TERMS OF SERVICES
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2021-05-28 14:02:54
This Terms of Service Agreement ("Agreement") is entered into by and between AGM Enterprises, registered address No. 22/23, Bhawani Peth, Koyalikar Building Near Palkhi Chowk, Opposite Canara Bank, Maharashtra 411042, India ("Company") and you, and is made effective as of the date of your use of this website https://agmenterprises.co.in/ ("Site") or the date of electronic acceptance.
Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the India or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.
3. RULES OF USER CONDUCT
By using this Site You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
- copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
- copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub.io and the Terms and Conditions Generator,
- modify or alter any part of this Site or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Companies Content"), are owned by or licensed to AGM Enterprises in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Companies Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
8. DATA TRANSFER
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
9. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
10. DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. In such case, Company will either offer a comparable Service for you to migrate to or a refund. Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
11. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
12. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.
13. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India, Maharashtra, to the exclusion of conflict of law rules.
14. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in India, Maharashtra, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
15. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
17. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
No. 22/23, Bhawani Peth, Koyalikar Building Near Palkhi Chowk, Opposite Canara Bank, Maharashtra 411042
The terms "You," "Your," "Yours" and "User" refer to the entity/person/organization using our Site.
When this Policy mentions "We", "Us," and "Our" it refers to AGM Enterprises and its subsidiaries and affiliates.
For any questions regarding this Policy or any requests regarding the processing of personal data, please contact us at [email protected]
1. INFORMATION WE COLLECT FROM YOU
We collect the information You provide to us and this information is necessary for the adequate performance of the contractual arrangement which is in place between You and us and allow us to comply with our legal obligations.
- Account Signup Information. When You create the account, we ask You to provide the signup information, such as Email, Name, Surname, Phone.
- Communications, Chats, Messaging. When you communicate with us through email or any other way, we collect information about your communication and any information You choose to provide or disclose. In order to answer your request, we may access information provided by email, chats, purchase history, etc.
- Payment Information. To order and use features of Site, we may require you to provide certain financial information in order to facilitate the processing of payments. We collect your Tax number, Billing address, Name and surname.
- Login information. We collect Login information if You are logging to our account with Authentication Data.
2. INFORMATION WE COLLECT AUTOMATICALLY
When you use our Site or contact us directly we may collect information, including your personal information, about the way you act in our Site, the services You use and how You use them.
This information is necessary for the adequate performance of the contract between You and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Site.
- Log data and Device information. We automatically collect log data and device information when you access and use the Site, even if you have not created an Account or logged in. That information includes, among other things: Internet protocol (IP) addresses, Browser type, Internet service provider (ISP), Referring/exit pages, Clickstream data, Date/time stamp.
- Geo-location data. We collect information about your approximate location as determined by data such as your IP address to offer you an improved user experience. Such data may be collected only when you access the Site using your device.
- Usage information. We use a tool called "Google Analytics" to collect information about your interactions with the Site (what pages you visit, such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the Site. In consequence, Google, Inc. plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site). For more information please visit Google.
- Publicly available personal Information.
- Full name, email id, & contact number
3. THE WAY WE USE YOUR INFORMATION
We process your information adhering to the general data processing principles.
We may use the information we collect through our Site for a number of reasons, including to:
- to identify user
- to create trusted environment
- to create statistics and analyze market
- to stay connected
- to send billing information
- to manage user orders
- to contact user
- to improve services
- to ensure data security and prevent fraud
- to comply with applicable laws
- to request feedback
- to post testimonials
- to provide support
We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate business interests.
We retain your personal information to provide services to you and as otherwise necessary to comply with our legal obligation, resolve disputes, and enforce our agreements.
We will retain your personal information as long as we need it to provide services to you, unless we are otherwise required by law or regulations to retain your personal information longer.
6. YOUR RIGHTS
You are entitled to a range of rights regarding the protection of your personal information. Those rights are:
- The right to access the information we have about you. If you wish to access your personal information that we collect, you can do so at any time by contacting us using the contact details provided below.
- The right to rectify inaccurate information about you. You can correct, update or request deletion of your personal information by contacting us using the contact details provided below.
- The right to object the processing. When we rely on your consent to process your personal information, you may withdraw consent at any time by contacting us using the contact details provided below. This will not affect the lawfulness of processing prior to the withdrawal of your consent.
- The right to lodge a complaint. You can raise questions or complaints to the national Data Protection Agency in your country of residence in the event where your rights may have been infringed. However, we recommend attempting to reach a peaceful resolution of the possible dispute by contacting us first.
- The right to erase any data concerning you. You may demand erasure of data without undue delay for legitimate reasons, e.g. where data is no longer necessary for the purposes it was collected, or where the data has been unlawfully processed.
7. APPLICATION OF POLICY
Our Policy may change from time to time. We will post any Policy changes on our Site and, if the changes are significant, we may consider providing a more explicit notice (including, for certain services, email notification of Policy changes).
9. ACCEPTANCE OF THIS POLICY
We assume that all Users of this Site have carefully read this document and agree to its contents. If someone does not agree with this Policy, they should refrain from using our Site. We reserve the right to change our Policy at any time and inform by using the way as indicated in Section 8. Continued use of this Site implies acceptance of the revised Policy.
10. FURTHER INFORMATION
If you have any further questions regarding the data we collect, or how we use it, then please feel free to contact us at the details as indicated above.