AGREEMENT ACCEPTANCE BY YOU : This is an agreement between you (also called as "you" or "your") and Spider Communication Private Limited, a company incorporated under the Companies Act 1956 with its registered office at 502, Mauryansh Elanza, Shyamal Cross Road, Satellite, Ahmedabad, Gujarat (might be called as "SPIDER" , "UMMAT" , "we" or "our") that governs your use of the search services offered by UMMAT through its website www.UMMAT.In ("Website"), telephone search or any other medium using which UMMAT may provide the search services (also called as "Media" ). When you access or use any of the Media you agree to be bound by these Terms and Conditions ("Terms").
We may periodically change the Terms & Conditions and the Website without any kind of prior notice, and you are responsible for checking these Terms periodically for updations. All amended Terms become effective upon our posting and listing to the Site, and any use of the site after such updations have been posted signifies your consent to the changes.
WAY OF USING OUR MATERIALS/CONTENT : We use a diverse range of information, photographs, designs, graphics, images, text ,sound and video , content, advertisement and other materials and effects (also called as "Materials") for the search services on the Media. We provide the Material through the Media only for your personal and non-commercial use only.
While every attempt has been made to ascertain the authenticity of the Media content, UMMAT is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Media including but not limited to decisions based on the content in the Media which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the Media for internal, non-commercial, informational purposes only for user needs. You are prohibited from data mining, scraping, crawling, or using any processes that send automated queries to UMMAT to fetch data from web directly.. You may not use the Media or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Media or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by UMMAT, its subsidiaries, parent companies, and/or any third party owner of such rights.
If you are our corporate customer, it is possible that we have entered into a contract with you for non-disclosure of confidential information.
This Policy shall not affect such a contract in any manner.
The UMMAT or SPIDER company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from UMMAT or SPIDER or its wholly-owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use any UMMAT or SPIDER name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of UMMAT or SPIDER. You May send us email on firstname.lastname@example.org regarding any inquiries or information on this issue.
THE WAY MIGHT USE INFORMATION PROVIDED BY YOU : We will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
UMMAT communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers, agents and other parties. While every attempt has been made for authenticity of the content on the Media. UMMAT has no control over content, the accuracy of such content, integrity or quality of such content and the any kind of information on our pages, and material on the Media may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information posted in your listing, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, SPIDER or UMMAT are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Media or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses or any other unknown reason.
All of the data on products/Services including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Media .
WE reserve the right, in its sole discretion to make improvements to, or correct any error or omissions in, any portion of the Media. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but will not be liable for any kind of inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Media content hosted on the Media are reserved with UMMAT. Users are permitted to read, or print not download the text, data and/or graphics from the Website or any other Media for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Media in any other manner, whole or in part, are strictly prohibited, failing which highly strict legal action will be initiated against such users may be personal or company.
UMMAT and its affiliates are not at all responsible for the content, functionality, authenticity or technological safety of these external sites listed anywhere in our website. We reserve the right to disable/hide links to or from third-party sites to any of our Media. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Links to external Internet websites may be provided within the content on our Website or other Media as a convenience to users. The listing of an external site does not imply endorsement of the site by UMMAT or its affiliates. UMMAT does not make any representations regarding the availability and performance of its Media or any of the external websites to which we provide links. When you click on advertiser banners or other external links from the Website or other Media, your browser automatically may direct you to a new or same browser window that is not hosted or controlled by UMMAT as per settings of your current web browser.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of our Media, and we make no representation or responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Media that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and UMMAT will not be responsible for the accuracy or correctness of such information. UMMAT reserves the right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Media access rules and regulations for any user(s).
UMMAT also reserves the right to impose/change the access regulations of the Media , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms conditions. It will be the responsibility of users to refer to these terms conditions each time they use the Media .
While every attempt has been made to ascertain the authenticity of the content in the Media, UMMAT is not liable for any kind of damages, losses or action arising directly / indirectly, due to any kind of reasons.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from Media.
Any use of the Media, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk only. UMMAT disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Media.
The material and the media used to provide the material are provided "as it is" and "as available" without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Ummat disclaims, to the fullest extent permitted under law. Ummat does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.
Ummat disclaims any warranties regarding the security, reliability, timeliness, accuracy and performance of the media and materials or any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the media some countries or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and country to country and jurisdiction to jurisdiction.
LIABILITY LIMITATION :
In no event shall ummat be liable to any user on account of such user's use, misuse or reliance on the media for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if ummat are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the media, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any media. UMMAT does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the media or other material accessible from the media.
The user of the media assumes all responsibility and risk for the use of our media. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries or government or any other authority do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
UMMAT may make improvements and/or changes in the products, services and/or programs described in these Media and the Materials at any time without notice.We are under no obligation to monitor the material residing on or transmitted to the Media . However, anyone using the Media agrees that UMMAT may monitor the Media contents periodically to comply with any necessary laws, regulations or other governmental requests OR to operate the Media properly or to protect itself and its users. UMMAT reserves the right to modify, reject or eliminate any material residing on or transmitted to its Media that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
UMMAT will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. UMMAT reserves the right to delete any materials it deems detrimental to the system or is, or in the opinion of UMMAT, may be, defamatory, infringing or violate of applicable law. UMMAT reserves the right to exclude Material from the Media. Materials submitted to UMMAT for publication on the Media may be edited for length, clarity and/or consistency with UMMAT’s standards.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
These Terms will be governed by and construed in accordance with the laws Governed by INDIAN GOVERMENT, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India only. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us(you and we) and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and UMMAT. UMMAT reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. UMMAT reserves the right to seek all remedies available at law and in equity for violations of these Terms.
All of our notices, demands and other communications must be in writing and will be deemed to have been given (1) if mailed by certified mail, postage prepaid, (2) if delivered by courier, (3) if sent by facsimile transmission and such transmission is confirmed as received, or (4) if sent by e-email, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: SPIDER COMMUNICATION Private Limited, 502, Mauryansh Elanza, Shyamal Cross Road, Satellite, Ahmedabad, Gujarat.
Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal or accidental), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations will continue during any event of force majeure.
You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation.
Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language or might be in hindi language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Ahmedabad, India.
These Terms conditions constitute the entire agreement between you and UMMAT with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in above content, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms which will be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.