Terms of Use for the Access of Information
In accordance with the revised Information Technology Act, 2000 and regulations promulgated thereunder, this document is an electronic record. No digital or physical signatures are necessary to create this electronic record because it is computer generated. Publishing the Terms for access or usage of ORM GURU’s service via ORM GURU Portal is mandated by Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. This document is published in compliance with that rule. Such a document satisfies the requirements laid out in the Indian Evidence Act, 1872, Section 65B (2).
The execution of this agreement by you
This agreement governs your use of ORM GURU's search services, which are offered through its website www.ORMGURU.com ("Website"), telephone search, SMS, WAP, or any other medium through which ORM GURU may provide the search services (collectively "Platforms"). ORM GURU Limited is a company incorporated under the Companies Act 1956 with its registered office at Building[1] ("ORM GURU" "we," or "our"). These Terms and Conditions ("Terms") govern your use of the Platforms whenever you access or use them.
Updates -
The responsibility for reviewing these Terms for changes resides with you, as we reserve the right to make changes to the Site and the Terms at any time without prior notice. By continuing to use the site after we post revised Terms to the site, you are indicating your agreement to the changes. The revised Terms will be effective upon publication.
Our Resources' Utilization Regulations:
In order to provide the search services on the Platforms, we employ a wide variety of resources, including but not limited to: text, pictures, photos, designs, graphics, audio and video recordings, animation, content, advertisements, and other content and effects (collectively "Materials"). The Content Made Available Through the Platforms IS PROVIDED SOLELY FOR INDIVIDUAL, NON-COMMERCIAL USAGE.
The credibility of the content on the Platforms has been thoroughly checked, but ORM GURU cannot be held responsible for any damage, loss, or action that may occur as a result of accessing or using this content, whether it be decisions made based on this content leading to data loss, revenue loss, profit loss, property damage, virus infection, or any other kind of damage.
Therefore, you are strictly limited to using the Platforms for your own personal, non-commercial, informational purposes, including viewing, using, copying, and distributing the Materials. It is against the rules to use data mining, scraping, crawling, or other automated querying tool to reach ORM GURU. Incorporating a rival listing product or service into a collection of listings is strictly prohibited on the Platforms and all of its subdomains.
You are forbidden from sending any kind of unsolicited commercial email using the Platforms or any Materials. You are not being granted a license under any intellectual property right in the Materials or the products, services, processes, or technology mentioned therein, except as authorized in this paragraph. The Materials may contain copyright, trademark, or patent information. The rights in question are owned by ORM GURU, its affiliates, parent businesses, and/or any other entity with a claim to them.
Recommended USE OF OUR MARKS:
Trademarks and service marks used under license from ORM GURU or its wholly owned subsidiaries include the ORM GURU corporate names and logos as well as all related product and service names, design marks, and slogans. Unless otherwise stated, all other trademarks and service marks mentioned herein are owned by their respective companies. Copyright, trademark, or other proprietary notices pertaining to the copied item must be visible on all copies of the Materials made from any of the Platforms.Unless ORM GURU gives you explicit written permission, you can't use any of their names or marks in commercial contexts like ads or PR. You need to send your requests for approval to mail id to be added[2]
How We May Access The Data You Submit To Us
Ensure that no proprietary or secret information is sent to us. We will not treat any material you send us as confidential or proprietary, with the exception of personally identifiable information that we are required to keep secret per our Privacy Policy. This includes, but is not limited to, feedback, data, answers, questions, comments, suggestions, ideas, and the like.
Except for personally identifiable information, we are not obligated to keep any information secret and reserve the right to use, reproduce, and distribute such material as we see fit. Furthermore, we are free to create, manufacture, and sell products and services that use any ideas, concepts, know-how, or techniques contained in the information you provide to us, for any reason at all.
USER RATINGS, REVIEWS, AND COMMENTS:
Using any of the aforementioned mediums to post Reviews, Ratings and Comments about the ORM GURU services and the Advertisers listed at ORM GURU is subject to additional terms and conditions as mentioned herein, since ORM GURU provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP, voice or phone).
Your Reviews, Ratings, and Comments, as well as any other content you post on the Site or any of the other mediums provided by ORM GURU, are your exclusive responsibility, and you are fully responsible for the content of all "Communications" that you make. The opinions expressed in your communication do not reflect those of ORM GURU, and they do not endorse or approve them.
When you post anything on the site, you're basically giving ORM GURU a royalty-free, perpetual, worldwide, irrevocable license to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, incorporate into compilations, reproduce and distribute those compilations, and otherwise make money off of those communications on any platform that's out there, whether it's now known or not.
You represent and warrant that you are legally able to grant ORM GURU these rights. Any and all rights, including but not limited to "moral rights" and intellectual property rights, in any and all communications placed at ORM GURU or transmitted within are expressly waived and granted to ORM GURU. ORM GURU may utilize any and all of your communications in its discretion, as it sees fit.
By posting a review, rating, or comment, you confirm and affirm that you are the sole owner of the content, that it is correct, and that your use of the content does not infringe upon these Terms or harm any person or business. It should be understood that when we talk about communications, we also mean the reviews, ratings, and comments that your friends post and that you tag in them. This is to clear up any confusion. The ability to conceal or reveal your identify in relation to reviews, ratings, and comments is also reserved by ORM GURU.
Review, Rating, and Comment content is subject to monitoring and editing or removal at ORM GURU's discretion. Unfortunately, ORM GURU is unable to monitor all communications sent or received via its various channels. Orm Guru may, but is under no obligation to, monitor the Communications and remove, alter, or modify any part of them that Orm Guru determines is inappropriate, objectionable, in violation of ORM Guru policy, or otherwise violates these terms:
Any communication that ORM GURU considers inappropriate may not be uploaded, distributed, or published in any way on the Site or Forums.
- contains language that is considered to be sexually explicit, abusive, threatening, vulgar, or obscene;
- includes or is comprised of claims or indicators of origin that are not true or deceptive;
- disparages, libels, defames, or slanders another person or entity, or breaches their legal rights in any other way;
- is responsible for harming any individual or organization;
- does not adhere to or respect the rights of any third party with regard to their intellectual property, including copyright, patent, trademark, contract, trade secret, privacy, publicity, or any other right;
- disobeys any legal requirement, ordinance, or regulation;
- may include computer viruses or other harmful code that can damage, disable, or otherwise affect the operation of any software, hardware, or communications device;
- pretends to be someone else, or gathers and uses data about Site users in any way.
We would want to make it clear that ORM GURU has the right to take legal action against you if there are any difficulties or claims related to your reviews, ratings, and comments.
To go a step further, you're responsible for protecting ORM GURU from any claims, damages, or other issues that may arise as a result of your Reviews, Ratings, and Comments being posted on ORM GURU's site or any of its media.
You also understand that it is against the rules to do things like hack into the Site or any of ORM GURU's media, among other things, while using the Forums.
Data Protection Policy
No matter what kind of personal information ORM GURU requests or receives from its clients, business partners, or other website visitors, it will always keep that information private and secure. Please see our PRIVACY[3] POLICY for details on how we handle this type of personal data.
Disclaimer About Content:
ORM GURU provides data generated and supplied by users, advertisers, content partners, software engineers, publishers, marketing agencies, staff, and other outside parties.
Although ORM GURU has taken all necessary steps to ensure that the content on the Platforms is authentic, we cannot guarantee or be held liable for any information that is not accurate, up-to-date, in-depth, legal, or in compliance with any other intellectual property rights, or for any loss or damage that may occur as a consequence of such information.
Not limited to, content-based decisions leading to loss of data, revenue, profits, property, infection by viruses, etc., as well as any errors or omissions in any content, access and/or use of the content on the Platforms or any of them, do not constitute our liability.
The offering party reserves the right to alter, at any time and without prior notice, any and all product and promotion data, including but not limited to, pricing, availability, and features. It is important that you use caution when utilizing the Platforms.
ORM GURU is free to upgrade or fix any part of the Platforms as it sees fit, at any time and without notice or liability. We will make every effort to update the information on the Website as soon as possible when necessary, but we cannot be held responsible for any errors that may occur.
Orm Guru retains full ownership of the domain name and all intellectual property rights (including trademarks and copyrights) in relation to the Platforms and the material hosted on them. All content on the Website and any other Platforms is available for users to view, print, and download in their own personal capacity. Strict legal action will be taken against users who knowingly access, reproduce, redistribute, transmit, or otherwise deal with any information contained on the Platforms in any way, whether in whole or in part.
As a service to our users, our website and other platforms may provide links to other websites on the Internet. The inclusion of an external link does not mean that ORM GURU or any of its affiliates endorse the site. When you use ORM GURU's Platforms or any of the linked external websites, we don't guarantee that they will be available or run well. External links on the Website or other Platforms, such as advertiser banners or sponsor links, may open in a new browser window that is not under the control of ORM GURU.
The accuracy, completeness, legality, or functioning of these third-party websites are not under the control of ORM GURU or its affiliates. We have the authority, but not the duty, to disable links that lead to or from other websites to any of our Platforms. Advertisers, sponsors, and content partners who may co-brand with us may also be subject to our right to disable links.
The content of certain web links might be offensive, inappropriate, or otherwise disagreeable to some persons. Any content on any externally linked website is not our responsibility and may not be accurate, relevant, lawful, or otherwise appropriate. Directory listings on our Platforms are sourced from third-party websites; we do not conduct thorough reviews of these sites or the businesses listed on them, and we neither endorse nor are we responsible for the content of these listings.
The public is welcome to share their thoughts, opinions, suggestions, comments, and other information in the Platforms' sections that allow reader engagement; however, ORM GURU cannot guarantee that the material presented therein is accurate or complete. ORM GURU has complete discretion over the content and advertising that appears on the Platforms, and the laws and regulations that users must adhere to.
At any moment, ORM GURU may, as stated in these terms and conditions, impose or modify the Platforms' access regulations, including but not limited to, access fees, timings, equipment, access limits, and more. Each time a user uses the Platforms, they are responsible for reviewing these terms and conditions.
Despite our best efforts, ORM GURU cannot be held responsible for any damage, loss, or action that may result from accessing or using the content on the Platforms. This includes, but is not limited to, decisions made based on content on the Platforms that cause data loss, revenue loss, profit loss, property damage, virus infection, and so on.
Information About Warranty:
Anyone offering goods or services has the right to register with ORM GURU. ORM GURU does not verify that the ads are trustworthy businesses offering high-quality products or services. Before you can take advantage of the terms of service, you need to be sure of all the important details. Additionally, ORM GURU has not met with any of the advertisers to discuss or negotiate terms of engagement. You should also do this. It is entirely at your own responsibility if you decide to buy something or use a service offered by an advertiser.
Any advice, ratings, recommendations, products, services, deals, coupons, or other promotional materials included on, distributed through, linked, downloaded, or accessed from the Platforms, as well as their accuracy, legality, legitimacy, validity, or reliability, are not investigated, represented, or endorsed by us.
We do not endorse, sponsor, or recommend any third party, or the quality of any product or service, advice, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or connected with the Platforms. However, we may mention or provide hypertext links to third party sites or information.
You understand and agree that you use the Platforms, Materials, and the Internet at your own risk. The information or material displayed in the search results on the Platforms may not be accurate, comprehensive, legal, reliable, or operational or available, and ORM GURU expressly disclaims all duty or liability for these matters.
ALL INFORMATION AND HARDWARE INCLUDED IN OR IMPLIED IN THIS SITE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY.
To the maximum extent allowed by law, ORM GURU disclaims any warranties with regard to the platforms and materials, including warranties as to their security, reliability, timeliness, accuracy, and performance. Neither the absence of viruses nor the correction of errors is implied or implied by ORM GURU's warranty policy.
To the maximum extent permitted by law, ORM GURU disclaims all warranties, express or implied, including warranties with respect to information, goods, and services obtained through, advertised on, or through the platforms. Please note that the above exclusions may not apply to you if you are located in a country or jurisdiction that does not allow the exclusion of implied warranties. Your rights may also differ depending on the jurisdiction in which you find yourself.
IMPORTANT ADDENDUM
Users are hereby obligated to conduct adequate research before relying on, acting upon, or entering into any type of transaction (including, but not limited to, monetary transactions) with the Advertiser listed with ORM GURU, whether through the internet (www.ORMGURU.com website, Wapsite, SMS, phone, or any other medium).
Users are hereby warned that they should not assume anything about the honesty or reliability of the Advertisers or their claims or representations, and that ORM GURU does not verify, acknowledge, or support any claims or representations made by the Advertisers listed with ORM GURU.Additionally, ORM GURU disclaims all liability for the actions of any advertiser(s) featured on ORM GURU.
Constraints on Liability
Under no circumstances will ORM GURU be held liable to any user for any damages, including but not limited to direct, special, punitive, indirect, consequential, or incidental damages, as well as damages for loss of profits, revenue, use, or data, whether based on a warranty, contract, intellectual property infringement, violation (including negligence), or any other theory.
Regardless of whether ORM GURU knew or should have known that such damage could occur, stemming from or linked to the platforms, the materials, or the internet in general, or any content on or accessed through any platform, or the use (or lack thereof), reliance on, or performance of such content. ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS IS NOT, AND ORM GURU DOES NOT, ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ITS ACCURACY, COMPLETENESS, OR USEFULNESS.
Anyone using the platforms, as well as the internet in general, does so at their own risk and responsibility. THE IMPOSING CONDITIONS SHALL SURVIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTAND ANY LIMITED REMEDY'S FAILURE OF ESSENTIAL PURPOSE. The foregoing limitations may not apply to all users in countries where it is not legal to exclude or limit liability for consequential or incidental damages; in such countries, liability is limited to the maximum extent permitted by law.
External/Third Party Links & Services:
Ranging from the initial contact to the final payment and delivery of any related goods or services, as well as any other terms, conditions, warranties, or representations connected with any business dealings or sales promotions offered by advertisers or service providers on the Platforms, is a private matter between you and these parties.
We do not endorse or support any of these advertisers or service providers in any way, and you acknowledge that by using our Platforms, you are exposing yourself to their products and services and assuming any risks associated with conducting business online. All aspects of the information, advertising, products, services, or other materials on or available from such sites or resources, including their availability, accuracy, authenticity, copyright compliance, legality, decency, or any other aspect, are not our responsibility or liability.
You understand and accept that the linked sites have their own set of rules and regulations regarding user privacy and data collection and usage that differ from these Terms and the Privacy Policy that governs the Platforms. Businesses featured on the Platforms should be aware that we do not take responsibility for checking or enforcing local licensing requirements.
The Platforms may undergo frequent updates that affect the materials you transmit. The products, services, and programs described in these Platforms and the Materials are subject to change and enhancement at any moment by ORM GURU without prior notice. In no event will we be liable for the content of any third party that is hosted on or transmitted to the Platforms.
Users understand and agree that ORM GURU may periodically monitor the content of the Platforms in order to (1) comply with any applicable laws, regulations, or demands from the government, and (2) ensure the correct operation of the Platforms or user and company safety. If ORM GURU determines, at its sole discretion, that any content on or sent to its Platforms is objectionable, violates the law, or violates these Terms and Conditions, it may alter, reject, or remove such content.
REMOVALS FROM SERVICE: ORM GURU will remove any content upon request from either the original user or an advertiser who has chosen to "opt-out" of having that content (including third-party ratings and reviews) added to their ads. Any content that ORM GURU determines is harmful to the system, libelous, infringing, or violates applicable laws may be removed or not posted to public forums.
Material may be removed from the Platforms at any time by ORM GURU. Editing may be necessary to ensure that content submitted to ORM GURU for publication on the Platforms is concise, clear, and meets ORM GURU's editorial standards.
Warranty
Your violation of these Terms, any law, or the rights of a third party (including the infringement of any person's or entity's intellectual property or other right) shall cause us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees to be held harmless from any claim or demand, including reasonable attorneys' fees, made by any third party. These responsibilities shall remain in effect even if the Terms are terminated.
Numerous Matters
You understand and consent that personal jurisdiction in India has the authority to regulate and interpret these Terms, without regard to the conflict of laws regulations within India or your actual state or country of residence. It is your explicit intention that the UN Convention on Contracts for the International Sale of Goods should not, in any way, apply to these Terms. It is your legal obligation to follow all relevant laws.
Any provision or part of these Terms that is determined to be unenforceable by a court of competent jurisdiction shall not affect the enforceability of the other provisions or portions thereof. In respect to the subject matter hereof, these Terms supersede and replace any and all prior or contemporaneous understandings or agreements, whether written or oral, and constitute the whole agreement between us. To be valid, a waiver of any term must be in writing and signed by both you and ORM GURU.
At our discretion, ORM GURU may investigate any claims of wrongdoing or breaches of these Terms and take appropriate action. Reporting suspected illegal activities to regulators, police enforcement, or other third parties may be part of this action. Also, we can share user profiles, emails, IP addresses, posting history, traffic data, and any other information that is relevant to these parties if we feel it is necessary or appropriate to do so. If you violate these Terms, ORM GURU can take legal or equitable action to get what you deserve.
Important notifications. Unless otherwise specified on the Order, any notice, demand, or other communication must be in writing and will be considered given upon (a) certified mail (postage prepaid), (b) overnight courier, (c) facsimile transmission with confirmation of receipt, or (d) electronic mail with confirmation of receipt, sent to the address, fax number, or email address listed on the Order.
Please ensure that all notifications, demands, and other communications are in writing and sent to the following addresses: (a) by certified mail with postage prepaid or (b) by overnight courier at ORM Guru
Unanticipated Event. Our liability or breach of this agreement is not affected by any government action, fire, flood, insurgency, earthquake, power outage, network outage, riot, explosion, embargo, strike (legal or illegal), terrorist act, shortage of labor or materials, transportation disruption, work slowdown, or any other condition that is reasonably within our control. In the case of an unforeseen force major event, your financial obligations will remain unaffected. Legal protection. You are obligated to protect us and the Distribution Sites from any legal action, claim, liability, loss, expense, damage, or cost (including, but not limited to, legal fees) that may be sustained by either party at any point in time as a result of or related to these Terms. regarding any advertising products or services you may seek, including but not limited to: criminal investigations; claims, lawsuits, or proceedings for libel or defamation; violations of privacy or publicity rights; false or misleading advertising or sales practices; and any virus, contaminating or destructive features.
Talking on the Phone. We reserve the right to record any and all telephone calls involving your advertising, and you agree that we may do so. Disputes and conflicts that may arise from these Terms will be resolved through arbitration in compliance with the provisions of the 1996 Arbitration and Conciliation Act. a) The language of conduct shall be English. b) Unless both parties agree on a single arbitrator, a panel of three will be chosen: one from each side, and a third from among the two panels chosen by the parties. c) Mumbai, India, shall serve as the location for the arbitration.
The Total Agreement. This agreement replaces and supersedes any and all previous written or oral discussions between us and you or anyone else with respect to the subject matter of these Terms. Hence, you shouldn't put your faith in any promises or assurances that aren't written out here in these Terms.
The remaining sections of these Terms will remain fully valid and enforceable regardless of whether one or more of them is deemed unlawful, illegal, or in conflict with the law of any jurisdiction.
Our agreement is subject to change at any time. Any changes will be posted on our website or communicated to you through written notice. Any modifications to this agreement must be signed by both parties. Except as stated in Section 1, these terms cannot be changed without our written consent.
If you have any questions, comments, or complaints, you can reach out to us through our contact us page[4] .
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