i. your use of and access to the Website and/or the Service;
ii. your violation of any term of these Terms;
iii. your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
iv. any claim that your Content caused damage to a third party.
This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
c. You acknowledge and agree that Thrise, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Thrise believes that you have violated these Terms or any laws. Further, you agree that Thrise shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
ii. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service,
iii. Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,
iv. Any interruption or cessation of transmission to or from the website,
v. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or
vi. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service.
d. Thrise does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Thrise WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
b. The Terms and the relationship between you and Thrise shall be governed by the laws in force in the territory of India without regard to its conflict of law principles. You and Thrise agree to submit to the personal and exclusive jurisdiction of the courts located within Chennai, Tamil Nadu, India and The failure of Thrise to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
c. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.
d. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
e. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
a. Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the homepage of the Website. Any failure to act by Thrise with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Thrise the following as liquidated damages (and not a penalty):
b. If Thrise establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Thrise five thousand rupees only (Rs.5,000/-) for
each message posted in excess of such limits or
each day on which you access Thrise in excess of such limits, whichever is higher.
If you post a message that
i. impersonates any person or entity;
ii. falsely states or otherwise misrepresents your affiliation with a person or entity; or
iii. that includes personal or identifying information about another person without that other person’s explicit consent, you agree that Thrise in its sole discretion may disclose identifying information about you to the victim, and that Thrise may institute a claim against you in court, that you shall pay Thrise fifty thousand rupees (50,000/-) for each such message.
d. If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under the terms below you agree to pay Thrise five thousand rupees (Rs.5,000/-) for each and every item you post in violation of these Terms. A Posting Agent will also be deemed to be an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay Thrise an additional five thousand rupees (Rs.5,000/-) for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
e. If you use Thrise e-mail addresses or computer systems to send unsolicited e-mail advertisements to Thrise e-mail addresses or any other party, you agree to pay Thrise five thousand rupees (Rs.5,000/-) for each such e-mail.
f. If you post messages in violation of these Terms, other than as described above, you agree to pay Thrise five thousand rupees (Rs.5,000/-) for each such message. Notwithstanding the foregoing, Thrise may, in its sole and absolute discretion, issue a warning before assessing damages pursuant to this provision.
g. If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Thrise’s prior written permission, you agree to pay Thrise one lakh rupees (Rs.1,00,000/-) for each activity on which you engage in such conduct.
h. If none of the foregoing clauses are applicable, you agree to pay Thrise actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Thrise retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.
If you have any grievance with respect to the Website or the Service, you can contact our grievance officer at: Email: email@example.com