com shall be governed by the laws of the State of Maharashtra, without regard to its conflict of law provisions. User and Agamnigam.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Maharashtra
20. FILING OF CLAIM – User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within 15 days after such claim or cause of action arose or be forever barred.
21. SCHEMES, DISCOUNTS AND PUBLICATIONS – Agamnigam.com shall reserve the sole discretion and irrevocable right to offer/not offer schemes/discounts/promotional packages on its web site exclusive to any existing or future media, known or unknown mode and vice versa.
22. TERMINATION – If Agamnigam.com or Advertiser/Information Provider (“Defaulting Party”) commits a breach of duty owned to the other party (“Other Party”) the other party may call upon the Defaulting Party to rectify the breach within twenty-one days of the receipt of notice falling which Other Party may terminate the relationship between Advertiser/Information Provider and Agamnigam.com by a further notice to the Defaulting Party. Complaints from Users about the quality and responsiveness of Advertiser/Information Provider shall be a cause for termination by Agamnigam.com
23. CANCELLATION OF CONTENT – Agamnigam.com shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode.
24. GENERAL INFORMATION – Each & every Privacy & Policy/Term & Condition mentioned herein forming the ‘General Terms and Conditions’ shall be automatically applicable and shall govern the Terms and Conditions for every advertisement published and ignorance of these Terms and Conditions shall be no defense and cannot be a ground for non-applicability of these general Terms and Conditions.
25. THIRD PARTY CONTENT AND SERVICES – The Agamnigam.com site website may contain links to third party websites, which are not under the control of Agamnigam.com site. Agamnigam.com site has no responsibility or liability for and makes no representations whatsoever about any other website that you may have access to through the Agamnigam.com website. These linked sites are only for your convenience, and therefore, you access them at your own risk. The inclusion of such links does not imply that Agamnigam.com site endorses or accepts any responsibility for the content or uses of such websites. Nonetheless, Agamnigam.com site seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feedback on not only its own site, but also third party links as well.
26. No Guarantee of Viruses – While every attempt has been made ascertain the authenticity of the site, Agamnigam.com is not liable for any kind of losses, damages or action arising directly or indirectly, due to access and/or use of the site content including but not limited to the site content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
27. Service will be provided for website development for clients requiring the same. You are responsible for ensuring that material on your site, (hosted by Agamnigam.com) complies with International and National laws.
28. Corporate Profile prepared by third party agencies will be a compilation of information of your organization, and shall not be a credit rating. Third party agencies and Agamnigam.com will be authorized to use this information for various promotional purposes, including displaying the profile on the website, with no financial liability what-so-ever towards you or other users of the Corporate Profile.
29. GENERAL-a) Agamnigam.com opinion on all issues pertaining to the interpretation of these Terms shall be final and binding on Advertiser/Information Provider.
b) The relationship between Agamnigam.com and Advertiser/Information Provider is governed by the laws of India and exclusive jurisdiction of the courts in Mumbai.
c) Advertiser/Information Provider agrees that no joint venture, partnership, employment or agency exists between Advertiser/Information Provider and Agamnigam.com.
d) Agamnigam.com is subject to existing laws and legal process and nothing contained in these Terms is in derogation of Agamnigam.com right and obligation to comply with the law or governmental, court and requests of enforcement agencies.
e) If any part of these terms are held to be invalid or enforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or enforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid an enforceable and the remainder of these Terms shall continue in effect.
f) Advertiser/Information Provider may not assign any rights or obligations against Agamnigam.com without Agamnigam.com prior written consent. Agamnigam.com reserves the right to transfer any right or obligation against Advertiser/Information Provider upon notice Advertiser/Information Provider. Upon such assignment shall be bound by these Terms in the same manner as Agamnigam.com and Agamnigam.com shall cease to have any liability to Advertiser/Information Provider.g) Agamnigam.com shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labour strife, labour and transportation strikes.
h) Nothing in these Terms obliges Agamnigam.com to provide any credit to Advertiser/Information Provider.