Terms & Conditions for use
Welcome to Omnia Business Solutions Private Limited (the “Company”) terms and conditions of use for “www.theonlineconsultants.in” Website (the “Site”) and conditions of use for these terms apply to and govern your use of the Company’s Web site as a passive visitor, as well as the services that the Company provides to participants who sign up with the Company as members (“Members”) (such services to be referred to herein as “Services”). For purposes of these Terms, the words “you” and “your” shall refer to any visitor to the Site, as well as any Member, as defined above. Your use of the Site or the Services signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not access or otherwise use the Site or receive the Services.
License to Use the Site
The Company grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms. Except as expressly provided herein or otherwise allowed by the Company, you may not use the Site or the Services for any commercial purpose.
Changes to these Terms
The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these Terms will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. If we decide to change our terms and conditions of use, we will post those on our Site. You can determine when these Terms were last revised by referring to the “LAST UPDATED” line at the bottom of these Terms. Your continued use of the Site after any changes to the site will indicate your acceptance of the changes and Terms.
Ownership and Restrictions
The Company owns, controls, licenses the right to use and provide the Site and all material on the Site, including without limitation software, technology, text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to Indian copyright laws, international conventions, and other copyright laws. The Company, and/or its third party providers, are the owners of the copyright in the entire Site. The Company owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these Terms, without the express written permission of the Company. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of the Company and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
This Site also contains trademarks of the Company protected under Indian and International Trademarks laws. Use of such marks without the Company’s written permission is strictly prohibited.
Copyright and Trademark Notices
The Company’s trademark and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company
Change to Site or Content
The Company shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features or hours of availability. The Company may also impose limits on certain features and Services or restrict your access to parts or the entire Site without notice or liability.
Third Party End User Licensing Terms
Certain products available for licensing from this Site have been supplied by third party vendors and some third party vendors have supplied their own end user license agreement to govern the licensing terms of their product. Your use of any product you have purchased on the Site from a third party vendor that has supplied its own end user license agreement creates a binding agreement between yourself and such third party vendor. In that case, the third party vendor’s terms apply to all aspects of your use of the product you have purchased and the Site terms govern the terms of the purchase itself. Any dispute regarding your use of a product purchased under the terms of a third party’s end user license agreement shall be between you and the third party.
Acceptable Use Policy
As a condition of your use of this Site and the Services, you warrant to the Company that you:
- Will only use this Site and Services for lawful purposes in accordance with these Terms;
- Agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of the Company or third parties in connection with your use of the Site;
- Agree to provide us with accurate information, and to update such information in the event that it becomes outdated or inaccurate, as necessary for provision of the Services to Members through our Site, and to take responsibility for the information you provide;
- Will be responsible for creating and maintaining the confidentiality of your user name and password, and for all activity occurring under your password and Member Account;
- Will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Site or the Services;
- Will not harvest, gather or otherwise collect contact information of other users of the Site or Services, for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters;
- Will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly harmful or discourteous language in any e-mail or form entry created through this Site;
- Will not access or attempt to access unauthorized areas of the Site, tamper with other users’ postings, or unreasonably load or burden the Site’s servers.
Monitoring, Editing and Disclosure of User Material
You agree that the Company has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these Terms and any other operating rules that the Company may establish from time to time. Notwithstanding this right of the Company, the Company does not and cannot review all materials posted to the Site by users, and the Company is not responsible for any such materials posted by users. the Company reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in the Company’s sole discretion, such materials are objectionable or in violation of these Terms. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Links to Other Web Site
The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by the Company or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that the Company or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates. The Company is not responsible for content on or services provided by other Web sites that are linked to or from the Site, including without limitation the Company’s partners’ Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Disclaimer of Warranties and Damages; Limitation of Liability
The site, including all services, content, software, functions, materials and information made available on or accessed through the site, is provided to site visitors, members, and any other third party on an “as is” and “as available” basis without representations or warranties of any kind whatsoever express or implied, including without limitation, warranties of non-infringement, merchantability or fitness for a particular purpose. neither the company nor its content providers or partners warrant that the services, functions, features or content contained in the site will be uninterrupted or error free, that defects will be corrected, or that any site or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy, meaningfulness, or reliability of the site, content, materials, services, information or functions made accessible by the site, any products or services of or hypertext links to, third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. the company and its partners, subsidiaries and affiliates make no warranties and shall not be liable for the use of the site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to the company’s negligence. if you are dissatisfied with the site, services or any materials on the site, your sole remedy is to discontinue using the site. under no circumstances shall the company, its subsidiaries, partners, affiliates or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the site and the content, materials, services and functions in the site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities or an authorized representative thereof have been advised of the possibility of such damages. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company or any the Company affiliate or subsidiary other than pursuant to these Terms. The Company shall not be responsible for the payment of any monies to any party in connection with the Company’s use of Communications submitted by you to the Site
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site including all Content and/or Services for any commercial purpose.
The Company makes no representation that materials in the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the India. Those who choose to access this Site from other locations outside of the INDIA do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Governing Law and Forum
This website is owned & controlled by “Omnia Business Solutions Private Limited” from our offices located in the state of Delhi, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Delhi, India by accessing our website, you agree that the statutes and laws of Delhi, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Delhi, India. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Miscellaneous
These Terms and any additional terms contain the entire agreement between you and the Company with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Site. Any failure to enforce any provision of these Terms or such additional terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such additional terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such additional terms and will not affect the validity and enforceability of any remaining provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Claims of Copyright Infringement
All content and materials available on www.theonlineconsultants.in, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Omnia Business Solutions Private Limited, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Omnia Business Solutions Private Limited
No Legal Advice Offered
The content on this Web site is intended to be a general information resource in regard to the subject matter covered. The Company is not a law firm and it does not directly or indirectly practice law or attempt to render or dispense legal services via this Web site. Nothing contained in this Web site is intended to be instruction for legal representation or to establish an attorney-client relationship. Any information provided on this Web site is not guaranteed to be correct, complete or up-do-date. The law changes frequently, is different from jurisdiction to jurisdiction and is also subject to different interpretations from different courts. This Web site is not a substitute for the advice of an attorney.
Notices to the Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail.
Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in the Company’s discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
Terms & Conditions of Business
- Scope. The following Terms and Conditions will apply exclusively to the current and future business relationships between “Omnia Business Solutions Pvt Ltd.” (Collectively with its subsidiaries and affiliated companies), and you (“you” or the “customer”). Any additional or inconsistent terms issued by you, including any such terms and conditions set forth on a purchase order provided by you shall not be binding upon the Company, unless it gives its express agreement in writing.
- Entire Agreement. Any quotation or price information made available by the Company is without obligation and subject to change without notice unless an offer has been designated as binding. Oral understandings between you and the Company will require written confirmation by the Company and a contract between you and the Company will only become valid when it has been accepted in writing by the Company (e.g., confirmation of order, which will be final) or when the order is performed (e.g., delivery, download or connection by you of or to the software). As permitted by law, the Company reserves the right to correct errors in its offers, invoices and communications such as spelling or arithmetical errors. You and the Company each owe a duty to each other co-operate in order to give full effect to your agreement.
- Assignment. Unless specifically set forth in a written agreement between you and the Company, your obligations to the Company may not be sublicensed or assigned to any third party (with a change in control of you constituting an assignment). These Terms and Conditions shall be binding on each party’s successors and assigns.
- Prices. Unless otherwise indicated in writing by the Company, all prices are quoted in Rupees and are exclusive of all taxes and duties imposed by any governmental authority and freight charges (if any), all of which shall be paid by the customer.
- Disclaimer of Warranties. The user expressly agrees that use of the service is at the user's sole risk. The service is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranty that the service will meet a user's requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does the Company 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 through the service or that defects in the software will be corrected. The Company makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by the User from the Company shall create any warranty not expressly stated herein.
- Partial Nullity. In the event that any provision of these Terms and Conditions is unenforceable or invalid, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.
- Governing Law and Jurisdiction. The agreement entered into between you and the Company is governed by the laws of the Government of India and is applicable to contracts wholly entered and performable within the country. The Indian District Court shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and the Company agree to the personal jurisdiction and venue of these courts in any action related to such agreement.