Agreement
The Terms of Service Agreement (the "Agreement") is an agreement between you [the "User(s)/Subscriber(s)/Member(s)"], an individual or an individual acting for and on behalf of your employer, company, corporation, partnership or other legal entity that will be using the services available on the Site.

Terms and conditions of the Company:
The services available on or through the Site has been made available to the User/Subscriber/Member solely for the purposes specified on the Site. It is not intended to be, and is not a substitute for professional counsel/advise, which includes but is not limited to medical, financial, tax, investment or such other professional counsel/advice. By accessing, browsing and using this Site, the User/Subscriber/Member agrees and acknowledges that the User/Subscriber/Member understands that the services on this Site is limited and restricted in use, and agrees that the User/Subscriber/Member would not rely on such information and materials contained in this Site for any purposes except as the Site intended.

The access to and use of the Site is provided by the Company subject to the following terms and conditions as set forth in this Agreement.

Acceptance of terms and conditions:
The use of this Site constitutes the User’s /Subscriber’s /Member’s acceptance of the terms and conditions of this Agreement, which takes effect immediately on the User’s/Subscriber’s/Member’s first use of the Site.

The User/Subscriber/Member is responsible for reviewing regularly the information posted online on the Site to obtain timely notice of such changes/modifications/amendments. The User’s/Subscriber’s/Member’s continued use of the Site after such changes/modifications/amendments are posted, constitutes the User’s/Subscriber’s/Member’s acceptance of this Agreement as modified by the posted changes/modifications/amendments.

All User(s)/Subscriber(s)/Member(s) shall be subject not only to the terms and conditions set out on this Agreement but also to such terms and conditions that may be set out in the specific policies displayed by the Company in future on its Site, at its own discretion. These specific policies so displayed, shall generally be in consonance with the terms and conditions of this Agreement. In the event of any conflict or inconsistency between the terms and conditions of this Agreement and the specific policy, the terms of the specific policy shall prevail to the extent of such inconsistency.

Services Provided:
The Company provides various kinds of services to different categories of User(s)/Subscriber(s)/Member(s). In this regard, the services have been classified as hereunder:

1.Premium Services
These services can be availed of only by the Member, i.e., a user who registers himself/herself/itself on the Site for a fee as stipulated by the Company to avail the Premium Services for a fixed period of time. Therefore, the Member shall be entitled to avail all free services and paid services, which are available on the Site. Provided that all paid services shall be availed by such Member for such period of time as may be specified by the time. Upon the lapse of the said period of time, the Member shall be required to pay the required fee to renew his/her/its status as a Member.

2.Non- Premium Services / Free Services
This service relates to only such free services as indicated on the Site. In this regard, there are two categories of users of non-premium services/free services which are detailed as hereunder:

(a)User
The Company offers certain specific free services to a User and the User is not entitled to avail all free services offered on the Site. If the User desires to avail certain free service as specified by the Company, for which registration as a Subscriber is necessary, then the User shall register himself/herself/itself as a Subscriber. The registration for such services is free. Further, the User shall not be entitled to avail any of the paid services, which are available to the Member on the Site.

(b)Subscriber
The Subscriber is required to first register himself/herself/itself on the Site without any costs. Upon such registration, the Subscriber shall be entitled to avail all free services available on the Site. However, the Subscriber shall not be entitled to avail any of the paid services which are available to the Member on the Site.

Amongst the services provided by the Company, the Company also provides on its Site advertisements, messages, offers, etc. The User(s)/Subscriber(s))/Member(s) agrees that the services provided by the Company in this regard is on an “AS-IS” basis and the Company assumes no responsibility or liability for the timeliness, deletion, mis-delivery, viruses or other harmful components, inaccuracy of information, software, products, services and related graphics, inaccuracy in transmission and receipt or failure to store any user communications.

Modifications to Services:
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services or any part thereof, with or without notices. The User(s)/Subscriber(s)/Member(s) agree that the Company shall not be liable to the User(s)/Subscriber(s)/Member(s) or to any third party for any modification, suspension or discontinuance of any of the services or any part thereof.

Equipment:
The User(s)/Subscriber(s)/Member(s) shall be responsible for obtaining and maintaining computer hardware, telephone and other equipment needed for access to and use of the Site and all charges related thereof.

Use of Site by Minor
If the User/Subscriber/Member is under the age of 18 years, the User/Subscriber/Member may not use the services without the consent of the User’s/Subscriber’s/Member’s parent/guardian.

User Registration
For availing of certain services offered by the Company, the prospective User(s)/Subscriber(s)/Member(s) is/are required to register on the Site with the Company by providing personal identification information, including but without limitation, user name, contact information, gender, date of birth, country, occupation and/or any other information as may be required by the Company . The Company may modify the required information fields on the User/Subscriber/Member signup form from time to time.

Obligation on the part of User(s)/Subscriber(s)/Member(s)
The User(s)/Subscriber(s)/Member(s) agree to a) provide true, accurate, current and complete information (including the details of credit cards) at the time of registration of services/usage of services. b) Maintain and update this information to keep it true, accurate, current and complete. c) Pay all fees, charges, taxes and levies, assessments arising out of the User’s/Subscriber’s/Member’s use of the services. d) Use the User’s/Subscriber’s/Member’s own credit card for payment of services and product(s) bought through the Site.

In case the information provided is found untrue, inaccurate, not current or incomplete, the Company shall have the right to suspend or terminate the User’s/Subscriber’s/Member’s account immediately and without notice and prevent the respective User(s)/Subscriber(s)/Member(s) from using or availing any and all current or future services or purchasing any product(s) through the Site or any portion thereof irrespective of whether the Member has paid any fees for such services or not.

Use of own valid Credit Card:
At the time of applying for membership/service, the User(s)/Subscriber(s)/Member(s) must provide the Company with valid credit card details. The User(s)/Subscriber(s)/Member(s) hereby authorizes the Company to charge to the User’s/Subscriber’s/Member’s credit card account in advance for the full price of the membership/service(s) selected. The User(s)/Subscriber(s)/Member(s) must pay using the User’s/Subscriber’s/Member’s own credit card and the Company shall not be liable for any credit card fraud.

Sharing for registration data of the User(s)/Subscriber(s)/Member(s):
The User(s)/Subscriber(s)/Member(s) agree that the Company may disclose, if need be, to third parties/entity(s) certain information obtained from the User(s)/Subscriber(s)/Member(s) at the time of registration. The Company will not disclose personally identifiable information such as name, address, e-mail address, telephone number, etc without the User’s/Subscriber’s/Member’s prior written consent, except to the extent necessary or appropriate to comply with applicable laws or in the legal proceedings and/or for any other statutory or legal reasons. To safeguard the confidentiality of personally identifiable information and to avoid misuse and alteration of the same, the Company has in place appropriate physical and electronic checks. However, the Company will have no liability for disclosure of information due to errors in transmission or unauthorized acts of third parties/entity(s) or for any other reason which is beyond the reasonable control of the Company.

Password and Security
The right to use the Site is personal to a User/Subscriber/Member and is not transferable to any other person/entity. The User/Subscriber/Member is solely and absolutely responsible for all use of services related to the said User’s/Subscriber’s/ Member’s account, under any password or screen name. The User/Subscriber/Member shall be solely responsible for protecting the confidentiality of password allotted to him/her/it. The User/Subscriber/Member shall ensure that he/she/it exits from his/her/its account at the end of his/her/its session. The User/Subscriber/Member agrees to immediately notify to the Company of any unauthorized use of his/her/its password, account or any other breach of security, which affects the use of the User/Subscriber/Member. The Company will not be liable for any loss or damage arising from the User’s/Subscriber’s/ Member’s failure to comply with this obligation.

Membership subscription/charges
The Company reserves the right to modify the charges for its services, the mode of payment, the basis of charge or any other related issues, at any time by giving adequate notice to the User/Subscriber/Member on the Site, of the same in advance.

Restriction on usage of contents/material on the Site:
The Site contains material which is derived in whole or in part from material supplied by the Company, various suppliers of contents and other sources and is protected under Indian and International Copyright and Trade Mark Laws. Material may not be copied, reproduced, republished, downloaded, posted or transmitted in any way except for the User’s/Subscriber’s/Member’s personal non-commercial use. Any other use requires the prior written permission of the Company and its relevant partner, affiliates and associates, as the case may be, who have any right, interest or title to any part or whole of the services available on the Site.

Change/modification of terms and conditions
The Company shall have the right any time to change/modify/amend the terms and conditions applicable to the User’s/Subscriber’s/Member’s use or any part thereof or to impose new conditions, including but not limited to additional fees and charges for use of services. Such changes, modifications, amendments, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Site or by electronic or conventional mail, or by any other means by which the User/Subscriber/Member obtains notice thereof. Any use of the Site by the User/Subscriber/Member after such notice shall be deemed to constitute acceptance by the User/Subscriber/Member of such change(s), modification(s), amendment(s) or addition(s).

User/Subscriber/Member conduct
The User/Subscriber/Member shall use the Site for lawful purposes only. The Company views child pornography and national/international terrorism very seriously. The User/Subscriber/Member shall not post, upload, email or transmit through the Site any material which harms minors in any way, help to carry out anti-national activities or international terrorism, give rise to, violate or infringe in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any National, State or Local law. The Site contains copyrighted materials, trademarks and other proprietary information including, but not limited to text, software, photos, video, graphics, music or sound and the entire contents of the Site are copyrighted as a collective or severable work under applicable copyright laws. The Company, its partners and/or its associates own or have acquired a copyright in the selection, coordination arrangement and enhancement of such content, as well as in the content original to it. The User/Subscriber/Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The User/Subscriber/Member may download copyrighted materials for his/her/its personal use only. Except as otherwise expressly permitted under the applicable copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted, without the express written permission of the Company and the copyright author/owner. The User/ Subscriber/Member acknowledges that he/she/it does not acquire any license, assignment or ownership rights or interest by downloading copyrighted materials.

Advertising Materials:
Part of the Site will contain advertising, displays and/or other related materials ("Materials") submitted to the Company by third parties/entity(s). Advertisers are responsible for ensuring that Materials submitted for inclusion on the Site complies with applicable national and international laws. The Company will not be responsible for or endorse any advertiser’s claim, error, omission or inaccuracy in the Materials and reserves the right to omit, suspend or change the position of any Material submitted for insertion.

In this regard, the User(s)/Subscriber(s)/Member(s) acknowledges that he/she/it will be utilizing the Materials, solely at their own risk and responsibility and the User(s)/Subscriber(s)/Member(s) shall hold neither the Company nor its parent/subsidiary companies nor their affiliates nor its officers responsible for any such usage of such Materials, either directly or indirectly, so provided by the third parties/entity(s).

Dealings with Advertisers
In the event the User(s)/Subscriber(s)/Member(s) has any correspondence or business dealings with, or participates in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, such a communication is solely between such a User/Subscriber/Member and the advertiser. The User(s)/Subscriber(s)/Member(s) agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Monitoring of content
The Company shall have the right, but not the obligation, to monitor/censor the content on the Site, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion and without notice or assigning any reasons to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Disclaimer of Warranty
The User(s)/Subscriber(s)/Member(s) expressly agree that use of the Site is at his/her/its sole risk. Neither the Company, its affiliates nor any of their respective employees, agents, third party content providers, advertisers or licensors warrant that the Site will be uninterrupted or error free nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability or content of any information, service or merchandise or product provided on or through the Site.

The Site is provided on an "As Is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability and/or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

This disclaimer liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to alteration of or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. The User/Subscriber/Member specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other users/subscribers/members or any third parties/entity(s) in cases including but not limited to any interactive communication on or through the Site and that the risk of injury from the foregoing rests solely and entirely with the User(s)/Subscriber(s)/Member(s).

In addition to the terms set forth above, neither the Company nor its affiliates, information providers, advertisers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in or untimeliness, inaccuracy or unauthenticity of the information contained within the Site or for any delay or interruption in the transmission thereof to the User(s)/Subscriber(s)/Member(s), or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party/entity(s) claims or losses of any nature including, but not limited to lost profits, punitive or consequential damages.

The Company either directly or through links to other sites may, inter alia, offer/provide services such as financial information, stock information, medical advice/counsel, astrology, etc. to its User(s) on its Site for dissemination of information only. In the event the User(s)/ Subscriber(s)/Member(s) desires to utilize services as mentioned above, either directly or indirectly, for his/her/its own benefit or for the benefit of others, he/she/it shall doing it solely at his/her/its own risk and responsibility. In this regard, the User(s)/Subscriber(s)/Member(s) shall hold neither the Company nor its parent/subsidiary companies nor their affiliates nor its officers, responsible for any usage of such services, either directly or indirectly, so provided either by the Company or through links provided to third party sites by the Company.

Prior to using any of the information provided on the Site or by way of links to third party sites, the User(s)/ Subscriber(s)/Member(s) are advised to consult with their relevant professional advisors or consultants to verify the validity and applicability of information to the User(s)/Subscriber(s)/Member(s) specific circumstances. The Company, its affiliates, information providers, advertisers and/or content partners shall have no liability for any decisions based on the information provided on the Site. Neither the Company nor its affiliates, information providers, advertisers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information.

Limitation of Liability
In no event shall the Company, its affiliates, information providers, advertisers and/or content partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation, damages for loss of use, data, profits and/or other intangibles, arising out of or in any way connected with the use or performance of the Site and/or services, with the delay or inability to use the Site and/or services, the provision of or failure to provide services or for any information, software, product(s), service(s) and related graphics obtained through the Site and/or services or otherwise arising out of the use of the Site and/or services whether based on contract, tort, negligence, strict liability or otherwise, even if the User/Subscriber/Member has been advised of the possibility of such damages.

Indemnification
The User/Subscriber/Member agrees to defend, indemnify and hold harmless the Company, its affiliates, information providers, advertisers and/or content partners and their respective director, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of the Site by the respective User/Subscriber/Member in any manner whatsoever.

Termination
Either the Company or the User/Subscriber/Member may terminate this Agreement at any time, except in cases such as Premium Services and Corp Mail, which may be governed by a specific user policy. Without limiting the foregoing, the Company shall have the right to immediately terminate User/Subscriber/Member Account (or any part thereof) in the event of any conduct by User/Subscriber/Member, which the Company in its sole discretion considers to be unacceptable or in the event of any breach by the User/Subscriber/Member of this Agreement or the information provided at the time of registration is found to be false or misleading.

The User/Subscriber/Member agrees that upon termination of his/her/its access to the services (or any part thereof), the Company may immediately deactivate or delete the said User’s/Subscriber’s/Member’s Account and all related information and files in the said Account and/or bar any further access to such files or services. The User/Subscriber/Member further agrees that the Company shall not be liable to him/her/it or any third party for any termination of the said User’s/Subscriber’s/Member’s access to the services or any part thereof.

Refunds
In no event will the User/Subscriber/Member be entitled to a refund of any portion of the membership fees/charges for services offered by the Company for non-use of the services, as the case may be or on account of cancellation of the User’s/Subscriber’s/Member’s access or membership by the Company for violation of this Agreement.

Third Party Content
The Company is a distributor and not a publisher of content supplied by third parties/entity(s) and/or User(s)/Subscriber(s)/Member(s) and as such, the Company has no editorial control over such contents. Any opinion, advice, statement, service(s), offers or other information or content expressed or made available by third parties, including information providers, advertisers, User(s)/Subscriber(s)/Member(s) or any other user of the Site (the “Content”), are those of the respective author(s) or distributor(s) or information and/or content providers and not of the Company. Neither the Company nor any third party provider of information guarantees the accuracy, completeness or usefulness of any Content nor its merchantability or fitness for any particular purpose.

In many instances, the Content available through the Site represents the opinions and judgments of the respective information provider, subscriber or other user not under any specific contract, agreement, arrangement or understanding with the Company. The Company neither endorses nor is responsible for the correctness, accuracy, reliability or otherwise of any opinion, advice or statement made on the Site by anyone other than specifically authorized by the Company through its designated authorized spokesperson(s) acting in their official capacities.

In this regard, the User(s)/Subscriber(s)/Member(s) acknowledges that he/she/it will be utilizing the Contents, solely at their own risk and responsibility and the User(s)/Subscriber(s)/Member(s) shall hold neither the Company nor its parent/subsidiary companies nor their affiliates nor its officers responsible for any such usage, either directly or indirectly, of the Contents so provided by the third parties/entity(s)

Links to other Sites
The Company has provided or may provide links and pointer to internet sites maintained by third parties/entity(s) (“Linked Site(s)”). The User/Subscriber/Member acknowledges that the Site is providing these links to him/her/it only as a convenience and when the User/Subscriber/Member clicks on a link to visit a Linked Site(s), a frame may appear that contains the company’s logo, advertisements and/or other content selected by such third party(s)/entity(s). Neither the Company, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products and/or services on these Linked Site(s). The materials on the Site and the Linked Site(s) are provided “As Is” and without warranties of any kind, either express or implied. The Company does not warrant that the functions contained in the materials will be uninterrupted or error free, or that defects will be corrected or that this Site, including the server that makes the links to the Linked Site(s) available, are free of viruses or other harmful components. The Company does not warrant or endorse or certify or validate or endorse or sponsor or recommend or make any other representations regarding the use or the results of the use of the information and materials in the Linked Site(s) in terms of their correctness, accuracy timeliness, reliability or otherwise. The inclusion of any link to such site(s) does not imply endorsement, sponsorship, certification, validation, recommendation or representation, either directly or indirectly, in any manner whatsoever, by the Company of the included sites.

In this regard, the User(s)/Subscriber(s)/Member(s) acknowledges that he/she/it will be utilizing the services, content, information and facilities provided by the Linked Site(s) based on the terms and conditions set forth by such Linked Site(s), solely at their own risk and responsibility and the User(s)/Subscriber(s)/Member(s) shall hold neither the Company nor its parent/subsidiary companies nor their affiliates nor its officers responsible for any such usage, either directly or indirectly, of such Linked Site(s).

Further, the User(s)/Subscriber(s)/Member(s) expressly agrees that in the event he/she/it wants to use any of the services, content, information and facilities on the Linked Site(s), the User(s)/Subscriber(s)/Member(s) shall be bound by the relevant terms and conditions displayed on such Linked Sites.

Information Submitted All remarks, suggestions, ideas, graphics or other information (the "Information") communicated to the Company through this Site will forever be the property of the Company. Unless otherwise specified, the Company will not be required to treat the information as confidential. The Company shall have exclusive ownership rights, title and interest of all present and future existing rights, title and interest in the information, without compensation to the User sending such Information.

Unsubscribe
To unsubscribe from our special offer mailings, news letters, content publications etc, please click on the link “Unsubscribe”.

Applicable laws
This agreement shall be construed in accordance with the laws of India and the courts in Mumbai, India only shall have the exclusive jurisdiction to entertain and try any claims, differences and dispute arising out of or in relation to this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Can Spam Act Regulations
The rules and regulations relating to Can Spam Ac 2003, USA, are being followed up by the Company.

Contact address:
If you have any questions about this policy, please e-mail us at support@corp.123india.com

ONE TWO THREE INDIA.COM LIMITED
A-502, Prathamesh, (5th floor)
Raghuvanshi Mills Compound
Senapati Bapat Marg
Lower Parel
Mumbai 400 013
Tel. 91-22-2491 2123
Fax: 91-22-2490 3123