Terms and Conditions



This website, www.hithokthi.com, (hereinafter referred to as "HITHOKTHI") is owned, hosted and operated by Hithokthi Media Pvt Ltd (hereinafter referred to as HMPL), a company incorporated in India under the Companies Act, 1956 and having its registered office at 2-99/1 G - 2, Abhiteja Apartments, Behind Geetha Hospital, Chaitanyapuri, Dilsukhnagar, Hyderabad -500060.


Definitions

The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of 9, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by HITHOKTHI or chosen by the user or agreed upon by HITHOKTHI. It is made abundantly clear that only the authorised user has the right to access the services so offered by HITHOKTHI.

For the purposes of this agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorised user' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.

The terms 'User' and 'customer' would include both the authorised and unauthorised user(s)

The terms 'service' or 'services' would mean to include the interactive online information service offered by HITHOKTHI on the internet through which the user may access information carried by HITHOKTHI in the database maintained by it. The terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term service does not extend to HITHOKTHI acting as an agent either express or implied on behalf of any user/customer


Terms and Conditions

HITHOKTHI and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING HITHOKTHI, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE HITHOKTHI. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( legal@hithokthi.com )

HMPL may amend/modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on HITHOKTHI. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of HITHOKTHI, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. HMPL may also suspend the operation of HITHOKTHI for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

If you utilize HITHOKTHI in a manner inconsistent with these Terms and Conditions, HMPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.


SUBMISSION AND ADMINISTRATION OF LISTINGS

Any customer agrees not to submit any content descriptions, photographs, contact or other information contained in each content's data to HITHOKTHI unless the Customer has acquired received all necessary rights and authorizations from the owner of such content or copyright owner of any photographs, to publish and advertise the said Content(s) on the Customer's website or on HITHOKTHI. The customer shall disclose all material information in respect of all such content(s) submitted including the present status and nature of such content and shall also disclose whether the content is free from copyrighted content / piracy act or not. The customer in addition shall furnish a brief background of such content in respect of title, ownership and possession, HMPL may also require the customer to support his/her claims with respect to the status of the content with such documents as may be specified by it from time to time. The Customer may further be required to substantiate his claims as to the nature and status of the content by swearing an affidavit stating the authenticity of the information/data so provided/displayed/uploaded to the www.hithokthi.com HMPL may, at its sole discretion but without any obligation to, search for such and remove content that are alleged to have been submitted in violation of this provision. In addition, HMPL may require additional evidence of compliance with this provision from Customers who are alleged to have submitted contents or other information/data/upload in violation of this Agreement. HMPL will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement. Additionally, the Customer agrees to allow the content listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the HITHOKTHI website. HMPL shall have the sole authority to choose the manner in which any content will be searched, displayed, accessed, downloaded, copied, and otherwise used on HITHOKTHI and HMPL shall have the right to modify the content listing in the exercise of its rights under this Agreement. In addition to the terms aforementioned the customer agrees

(a) to represent and warrant that all Content and associated information provided by the Customer will be accurate;

(b) that the Customer will not permit the posting of a content on HITHOKTHI under a name other than the name of a member who has been duly authorized by the HMPL in this regard;

HMPL reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Contents posted on the HITHOKTHI without notice. HMPL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While HMPL shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to HITHOKTHI.

Customers, who are viewing/uploading through HITHOKTHI, must verify details of the content as well as its right, title, ownership, lien etc. on their own.


Payment Terms

HMPL does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. HMPL uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.

HMPL shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

If you utilize HITHOKTHI in a manner inconsistent with these Terms and Conditions, HMPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.


USE OF INFORMATION

Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service ("Content") as proprietary to HITHOKTHI. Customer agrees that Content uploaded for members will be maintained as available for all and shall be protected as a trade secret of HITHOKTHI. HITHOKTHI does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further, publication, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other devotional site or listing service or device. Customer further shall not use the Service provided by the company in any other manner for or in connection with any other similar site or listing service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.


INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trade marks and service marks ("Marks") appearing in HITHOKTHI are the properties either owned or used under license by HMPL and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with HMPL / its Associates. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

HMPL respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. HMPL shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a user/users are found to be using HITHOKTHI as a platform to infringe the Intellectual Property Rights of others, HMPL will be free to terminate this agreement forthwith without any notice to the user.


RESTRICTIONS/ PROHIBITIONS

You hereby expressly agree not to:

(a) Access data not intended for you or log into server or account that you are not authorized to access; (b) Attempt to probe, scan or test the vulnerability of a system or network; (c) Attempt or breach security or authentication measures without proper authorization; (d) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to HITHOKTHI, overloading, Flooding, mail bombing or crashing; (e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in HITHOKTHI except as permitted; (f) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format.; or (g) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from HITHOKTHI or link to HITHOKTHI, without our express written consent. (h) The user shall not utilise the services offered by HITHOKTHI in any manner so as to impair the interests and functioning of HMPL/HITHOKTHI. The user undertakes not to duplicate, download publish, modify and distribute material on www.hithokthi.com unless specifically authorised by HMPL in this regard. The user undertakes not to establish any deep link or other connection to any specific page of HITHOKTHI other than the Home Page without obtaining prior consent of HMPL. HMPL strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing. (i) users undertake that the services offered by HITHOKTHI shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. HMPL reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by HMPL to relay emails. All attempts shall be made by HMPL and the user to abide by International Best Practices in containing and eliminating Spam.

Violations of system or network security may result in civil or criminal liability.


LINKS TO THIRD PARTY WEB SITES

HITHOKTHI may provide links to other third-party World Wide Web sites or resources. HMPL makes no representations whatsoever about any other Web site you may access through this Website (HITHOKTHI).


DISCLAIMER AND WARRANTIES

THE CONTENT OF HITHOKTHI IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

HMPL AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF HITHOKTHI.


It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. HMPL does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.

No information contained herein shall constitute an invitation or an offer to invest in HMPL or any of its Affiliates. Further, nothing contained in this Website should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and HMPL makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

This Website is controlled and operated from India and HMPL makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

HMPL offers products, services, content and various other functionalities (collectively the "Services") to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. HMPL does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Information on this Website may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that HMPL intends to announce, launch or provide such products, programs or services in your country.


LIMITATION OF LIABILITY

HMPL will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

HMPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, server outage, server timedout, loss of internet connectivity, communication line failure, theft or destruction or unauthorised access to or alteration of Customer's data/information. HMPL shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person's computer related to or resulting from viewing/participating or downloading data/materials/information from the website.


TERMINATION

HMPL may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to HITHOKTHI (or any part thereof) for any reason, including, without limitation, that HMPL based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.


INDEMNIFICATION

Submissions and unauthorized use of any data/information(s)/materials contained on HITHOKTHI may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

You agree to defend, indemnify, and hold harmless, HMPL and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of HITHOKTHI material or your breach of these Terms and Conditions.


PRIVACY POLICY

The user of HITHOKTHI is subject to Privacy Policy available through this link.


ARBITRATION

If any dispute arises between a user/users and HMPL arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by HMPL. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Hyderabad, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.


SEVERABILITY OF PROVISIONS

THIS AGREEMENT between you and HMPL governs your use of HITHOKTHI. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.


WAIVER

The failure of HMPL to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.


GOVERNING LAW

By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to HITHOKTHI as well as these Terms and Conditions.


JURISDICTION

Courts at Hyderabad, India alone shall have the exclusive jurisdiction in all matters relating to HITHOKTHI and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to HITHOKTHI.

HMPL does not routinely monitor your postings to the web site but reserves the right to do so. However, if HMPL becomes aware of an inappropriate use of HITHOKTHI or any of its Services, HMPL will respond in any way that, in its sole discretion, HMPL deems appropriate. You acknowledge that HMPL will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, HMPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

HMPL reserves all other rights.


VIOLATIONS

Please report any violations of these Terms and Conditions to HMPL at legal@hithokthi.com