Last updated: 08/10/2022
Fern Crystal’s Websites include www.searcharoundweb.com, www.sportspartans.com, www.freshersjoblive.com, www.oneandonlyhealthtips.com, www.seohunterz.com and www.sketchnshade.com (collectively, the “Websites”).
- You shall not use the Websites if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Websites.
All the Content displayed on the Websites is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Websites and whilst feedback and comments by You can be made via the Websites, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Websites. Further, the Websites reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Websites or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Websites. You shall not copy, adapt, and modify any content without written permission from Us.
- Your use of the Websites,
- Your violation of any rights of another;
- Your conduct in connection with the Websites;
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Websites and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
- a. We are not responsible for any consequences arising out of the following events:
- i. If the Websites is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. If you have fed incorrect information or data or for any deletion of data;
iii. If there is an undue delay or inability to communicate through email;
iv. If there is any deficiency or defect in the Services managed by Us;
v. If there is a failure in the functioning of any other service provided by Us.
b. The Websites accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Websites or any service availed of by Us through the Websites. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Websites.
e. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Websites.
- b. You may terminate your use of the Websites at any time.
- d. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
- e.It is also hereby declared that we may discontinue the Services and Websites without any prior notice.
- We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Websites, or any portion thereof, at any time, without notice or cause.
- We also reserve the universal right to deny access to You, to any/all of are on its Websites without any prior notice/explanation to protect the interests of the Websites and/or other Users to the Websites.
- We reserve the right to limit, deny or create different access to the Websites and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using the Websites and providing Your identity and contact information to Us through the Websites, You agree and consent to receive calls, e-mails or SMS from Us and/or any of its representatives at any time.
You can report to “firstname.lastname@example.org” if you find any discrepancy with regard to Websites or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledges that you are a restricted user of the Websites and you:
- Agree to provide genuine credentials during the process whenever required on the Websites. You shall not use a fictitious identity to register. We are not liable if you have provided incorrect information.
- Agree to ensure the Name, Email address, Address, Mobile number and any such other information that may be provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
- You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Websites. Any such use/limited use of the Websites will only be allowed with the prior express written permission.
- Agree not to access (or attempt to access) the Websites and/or the materials or Services by any means other than through the interface provided by the Websites. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Websites or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Websites, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Websites will lead to suspension or termination of your access to the Websites. We disclaim any liabilities arising concerning such offensive content on the Websites.
- Expressly agree and acknowledge that the Content generated by the Users and displayed on the Websites is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Websites, at our sole discretion.
You further undertake not to:
- Engage in any activity that interferes with or disrupts access to the Websites or the services provided therein (or the servers and networks which are connected to the Websites);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Websites or any network connected to the Websites, nor breach the security or authentication measures on the Websites or any network connected to the Websites. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Websites, or any other viewer of the Websites, including any User account maintained on the Websites not operated/managed by the User, or exploit the Websites or information made available or offered by or through the Websites, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Websites, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked Websites.
- Violate any code of conduct or guideline which may apply for or to any particular service offered on the Websites;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Websites;
- You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Websites might be directed to disclose any information (including the identity of persons providing information or materials on the Websites) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- By indicating Your acceptance to use any services offered on the Websites, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
- You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
- You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the Websites without prior intimation whatsoever.
- You agree not to post any material on the Websites that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which you have no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean 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, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Websites, and/or refuse to the usage of the Websites, without being required to provide you with notice or cause:
- If you have provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
You shall not use any of the intellectual property displayed on the Websites in any manner that is likely to cause confusion among existing or prospective users of the Websites, or that in any manner disparages or discredits the Websites, to be determined in the sole discretion.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Websites through which You can communicate with other users and the Websites does not own any of the intellectual property relating to the independent content displayed on the Websites, apart from created graphics and specified content.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- You further agree and undertake that you are accessing the Websites at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Websites or accessing/using any information displayed thereon.
- You agree that any kind of information, resources, activities, recommendations obtained/availed from the Websites, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
- We do not guarantee that the features and content contained in the Websites will be uninterrupted or error-free, or that the Websites or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Websites.
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Erode, Tamil Nadu, India.