Terms of Service
OF SERVICE AGREEMENT
Last revised on: 02 May, 2015
PLEASE READ THIS
TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING
PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
The website www.bettercareers.in (here in after
'Website'), developed and operated by Three - E Incorporation, established
Bombay Shops and Establishments Act, 1948, with
its Address at Station Road, Opposite Laxmi Talkies, At: Vaijapur - 423701,
Dist: Aurangabad, Maharashtra, India is offered to the user/s (hereinafter
'visitor/s') upon the terms and conditions that follow. Use of the website
constitutes acceptance of these terms and conditions, which take effect on the
date that the visitor first accesses and/or uses the website.
This Terms of Service
Agreement (the "Agreement") governs your use of this website, www.bettercareers.in
(the "Website"), Three - E Incorporation ("Business Name")
offer of products for purchase on this Website, or your purchase of products
available on this Website. This Agreement includes, and incorporates by this
reference, the policies and guidelines referenced below. Three - E
Incorporation reserves the right to change or revise the terms and conditions
of this Agreement at any time without any prior notice. Three - E Incorporation
will alert you that changes or revisions have been made by indicating on the
top of this Agreement the date it was last revised. The changed or revised
Agreement will be effective immediately after it is posted on this Website.
Your use of the Website following the posting any such changes or of a revised
Agreement will constitute your acceptance of any such changes or revisions. Three
- E Incorporation encourages you to review this Agreement whenever you visit
the Website to make sure that you understand the terms and conditions governing
use of the Website. This Agreement does not alter in any way the terms or
conditions of any other written agreement you may have with Three - E Incorporation
for other products or services. If you do not agree to this Agreement
(including any referenced policies or guidelines), please immediately terminate
your use of the Website.
Terms of Offer. This
Website offers for sale certain products (the "Products"). By placing
an order for Products through this Website, you agree to the terms set forth in
Solicitation: Unless you
notify our third party call center representatives or direct Three - E Incorporation sales representatives in
writing, while they are calling you, of your desire to opt out from further
direct company communications and solicitations, you are agreeing to continue
to receive further emails and call solicitations from Three - E Incorporation and its designated in
house or third party call team(s).
Out Procedure: We provide
various ways to opt out of from future solicitations.
You may use the opt out link found in any email solicitation that you may receive.
You may also choose to opt out, by sending an email to: firstname.lastname@example.org
You may send a written remove request to: Station
Road, Opposite Laxmi Talkies, At: Vaijapur - 423701, Dist: Aurangabad,
Proprietary Rights. Three - E Incorporation has proprietary rights
and trade secrets in the Products. You may not copy, reproduce, resell or
redistribute any Product manufactured and/or distributed by Three - E Incorporation. Three - E Incorporation also has rights to all
trademarks and trade dress and specific layouts of this webpage, including
calls to action, text placement, images and other information.
Taxes. If you
purchase any Products, you will be responsible for paying any applicable taxes.
Property; Third Party Links. In addition to making Products available, this
Website also offers information and marketing materials. This Website also
offers information, both directly and through indirect links to third-party
websites. Three - E Incorporation does not always create the information
offered on this Website; instead the information is often gathered from other
sources. To the extent that Three - E Incorporation does create the content on
this Website, such content is protected by intellectual property laws of the India,
foreign nations, and international bodies. Unauthorized use of the material may
violate copyright, trademark, and/or other laws. You acknowledge that your use
of the content on this Website is for personal, noncommercial use. Any links to
third-party websites are provided solely as a convenience to you. Three - E
Incorporation does not endorse the contents on any such third-party websites. Three
- E Incorporation is not responsible for the content of or any damage that may
result from your access to or reliance on these third-party websites. If you
link to third-party websites, you do so at your own risk. Three - E Incorporation will try to maintain the
information on website accurately and from trusted sources; but, does not
guarantee the accuracy and reliability of the information. Any suggestions or
advice given on the website may be based on defined algorithms or inputs. Users
are advised to take any decision/s based on his/her risk. Three - E
Incorporation will not be liable for any circumstances that occur from
dependency on any data or information provided. The
content of the pages of this website is for your general information and use
monitor browsing preferences. If you do allow cookies to be used, personal
information may be stored by us for use by third parties.
Use of Website; Three
- E Incorporation is not responsible for
any damages resulting from use of this website by anyone. You will not use the
Website for illegal purposes. You will (1) abide by all applicable local,
state, national, and international laws and regulations in your use of the
Website (including laws regarding intellectual property), (2) not interfere
with or disrupt the use and enjoyment of the Website by other users, (3) not
resell material on the Website, (4) not engage, directly or indirectly, in
transmission of "spam", chain letters, junk mail or any other type of
unsolicited communication, and (5) not defame, harass, abuse, or disrupt other
users of the Website.
License. By using
this Website, you are granted a limited, non-exclusive, non-transferable right
to use the content and materials on the Website in connection with your normal,
noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute,
or create derivative works of such content or information without express
written authorization from Three - E
Incorporation or the applicable third party (if third party content is
Posting. By posting,
storing, or transmitting any content on the Website, you hereby grant Three - E
Incorporation a perpetual, worldwide, non-exclusive, royalty-free, assignable,
right and license to use, copy, display, perform, create derivative works from,
distribute, have distributed, transmit and assign such content in any form, in
all media now known or hereinafter created, anywhere in the world. Three - E
Incorporation does not have the ability to control the nature of the
user-generated content offered through the Website. You are solely responsible
for your interactions with other users of the Website and any content you post.
Three - E Incorporation is not liable for any damage or harm resulting from any
posts by or interactions between users. Three - E Incorporation reserves the
right, but has no obligation, to monitor interactions between and among users
of the Website and to remove any content Three - E Incorporation deems
DISCLAIMER OF WARRANTIES
use of this website and/or products is at your sole risk. The website and products
are offered on an "as is" and "as available" basis. Three - E Incorporation expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose and
non-infringement with respect to the products or website content, or any
reliance upon or use of the website content or products. ("Products"
include trial products also.)
limiting the generality of the foregoing, Three -
E Incorporation makes no warranty:
the information provided on this website is accurate, reliable, complete, or
the links to third-party websites are to information that is accurate,
reliable, complete, or timely.
advice or information, whether oral or written, obtained by you from this
website will create any warranty not expressly stated herein.
to the results that may be obtained from the use of the products or that
defects in products will be corrected.
any products purchased or obtained through the website.
LIMITATION OF LIABILITY
Three - E Incorporation entire liability, and
your exclusive remedy, in law, in equity, or otherwise, with respect to the
website content and products and/or for any breach of this agreement is solely limited
to the amount you paid, less shipping and handling, for products purchased via
Three - E Incorporation will not be liable
for any direct, indirect, incidental, special or consequential damages in
connection with this agreement or the products in any manner, including
liabilities resulting from (1) the use or the inability to use the website
content or products; (2) the cost of procuring substitute products or content;
(3) any products purchased or obtained or transactions entered into through the
website; or (4) any lost profits you allege.
You will release,
indemnify, defend and hold harmless Three - E Incorporation, and any of its
contractors, agents, representatives, stakeholders, employees, officers,
directors, shareholders, affiliates and assigns from all liabilities, claims,
damages, costs and expenses, including reasonable attorneys' fees and expenses,
of third parties relating to or arising out of (1) this Agreement or the breach
of your warranties, representations and obligations under this Agreement; (2)
the Website content or your use of the Website content; (3) the Products or
your use of the Products (including Trial Products); (4) any intellectual
property or other proprietary right of any person or entity; (5) your violation
of any provision of this Agreement; or (6) any information or data you supplied
to Three - E Incorporation. When Three - E Incorporation is threatened with
suit or sued by a third party, Three - E Incorporation may seek written
assurances from you concerning your promise to indemnify Three - E
Incorporation; your failure to provide such assurances may be considered by Three
- E Incorporation to be a material breach of this Agreement. Three - E
Incorporation will have the right to participate in any defense by you of a
third-party claim related to your use of any of the Website content or
Products, with counsel of Three - E Incorporation choice at its expense. Three
- E Incorporation will reasonably cooperate in any defense by you of a third-party
claim at your request and expense. You will have sole responsibility to defend Three
- E Incorporation against any claim, but you must receive Three - E
Incorporation prior written consent regarding any related settlement. The terms
of this provision will survive any termination or cancellation of this
Agreement or your use of the Website or Products.
- E Incorporation believes strongly in protecting user privacy and providing
you with notice of use of data. Please refer to Three - E Incorporation privacy
policy, incorporated by reference herein, that is posted on the Website.
AGREEMENT TO BE BOUND
using this Website or ordering Products, you acknowledge that you have read and
agree to be bound by this Agreement and all terms and conditions on this
Majeure. Three - E Incorporation will not
be deemed in default hereunder or held responsible for any cessation,
interruption or delay in the performance of its obligations hereunder due to
earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism,
armed conflict, labor strike, lockout, or boycott, etc.
of Operation. Three - E Incorporation may
at any time, in its sole discretion and without advance notice to you, cease
operation of the Website and distribution of the Products.
Agreement. This Agreement comprises the entire agreement between you and Three - E Incorporation and supersedes any prior
agreements pertaining to the subject matter contained herein.
of Waiver. The failure of Three - E Incorporation
to exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
this Agreement remain in full force and effect.
Law; Jurisdiction. This Website originates from Vaijapur, Maharashtra. This
Agreement will be governed by the laws of the State of Maharashtra, without
regard to its conflict of law principles to the contrary. Neither you nor Three - E Incorporation will commence or
prosecute any suit, proceeding or claim to enforce the provisions of this
Agreement, to recover damages for breach of or default of this Agreement, or
otherwise arising under or by reason of this Agreement, other than in courts
located in State of Maharashtra. By using this Website or ordering Products,
you consent to the jurisdiction and venue of such courts in connection with any
action, suit, proceeding or claim arising under or by reason of this Agreement.
You hereby waive any right to trial by jury arising out of this Agreement and
any related documents.
of Limitation. You agree 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 Website or
Products or this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
of Class Action Rights. By entering into this agreement, you hereby irrevocably
waive any right you may have to join claims with those of other in the form of
a class action or similar procedural device. Any claims arising out of,
relating to, or connection with this agreement must be asserted individually.
Three - E Incorporation reserves the right
to terminate your access to the Website if it reasonably believes, in its sole
discretion, that you have breached any of the terms and conditions of this
Agreement. Following termination, you will not be permitted to use the Website
and Three - E Incorporation may, in its
sole discretion and without advance notice to you, cancel any outstanding
orders for Products. If your access to the Website is terminated, Three - E Incorporation reserves the right to
exercise whatever means it deems necessary to prevent unauthorized access of
the Website. This Agreement will survive indefinitely unless and until Three - E Incorporation chooses, in its sole
discretion and without advance notice to you, to terminate it.
Domestic Use. Three - E Incorporation makes
no representation that the Website or Products are appropriate or available for
use in locations outside India. Users who access the Website from outside India
do so at their own risk and initiative and must bear all responsibility for
compliance with any applicable local laws.
Assignment. You may not assign your
rights and obligations under this Agreement to anyone. Three - E Incorporation may
assign its rights and obligations under this Agreement in its sole discretion
and without advance notice to you.
BY USING THIS
WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT.