Terms of Agreements
Your use of Definitely’s products, software, services, and websites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Definitely. Please read the following terms and conditions very carefully as your use of services 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,” “Visitor” shall mean the end user accessing the Website, its contents, and using the Services offered through the Website, and “we,” “us,” and “our” shall mean Definitely.co.in and its affiliates.
User Agreement
These Terms of Use govern your use of Services offered through https://www.definitely.co.in (“Site”). You agree to access “the site,” subject to the terms and conditions of use as set out here. You may not use the Services if you do not accept the Terms.
Definitely.co.in may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms, and you also agree to be bound by any such changes/revisions.
Accepting the Terms
You can accept the Terms by:
- Clicking to accept or agree to the Terms, where this option is made available to you by Definitely in the user interface for any Service; or
- By actually using the Services. In this case, you understand and agree that Definitely will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Definitely. Before you continue, you should print off or save a local copy of the Terms for your records.
Modification
Definitely.co.in reserves the right to suspend/cancel, or discontinue any or all channels, products, or services at any time without notice, make modifications and alterations in any or all of the content, products, and services contained on the site without prior notice. Any such modifications or alterations shall be notified on the website, and all users must comply with the new terms and conditions.
You understand and agree that if you use the Services after the date on which the Terms have changed, Definitely will treat your use as acceptance of the updated Terms.
Registration, Access, and Exchange of Information
For certain services such as email, personal web pages, etc., registration by the visitor is required. To register for these services, you have to open an account by completing the registration process (i.e. by providing us with current, complete, and accurate information as prompted by the applicable registration form). You will also choose a password and username which will be your email id. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site.
To access these services, you will be asked to enter your User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following: –
- Any other person sharing your account and Password;
- Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Definitely.co.in as users of the Site; or
- Access through a single account and Password being made available to multiple users on a network.
If Definitely.co.in reasonably believes that an account and password are being used/misused in any manner, Definitely.co.in shall reserve the right to cancel access rights immediately without notice and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Definitely.co.in immediately of any unauthorized use of your account or any other breach of security. Definitely.co.in will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by Definitely.co.in or another party due to someone else using your account or password.
Your Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Definitely.co.in for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Definitely.co.in immediately at [email protected]
Privacy Policy
The User hereby consents, expresses, and agrees that he/she has read and fully understands the Privacy Policy of Definitely.co.in in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
Advertising Material
Part of the Site contains advertising information or promotion material or other material submitted to Definitely.co.in by third parties. Responsibility for ensuring that material submitted for inclusion on Definitely.co.in complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Definitely.co.in found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. We will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website. Definitely.co.in reserves the right to omit, suspend, or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.
User Conduct and Rules
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information;
- 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;
- 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;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know or reasonably should know cannot be legally distributed in such manner;
- 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;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India; and
- 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 Warranty and Representation
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content 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 Services rendered by Definitely.co.in.
Termination and Access Restriction
Definitely.co.in reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
Fee Payments
Definitely.co.in reserves the right to charge listing/advertising/product usage fees as well as transaction fees based on certain completed transactions using the Definitely.co.in Services. Definitely.co.in further reserves the right to alter any and all fees from time to time, without notice. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies, and assessments for availing the Definitely.co.in Services.
Delivery of Services
All our services are online. No physical delivery will be carried out for any of the services purchased. Users will get an email once a service is purchased with instructions on how to go about availing them on the website. Our team of experts will assist you in providing a hassle-free user experience.
Cancellation/Refund Policy
All sales/purchase of services are final with no refund or exchange permitted. However, if in a transaction performed by you on the site, money has been charged to your card or bank account without the delivery of the services, then you may inform us by sending an email to [email protected] or an email address mentioned on the Contact Us page. Definitely.co.in shall investigate the incident, and if it is found that money was indeed charged to your card or bank account without delivery of the service, then you will be refunded the money within 21 working days from the date of receipt of your email. All refunds will be credited back to the source of the payment after deducting the service charges and taxes (if applicable). It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.
Disclaimer of Warranties/Limitation of Liability
Definitely.co.in has endeavoured to ensure that all the information on the Website is correct, but Definitely.co.in neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or Service. In no event shall Definitely.co.in be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages resulting from:
- The use or the inability to use the Services;
- Unauthorized access to or alteration of the user’s transmissions or data;
- Any other matter related to the services; 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 Definitely.co.in be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services, 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, Definitely.co.in 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 Definitely.co.in’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website are 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.
Indemnification
You agree to indemnify, defend and hold harmless Definitely.co.in 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 Definitely.co.in that arises 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 and for all the activities that occur through your account.
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 Delhi.
Severability
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision, and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Report Abuse
As per these Terms, users are solely responsible for every material or content uploaded to the website. Definitely.co.in does not verify, endorse, or otherwise vouch for the contents of any user or any content generally posted or uploaded 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. If you come across any abuse or violation of these Terms, please report to [email protected]
Forum Rules
Registration to the forum under Definitely.co.in is free. We do insist that you abide by the rules and policies detailed below. Although the administrators and moderators of Definitely.co.in will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, Definitely.co.in will not be held responsible for the content of any message.
By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.
Definitely.co.in reserves the right to remove, edit, move, or close any thread for any reason.
You agree that Definitely may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
Ending Your Relationship with Definitely.co.in
The Terms will continue to apply until terminated by either you or Definitely.co.in as set out below. If you want to terminate your legal agreement with Definitely.co.in, you may do so by (a) notifying Definitely.co.in at any time and (b) closing your accounts for all of the Services which you use, where Definitely.co.in has made this option available to you. Your notice should be sent, in writing, to Definitely’s address which is set out at the beginning of these Terms.
Definitely.co.in may at any time, terminate its legal agreement with you if:
- You have breached any provision of the Terms (or have acted in a manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Definitely is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- The partner with whom Definitely offered the Services to you has terminated its relationship with Definitely or ceased to offer the Services to you; or
- The provision of the Services to you by Definitely is, in Definitely’s opinion, no longer commercially viable. When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Definitely have benefited from, been subject to (or which have accrued over time while the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Indemnification and Governing Law shall continue to apply to such rights, obligations, and liabilities indefinitely.
