Disclaimer

Terms of Use of Website

Last updated on August 28th, 2014

Welcome to www.connectcolony.com (the “Site”). The following terms and conditions (“Terms of Use”) set forth the legally binding terms and conditions for your use of this Site and all related services and features available on the Site. By accessing or using this Site, you agree to these Terms of Use, conditions and all applicable laws. If you do not agree with the Terms of Use, then you do not have the right to access, view or otherwise use the Site.

These Terms of Use apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. These Terms of Use and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.

1. Introduction
www.connectcolony.com is an internet based portal, owned and operated by ConnectColony. ConnectColony is a partnership firm incorporated under the laws of India. The Site is a platform that facilitates neighborhood to connect online between residents and also with businesses.

2. Eligibility to Use
The Site can be accessed by only those who are at least 18 (eighteen) years of age and have not been suspended or barred by ConnectColony for any reason whatsoever. If you do not conform to the above qualification, you shall not be permitted to use the Site. ConnectColony at its sole discretion reserves the right not to accept a user from registering on the Site without assigning any reason thereof.

3. User Account, Password, and Security

3.1 You will receive a password and account designation upon completing the Site’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 (a) immediately notify ConnectColony 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. ConnectColony cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

3.2 You may be held liable for losses incurred by ConnectColony or any other user of or visitor to the Site due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.

3.3 The Site also allows restricted access to the services for unregistered users.

3.4 You shall ensure that the account information provided by you in the Site’s registration form is complete, accurate and up-to-date. Use of another user’s account information for availing the services is expressly prohibited. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ConnectColony has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ConnectColony has the right to suspend or terminate your Account and refuse any and all current or future use of the Site.

4. Conduct of Users

4.1 Unless otherwise specified, the Site is for your personal and non-commercial use. You agree to use the Site only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.

4.2 If the Site allows you to post and upload any material on the Site, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:

  • Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
  • Upload files that contain software or other material protected by applicable 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 Site or another’s computer;
  • Engage in any activity that interferes with or disrupts access to the Site;
  • Attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site, to any ConnectColony server, or to any of the Services offered on or through the Site, by hacking, password mining or any other illegitimate means;
  • Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Site, including any account not owned by you, to its source;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites;
  • Use the Site or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ConnectColony or other third parties;
  • 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 to you;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms of Use contained herein or elsewhere;
  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content or software obtained from the Site.

4.3 You acknowledge and agree that by accessing or using the Site, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. ConnectColony disclaims all liabilities arising in relation to such offensive content on the Site. Further, you may report such offensive content in the manner prescribed herein.

4.4 You agree and acknowledge that ConnectColony is not the seller of the products and the services advertised on the Site and ConnectColony shall in no manner be deemed to be the seller of the products or services on this Site.

4.5 You agree that ConnectColony may, at any time, modify or discontinue all or part of the Site, charge, modify or waive fees required to use the Site, or offer opportunities to some or all users.

5. Intellectual Property Rights

5.1 The Site and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Site is owned and controlled by ConnectColony and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

5.2 The trademarks, logos and service marks displayed on the Site (“Marks”) are the property of ConnectColony or respective third parties. You are not permitted to use the Marks without the prior consent of ConnectColony or the third party that may own the Marks.

5.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, ConnectColony owns all intellectual property rights to and into the trademark “ConnectColony”, and the Site, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

5.4 Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from ConnectColony or thirty party owner of such Content.

6. Third Party Content & Links

6.1 Third Party Content

The Site makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from ConnectColony. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. ConnectColony does not provide any guarantee with respect to any the Third Party Content and, ConnectColony shall not be held liable for any loss suffered by you based on your reliance on or use of such data.

6.2 Third Party Links

In an attempt to provide increased value to our visitors, this Site may contain links to other websites on the Internet that are owned and operated by third parties (“External Sites”). However, even if the third party is affiliated with ConnectColony, ConnectColony has no control over these External Sites, all of which have separate privacy and data collection practices, independent of ConnectColony. ConnectColony has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. These External Sites are only for your convenience and therefore you are advised to access them at your own risk. Such links do not imply that ConnectColony sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, ConnectColony seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but also for External Sites (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the External Sites or the information or material accessed through these External Sites. In addition to the above, you may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

7. User Warranty and Representation

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised 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 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 ConnectColony.

8. Disclaimer of Warranties & Liability

ConnectColony has endeavoured to ensure that all the information on the Site is correct, but ConnectColony neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. You expressly understand and agree that the Site and services provided by ConnectColony are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ConnectColony makes no warranty that (i) the Site or the services will meet your requirements or your use of the Site or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Site, services or materials will be effective, accurate or reliable; (iii) the quality of the Site, services or other materials will meet your expectations; or that (iv) any errors or defects in the Site, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from ConnectColony or through or from use of the services shall create any warranty not expressly stated in the terms of use. ConnectColony will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. ConnectColony also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content. ConnectColony will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Site or any services or materials, either with or without your knowledge. ConnectColony has endeavored to ensure that all the information on the Site is correct, but ConnectColony neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. ConnectColony shall not be responsible for the delay or inability to use the Site or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise. Further, ConnectColony shall not be held responsible for non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason whatsoever. The user understands and agrees that any material or data downloaded or otherwise obtained through the Site is 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 or data. ConnectColony accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties. ConnectColony shall not be liable for any third party product or services. The advertisements available on e-mail or Site with respect to the third party website or the products and services are for information purpose only.

In no event shall ConnectColony be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if ConnectColony has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with: (i) the availability, use, reliance on, or inability to use the Site any platform applications or any content or other materials on, accessed through or downloaded from the Site; or (ii) any claim (including for property damage to your device or computer system) attributable to errors, omissions, or other inaccuracies in, or destructive properties of, the Site or the External Sites, or any information, software, products, services or other materials available on or through the Site or External Sites.

9. Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless ConnectColony including but not limited to its affiliate vendors, agents and employees 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 ConnectColony that arise 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 of Use. Further, you agree to hold ConnectColony harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Site, any claim that your material caused damage to a third party, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.

10. Termination

10.1 The Terms of Use will continue to apply until terminated by either you or ConnectColony as set forth below. If you want to terminate your agreement with ConnectColony, you may do so by (i) not accessing the Site; or (ii) closing your account for all of the services that you use, where ConnectColony has made this option available to you.

10.2 ConnectColony may, at any time, with or without notice, terminate the Terms of Use with you if:

  • You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same);
  • ConnectColony is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
  • ConnectColony has elected to discontinue, with or without reason, access to the Site
  • ConnectColony may also terminate or suspend all or a portion of your account or access to the Site with or without reason.

10.3 Termination of your Account may include: (i) removal of access to all offerings within the Site or with respect to the Services; (ii) deletion of your account information; and (iii) barring of further use of the Site.

10.4 You agree that all terminations shall be made in ConnectColony’s sole discretion and that ConnectColony shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the Site.

10.5 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until ConnectColony chooses to terminate them.

10.6 If you or ConnectColony terminates your use of the Site, ConnectColony may delete any content or other materials relating to your use of the Site and ConnectColony will have no liability to you or any third party for doing so.

11. Applicable Law & Disputes resolution

11.1 The Terms of Use herein shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi.

11.2 To the fullest extent permitted by applicable law, any dispute, differences or claim arising out your visit to the Site shall be referred to the sole arbitrator appointed by ConnectColony in accordance with applicable law. The venue of such arbitration shall be at New Delhi, India and the award of the arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to an appropriate court or other judicial body in India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.

12. Privacy Policy

We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of personal information furnished by you on the Site. You can find the Privacy Policy, which is incorporated into this Terms of Use, by clicking here. By virtue of your using this Site, you agree to the terms of the Privacy Policy.

13. General Provisions

All notices of ConnectColony will be served by email or by general notification on the Site. Any notice provided to ConnectColony pursuant to the Terms of Use should be sent to ConnectColony customer support.

13.1 All notices of ConnectColony will be served by email or by general notification on the Site. Any notice provided to ConnectColony pursuant to the Terms of Use should be sent to ConnectColony customer support.

13.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. ConnectColony’s rights under the Terms of Use are freely transferable by ConnectColony to any third parties without the requirement of seeking your consent.

13.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

13.4 Waiver: Any failure by ConnectColony to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by ConnectColony of that provision or right.

13.5 Report Abuse: In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Site, please report to ConnectColony customer support.

13.6 Feedback and Information: Any feedback you provide to the Site shall be deemed to be non-confidential. ConnectColony shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of you or of third parties; (ii) ConnectColony is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) ConnectColony may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from ConnectColony for the feedback under any circumstances.

13.7 ConnectColony may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the current Terms of Use because the same shall be binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

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