Terms and Conditions
Please read the Terms and Conditions (“Terms”) carefully before using www.manoramaevents.com (“Website”) operated by The Malayala Manorama Co. (P) Ltd (“us”, “we”, “ours” or “Company”).
By accessing this website, you agree to be bound by these Terms. if you disagree with any part of the terms then you do not have the permission to access the website.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "Party", "Parties", or "Us", refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
When you register with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You agree that :
- You shall not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, without limitation). Your Content shall not contain falsehoods or misrepresentations that could damage the Company or any third party.
- Your Content shall not contain material that is abusive, unlawful, obscene, vulgar, defamatory, libelous, threatening, pornographic, profane, threatening, abusive, harassing, hateful, indecent, racially, religiously or ethnically offensive or otherwise objectionable or offensive in any manner, or encourages conduct that would be considered a criminal offence, give rise to civil, tortious or criminal liability or is otherwise inappropriate.
- You shall not (1) impersonate another person or entity; (2) contain advertisements or solicitations of business; (3) contain any chain letters or pyramid schemes; (4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service; (5) contain any virus or other harmful component; (6) take any action that imposes an unreasonable or disproportionately large load on the Website servers or systems, or any servers or systems used by the Company; (7) use the Website for any illegal purpose or in any manner inconsistent with these Terms; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Website; (9) Republish material from the Website; (10) Sell, rent or sub-license material the Website; (11) Reproduce, duplicate or copy material the Website; (12) Redistribute content from the Website and (13) create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
- You will use the Website strictly and only for your personal and non-commercial use.
Further, you shall not, except as permitted by these Terms :
- Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any part of the Website in violation of these Terms or the laws of any country.
- Create a database in electronic or structured manual form by systematically downloading and storing the entire Website or part thereof except such information as relates or concerns you directly.
- Cache or permit caching by any person.
- Send unsolicited email or other correspondence to any other User.
- Do any act that violates the Company's (or any third party's) intellectual property rights in the Website.
- Use the Website to violate the security of any computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
- Run any mail list or any form of auto-responder, or spam on the Website or any processes that are run or are activated while the User is not logged on or engage in any virus attack or denial of service or attach or engage in any activity designed and/or intended to interfere with the working of Website for any duration of time.
- Collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. User agrees not to solicit, for commercial purposes, any users of the Website with respect to their Content.
- Use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses the Website in a manner that sends more request messages to Website servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.
All parts of the Website except Content posted by Users of the Website are owned by the Company and/or its suppliers/affiliates/business partners and are protected by intellectual property rights law including copyright laws, international treaty provisions, and these Terms. User acknowledges that the Website is highly proprietary in nature and that unauthorized copying, transfer or use shall cause the Company irreparable injury that cannot be adequately compensated for by means of monetary damages. Any reproduction, reverse engineering, decompiling, disassembling, modification, copying, distribution, transmission, display, publishing, sublicensing, creation of derivative works from, transferring or redistribution of the Website other than as may be specifically permitted as per these terms is expressly prohibited by law, and shall result in severe civil and criminal penalties. The Company shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to the Company to protect its interests therein. Neither the availability of nor anything contained within the Website shall be construed as conferring any license to any of the Company or any third party's intellectual property rights, other or further than as expressly provided in these Terms, whether by implication, estoppel or otherwise.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse participation, terminate accounts, remove or edit content in our sole discretion.
Our website may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that The Malayala Manorama Co. (P) Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. We do not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of the Company, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Company shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. You hereby grant Company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Registration Payment (if any) made by cash / cheque / Net Banking / Debit / Credit Card/ Paypal/ RTGS/ NEFT/ would be in accordance with the prevailing RBI guidelines. Activation of id shall be subject to realization of the said payment. In case of dishonor of Cheque/demand draft; you shall be liable to pay applicable bank’s cheque/DD bouncing charges. Further your account will be deactivated / suspended until you settle the value of the payment and applicable bank charges in cash. We uses third party payment gateways for collection payment through credit/debit card or other payment instruments. The payments made by any User to us by way of registration fee is treated as non-refundable.
By registering in our website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
You agree to defend, indemnify and hold harmless Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the website; b) a breach of these Terms, or c) Content posted on the Website.
In no event shall Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
THE WEBSITE AND ALL SERVICES PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY AND COMPLETENESS, AND ALL WARRANTIES RELATING TO VIRUSES AND NON-INFRINGEMENT IN THE WEBSITE OR ANY SERVICES PROVIDED BY THE WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED THAT THE USE OF THE WEBSITE WILL NOT INFRINGE ANY PATENT, COPYRIGHT OR OTHER RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER THROUGH, OR FROM, THE WEBSITE OR IN ANY OTHER MANNER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF THE INFORMATION/MATERIAL ON THE WEBSITE. THE COMPANY DOES NOT ENDORSE, SUPPORT, VERIFY, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OR COMMUNICATIONS POSTED ON THE WEBSITE OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. USER HEREBY ACKNOWLEDGES THAT ANY RELIANCE ON MATERIAL POSTED BY THE COMPANY OR OTHER USERS WILL BE AT USER'S OWN RISK.
USER AGREES THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY PERSONAL INJURY, LOSS OF REPUTATION, LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, BUSINESS INTERRUPTION, LOSS OF PRIVACY, LOSS OF USER CONTENT, OR ANY OTHER PECUNIARY OR PERSONAL LOSS) TO USER OR ANY THIRD PARTY WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES ON THE WEBSITE,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER'S ACCESS TO AND USE OF THE WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS OF THE WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY,
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE,
(VI) ANY UNAVAILABILITY OF THE WEBSITE OR PARTS THEREOF OR DELAY IN ANY REAL TIME SERVICE OR INFORMATION PROVIDED BY THE WEBSITE, OR
(VIII) ERROR, INTERRUPTION, SUSPENSION OR TERMINATION OF, OR IN, THE WEBSITE WHETHER SUCH ERROR, INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT OR ANY SERVICES PROVIDED BY OR THROUGH THE WEBSITE OR ANY PRODUCT PURCHASED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
USER SPECIFICALLY ACKNOWLEDGES THAT THE COMPANY SHALL NOT BE LIABLE FOR USER POSTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
By using this Website you agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, losses, obligations, liabilities, damages, costs, debt and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your :
- Use of the Website using your user name and password or any material (including software and Contents) on the Website; or
- User's breach of the Terms, or
- User's violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that any of your Contents caused loss or damage to a third party or User; or
- User's violation of any law.
- This defence and indemnification obligation will survive these Terms and User's use of the Website.
We may terminate or suspend your account and bar access to the website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the website. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The operation of the Website may be interfered with by numerous factors outside of the Company's control. The Company shall not be liable for any default in the Website operation, caused by circumstances beyond its control including but not restricted to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, internet, telecommunication, computer or utilities failure including failures caused by
(A) acts which impose unreasonably or disproportionately large loads on infrastructure or facilities such as "flooding", "mail bombing" or "crashing" of the Website; or
(B) any virus, time bombs or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information), strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any such event, The Company shall for the duration of such event be relieved of any such obligation under this Agreement as is affected by the said event. The Company may schedule downtime on the Website for maintenance purposes and suspend any service by posting a notice of such downtime on the Website or such other manner as it deems fit. If there is any unscheduled downtime in the Website during which no User can access any service, the Company shall use all reasonable endeavors to promptly restore the Website to its proper operating condition and notify the Users as soon as reasonably practicable after the Website is available for use again. The foregoing states the Company's entire liability for any loss caused by downtime in the Website. Any waiver by a party of a breach of any condition/s in the Terms by the other party shall not be construed as a waiver of any subsequent breach of any condition/s in the Terms. If any term, condition, clause or provision of the Terms becomes invalid or be so judged, the remaining terms, conditions, clauses and provisions shall be deemed severable and shall remain in full force. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by User but may be assigned by the Company without restriction. The Website and the User's use of the Website and the provision of services by the Website are governed solely by Indian law, without regard to its conflict of law principles. This Website is deemed to be based in Kottayam, Kerala, India and any posting of Contents is deemed to have occurred in Kottayam, Kerala, India. The User hereby consents to submit to the exclusive jurisdiction and venue of courts in Kottayam, Kerala, India, to the exclusion of all other courts that may otherwise have had such jurisdiction in all matters, liability and disputes arising out of or relating to the use of this Website, any Contents and the provision of service by the Website. Use of this Website is unauthorized and prohibited in any jurisdiction that does not give effect to all provisions of the Terms including without limitation, this paragraph.
These Terms shall be governed and construed in accordance with the laws of India and courts in Cochin shall have exclusive rights to entertain claims.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our website, and supersede and replace any prior agreements we might have had between us regarding the website.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.