1. GENERAL
This platform is run by Mrs. Najma Khan (hereinafter referred to as “Owner” or “Owner of the Platform”) (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns). The creator of these Terms of Service ensures steady commitment to Your privacy concerning the protection of your invaluable information. This document contains information about the Website https://elnazco.com/ (hereinafter collectively referred to as the “Platform”).
2. DEFINITION
For these Terms of Use (“Terms”), wherever the context so requires,
- “We”, “Our”, and “Us” shall mean and refer to the Platform and the Owner of the platform, as the context so requires.
- “User” shall mean and refer to natural and legal individuals who view the Blog and who is of sound mind and competent to make sound and informed decisions.
- “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Blog.
- The term “Platform” refers to the domain created and owned for public viewing.
3. GENERAL TERMS
- The headings of each section in these Terms are only to organize the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Owner, from time to time, is at his sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and the Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Owner of this Domain, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable for the use of the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Owner of this Platform reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop viewing the Platform at once. Their continuous use of the Platform will signify acceptance of the changed terms.
4. REGISTRATION
The Platform is only to provide the updates of posts and blogs on the platform and registration is not mandatory, however, for any notification and such other communication from the Blog, the User shall register on the platform to avail the services of the Platform but the users can link their Facebook and Gmail account on the platform.
5. ELIGIBILITY
- The User has to be of sound mind and must be capable of making informed decisions after referring to the guides on the Platform.
- In the event of a minor accessing the website, it would be the responsibility of his immediate guardian to monitor the minor’s use, the platform or the owner will not be liable for any consequences.
6. CONTENT
- All the Content displayed including but not limited to the illustrations, photographs and write-ups on the Platform is created by the owner and is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the owner of the platform.
- The Users/Readers may be able to submit their guides/ write-ups. The same shall be reviewed by the owner and the admin of the platform before it is displayed on the Platform.
- The creator of the guide shall be credited as an author but all rights over the content, including but not limited to the copyright shall be vested with the owner.
7. INDEMNITY
The Users undertake to indemnify the Platform and keep it indemnified against all proceedings, claims, expenses, and liabilities whatsoever which may be taken or made against or incurred by the Platform or by reasons of the premises for any comments, feedback or any other form of content created by them, which has been published by the owner/admin on the Platform.
8. TERM & TERMINATION
- These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use of the Platforms.
- A User may terminate their use of the Platform at any time.
- The owner of the Platform may terminate these Terms without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit the owner’s right to take any other action against you that the owner of the platform considers appropriate.
- It is also hereby declared that the user of the platform may discontinue the Platforms without any prior notice.
- The owner reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the platform, or any portion thereof, at any time, without notice or cause.
- The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
9. COMMUNICATION
- By using this Platforms and providing his/her identity and contact information to the owner through the Platform, the User hereby agrees and consents to receive calls, e-mails or SMS from the owner if any at any time.
- Users can report to the owner any grievances or suggestions that they have through e-mail, if they find any discrepancy concerning the information generated on the Platform, the owner will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time that is taken for investigation.
10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted user of this Platform and that they:
- Authorize the Platform to use, store or otherwise process certain personal information and all published Content, reviews and ratings, comments and feedback for personalization, marketing, and promotional purposes and optimization of User-related options.
- Agree not to access (or attempt to access) the Platform and/or the materials by any means other than through the interface provided by the Platform.
- Expressly agree and acknowledge that the Content displayed on the Platform is for purpose of reference only, under no circumstance shall the User construe the same as expert/ professional advice. The User may, however, report any offensive or objectionable content, which the owner may then remove from the Platform, at his sole discretion.
- Expressly agrees to make good any losses suffered by the owner or platform which result as a consequence of any act committed by the User including but not limited to acts of fraud, misrepresentation of information provided on the Platform as expert advice or posting slanderous or libellous content in the form of comments or feedback.
- Agrees that they are using the Platform and accessing the platform at their own risk with their prudent judgment and the owner or Platform shall not be responsible for any resultant losses suffered.
- Agrees that the platform will be used by the User solely for non-commercial use with the intent of gaining information. No commercial endorsements will be made on the platform. In the event of detection of commercial activity by a user, the Platform will have the right to bar the User from posting further comments or content on the Platform.
Further:
- The User hereby expressly authorizes the Platform to disclose any information relating to the User in the possession of the Platform to law enforcement or other government officials, as the Platform may in its 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. The User further understands that the Platform might disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- The User agrees to use the services provided by the Platform and its owner, for lawful purposes only.
- The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which the User has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophile, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- violates any law for the time being in force;
- deceives or misleads the other users
11. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s Content which includes but is not limited to trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, illustrations, photographs, write-ups save and other distinctive brand features according to the provisions of these Terms.
The User however may use and/or borrow the Platform’s content and shall expressly provide a functionable source link (backlink) to the Platform published link.
12. FORCE MAJEURE
Neither the owner nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its 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.
13. DISPUTE RESOLUTION AND JURISDICTION
- It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. If the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
- Arbitration: If the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the owner of the property, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Hyderabad, Telangana.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
14. GRIEVANCES
Any communication relating to any dispute or grievance experienced by the User may be communicated to the owner of the platform by the User by emailing [email protected]
15. MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the owner of the Platform concerning the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Platform, you can contact us at [email protected].