Terms Of Use

Preminen Price Comparison India Pvt. Ltd. (“Preminen India” “we,” us,” and “our”), provides you access of its interactive Site (as defined hereinafter) and Services (as defined hereinafter) to you subject to the following Terms and Conditions. Before you may use the Site or other Services, you must read the following Terms & Conditions (T&C), the linked Privacy Policy, and other linked information (collectively “Privacy Policy”), use of cookies etc., since the same shall be deemed to be incorporated into and hereby made part of this T&C.  Please review our Privacy Policy [insert link], which also governs your visit to this Site, to understand our practices. The term ‘You’, ‘Your, & ‘User’ shall mean any legal person or entity accessing or using the services provided on the Site, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.

 

These T&C, together with our Privacy Policy and any additional terms which might apply to the Services, govern your use (i) of any of our website GoSahi.com and our mobile application(s) and all other websites / mobile applications on which we place these T&C (collectively, our “Site“), and (ii) your use of any Services we provide, including our surveys, reviews, newsletters, panels, communities or other services.

 

The User unequivocally agrees that these T&C and the Privacy Policy constitute a legally binding agreement between the User and Preminen India, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided through the Site, and that the same shall be deemed to be incorporated into these T&C, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these T&C and the Privacy Policy binding on the User, and that use of any functionality of the Site or our Services constitutes your full and final acceptance of this T&C, the Privacy Policy and any additional terms for special promotions unless you offer different terms in writing that are accepted by us. You also agree to comply with any guidelines or rules posted on the Site regarding any product or Service. All such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you do not agree to be bound by this T&C and the Privacy Policy, you may not use the Site in any way. If this T&C conflicts with any other documents, then these T&C will prevail for the purposes of usage of the Site.

 

We reserve the right at any time, and from time to time, at our sole discretion, to change, revise or otherwise alter or modify the T&C without prior notice, and unless otherwise indicated, amendments will become effective immediately. Your continued access or use of this Site following the posting of changes, revision, alteration and/or modifications, signifies your acceptance of the updated, revised and/ or modified T&C, and will govern your future use of our Site and Service. If you do not agree to the revised version, you must immediately stop using our Site and Service. Be sure to return to this page periodically to review the most current version of the T&C.

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder (the said “Act”) as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the said Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Description of Services

1.1  In the Site, Preminen India may provide users with access to free information primarily about financial services and services to research about different attributes of financial products provided by Associate Partners in India including but not restricted to personal loans & home loans price comparison, and such other products / services as may be decided by us from time to time (“Services”).

Our Services include, among other things, delivering search results for financial products and services offered by banks, financial institutions, third-party service / product providers / lenders / merchants and their direct selling agents etc. (collectively “Associate Partners”). We are NOT a party to any transaction you may enter with Associate Partners. If you have any questions, concerns or claims regarding any of their product or service by initiating a search using our Services, please address these to the relevant Associate Partners

2. Relationship with Associate Partners.

2.1.  Our Associate Partners are independent third parties and Preminen India is not acting as a principal, agent or broker with respect to any Associate Partners. Your relationship, dealings with any Associate Partner or other third parties via our Site or Service, including Associate Partners websites accessed via links on our Site, or to whom you contact or which contacts you through this Site is solely between You and such Associate Partner. As such, when you engage in a transaction with a Associate Partners or access Associate Partner’s website or mobile application, you do so under their terms and policies, not ours. Complaints, questions and claims related to transactions with any Associate Partners should be directed to that Associate Partners. You agree not to hold Preminen India liable for any Loss of any sort incurred as the result of any business conducted with our Associate Partners, third parties or as the result of the content provided by such Associate Partners / third parties through or available on the Site

2.2.  Loans application filing & fulfillment is serviced through our Associate Partners. We provide our services free of charge to Users but may receive commission or payment from our Associate Partners upon successful disbursal of loans. We may at our sole discretion provide cash backs to our users in the form and manner as decided by us including gift/ cash vouchers/codes/coupons etc of any product/service provider/company/entity. All loans are on sole discretion of the Associate Partners / lending institutions, and Preminen India doesn’t control or influence the disbursals of any loan by any means. Preminen India provides general information and not be deemed to constitute, financial or other advice or a recommendation to purchase any product or Service.

 

2.3.  We are committed to service Users with best & personalized services. Our Associate Partners are wisely selected & committed to quality services. However, you shall satisfy yourself about all relevant aspects prior to availing any Service or purchasing any product from the Associate Partners. It is clarified that as the end product / service isn’t provided by us, purchasing of goods or availing of services from the Associate Partners shall be solely at your cost and risk.

2.4.  We do not investigate, represent or endorse the accuracy, legality, legitimacy of the service providers who advertise with us references that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of 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 in connection with the media.

3 Eligibility and Access or Using Our Services

3.1.  The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Preminen India for any reason. We reserve the right to refuse access to use the Services offered at the Site to new Users or to terminate access granted to existing Users at any time with or without according any reasons for doing so.

3.2.  By accessing the Site you represent and warrant that you are of legal age and under no legal disability or incapacity, to enter into legally binding agreements and that you have the requisite authority to bind yourself to these T&C and Privacy Policy and the transactions contemplated by it and perform your obligations.

 

3.3.  To access or use some content or features of our Site or Service, you may choose to provide us certain information, we may require you to provide, or require that you establish an account with us through registration. We may impose restrictions on your ability to establish an account (e.g., age limits, restrict business entities from setting up accounts, limitations on the number of accounts, etc.). When registering an account, you may need to select a username (“ID”) and password as and when made applicable . You are responsible for keeping your ID and password, and other account information, confidential and are fully responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password if applicable You agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.

3.4.  Preminen India will not be responsible for any Loss or damage arising from your failure to comply with your responsibilities and obligations under these T&C. By entering any information on this Site, you represent and warrant that: (i) you have the legal capacity to agree to these terms and use this Site; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Further, you also acknowledge that the products and information shortlisted for you will depend on the information/data provided by you, therefore, in the event any information or data provided by you is false or inaccurate the products/offers shown to you on the site and those finally offered by the Associate Partners/lenders may change, and Preminen India shall not be liable in any manner. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time in case of your breach of any terms / condtions of this T&C, privacy Policy, and / or for any other reason or for no reason at all, at the sole discretion of Preminen India.

 

3.5.  By making use of this Site, and furnishing your personal / contact details, you hereby agree that you are interested in availing the Services that you have selected. You hereby agree that Preminen India or the Associate Partners may contact you either through email, chat (WhatsApp or Facebook), telephone and/or sms, to understand your interest in the selected products and Services, to provide the right guidance & policy explanations as well as to help fulfilling the demand. You agree to receive promotional materials and/or special offers from Preminen India or the Associate Partner through email, sms or chat via WhatsApp or Facebook.

4. Accuracy of Information

4.1.  The information, information / details of products, logo etc., available on the Site has either been made accessible by the Associate Partners, publications, publicists; or been gathered from public-domain sources. The intention of Preminen India is that all information on the Site should be as accurate and up-to-date as possible. However, Preminen India cannot guarantee the reliability or the accuracy of the information contained within its pages. We urge our users to conduct their own research prior to entering into any arrangement with our Associate Partners to ensure the accuracy of the prices, products, etc. All the actions taken by the User are the responsibility of the individual. Preminen India does not make any guarantees that any information is correct or be held liable for any actions taken based on the product / pricing information or any other information available on the Site / provided by Associated Partners.

5. License and Site Access

5.1.  Preminen India grants you a limited license to access and make use of the Site and the Service for personal lawful purpose and non-commercial use only. You may only use this Site as a general guide to make price comparisons for your own private use and shall not use this site for any other purposes. You may download, display and print copy of the material presented on this Site for your personal, non-commercial use only. Nothing within the Site shall be construed as conferring any license on the User

(i) for downloading or copying of any kind of information for commercial use or for the benefit of any other individual, entity, vendor or any other third party;

(ii) caching unauthorized hypertext links to the Site and the framing of any content available through the Site;

(iii) uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); or (iv) any use of data mining, robots, or similar data gathering and extraction tools. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and the Services is protected by copyright, trademark, patent, or other proprietary rights of Preminen India and its Affiliates, licensors, and Associate Partners.

5.2.  You may not bypass any measures used by Preminen India to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Preminen India. By using the Site you agree not to:

  1. use this Site or its contents for any commercial purpose, unlawful or fraudulent purposes or to collect personal sensitive or identifiable information of other users;
  2. make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
  3. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. deep-link to any portion of this Site (including, without limitation, the purchase path for any service) for any purpose without our express written permission;
  7. “frame”, “mirror” or otherwise incorporate any part of this Site into any other website or moble application etc.;
  8. upload, post, or transmit any material that contains software viruses or any other computer code, files or programs that contain or promote any viruses, trojan horses, worms, time bombs or other computer programming or code that is designed to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct or that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. modify, alter, or deface any of the trademarks, service marks, trade dress (collectively “Trademarks”) or other intellectual property made available by us in connection with the Site or otherwise infringe or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively “Rights”) of any party, including the Rights of third-parties;
  10. submit any content protected by copyright, Trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any Loss resulting from your failure to obtain such permission or from any other harm resulting from your content;
  11. hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or Associate Partners;
  12. use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you;
  13. defame or disparage us, Trademarks, or any aspect of the Site;
  14. post or transmit any content that is unlawful, threatening, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
  15. prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit, or distribute or otherwise exploit for any commercial purpose any contents from the Site to other entity or individual;
  16. adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used Preminen India decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its products and Services;
  17. access or attempt to access the non-public areas of the Site or any other user’s password-protected information;
  18. impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity;
  19. use our Site or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
  20. use our Site or Service in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews and ratings, or take any action to interfere with, damage, disrupt any part of our Site or Service;
  21. engage in any conduct or omission that restricts or inhibit any other user from using or enjoying the Site (or any linked site); and
  22. Intentionally or unintentionally violate any applicable local, state, central or international laws.

 

5.3.  You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these T&C.

6. License Disclaimer

6.1.  Nothing on any Preminen India’s website or mobile application shall be construed as conferring any license under any of Preminen India’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.

7. Your Profile

7.1.  In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the Site to make legitimate use for you or for another person for whom you are legally authorized to act (and will inform such other persons about the T&C and/or Privacy Policy) that apply to the use of the Site on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete). If that is the case, Preminen India will not be responsible either of the accuracy of the results or the changes in the offer that the User may face with the final provider. If Preminen India has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Preminen India has the right to refuse any and all current or future use of the Site (or any portion thereof). Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site and the Services we offer, at any time and for any reason, including, but not limited to, for violation of the T&C or Privacy Policy.

8. User Content

8.1.  Preminen India does not claim ownership of any information including your name, gender, mobile number, email, salary, home and office address, post code and other material and content as may be permissible by us to be uploaded or submitted such as messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos etc. you make available through the Site (“User Content”).  However, by submmiting or making available such User Content on the Site, you  grant, or warrant that you have expressly granted, to Preminen India a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, copy, distribute, publicly display, modify, create derivative works, and sublicense such User Content or any part of such User Content (as well as use the name that you submit in connection with such submitted content), as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content made available by you.

8.2.  By submitting User Content, you also grant us the right, but not the obligation, to use your biographical or other information about you including, without limitation, all or some of your name, alias, nickname and geographical location in connection with broadcast, print, online, or other use or publication of your User Content consistent with the license granted hereunder.

 

8.3.  You hereby represent, warrant and covenant that any content, information or materials you provide do not include anything (including, but not limited to, text, images, etc.) to which you do not have the full right to grant the license specified in this Section. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content information or materials.

8.4.  You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any Loss resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Content to this Site. You acknowledge that Preminen India does not pre-screen the User Content. However, Preminen India or its nominees / designees shall have the right, but not the obligation, to monitor, edit or remove any User Content for violation of the letter or spirit of these T&C and Privacy Policy, or for any other lawful reason as Preminen India may deem fit and proper.

8.5.  You understand that all User Contents, whether publicly posted or privately transmitted, are your sole responsibility, and you shall be entirely responsible and liable for the User Content that you have provided, uploaded, posted, transmitted or otherwise made available to Preminen India via the Site. Preminen India may at its own discretion accept, refuse, move or remove any contents that the available via the Site.

 

8.6.  Under no circumstances will any disclosure of any idea or related materials to preminen india or the site be subject to any obligation of confidentiality or expectation of compensation. by submitting any content, information and material to us, you are representing and warranting to us that the materials are wholly original with you, that no one else has any rights in the user content and that we are free to use the user content if we so desire, as provided or as modified by us, without obtaining permission or license from any third party.

9. Disclaimer of Online Availability, Impressions, And Click-Throughs

9.1.  In addition to the other disclaimers and limitations in this T&C and Privacy Policy, there are no guarantees and no warranties regarding online availability, impressions, and click-through of www.GoSahi.com, its web pages, our mobile application, and any material, information, links, or content presented on the Site including web pages at GoSahi.com, and any material, information, links, or content presented on the Site including web pages at www.GoSahi.com, may be unavailable for online access at anytime. Preminen India’s prior written approval must be obtained before the posting of any advertising material, information, links, content, banners, and graphics on the Site including www.GoSahi.com. Preminen India reserves the right to accept or to reject any advertising sponsor or any advertising for any reason.

9.2.  You acknowledge that while we make reasonable efforts and endeavor to ensure that information provided by us is accurate, we do not represent or warrant that any User Content or content, material or information on the Site is accurate, complete or current. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of User Content, content, material or information on the Site and other information and opinions expressed through our Site or Service. For instance, ratings and reviews may be informative to some but are not provided as a guarantee or prediction of the level of performance you may experience with the applicable product, service, merchant or other third party. You are solely responsible for any actions or decisions you take based on contents, materials and information available through our Site and Service, and should carry out your own research and investigation as appropriate.

 

9.3.  If there is a dispute between you and anyone accessing our Site or Service, or you and any third party (including Associate Partners) in connection with our Site or Service, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release Preminen India and its Affiliates from all Losses of every kind or nature arising out of, relating to or in any way connected with such dispute.

9.4.  We make no warranties regarding and shall not be liable or responsible to you (whether in contract, tort or otherwise) for your use of, the quality or late delivery of the products or services from any associate partners / third party or for honoring (or to cause any associate partner / third party to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to any product or service offerings promoted or available through our site or service.

10. Electronic Communication

10.1.  When you use the Site, you are communicating with Preminen India electronically. You consent to receive communications from Preminen India electronically. Preminen India may communicate with you by email or by posting notices on the Site or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

11. Site-Provided message Postings

11.1  Preminen India may provide users with the ability to post messages / information / contents on the Site. However, Preminen India is under no obligation to pre-screen or review any messages, information or content (“Postings”) posted on the Site by users and we assume no responsibility or liability relating to any such Postings. Notwithstanding the above, Preminen India may from time to time monitor the Postings on the Site and may decline to accept, modify and/or remove any Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) any unlawful, tortious, harmful, threatening, abusive, harassing, defamatory, vulgar, pornographic, obscene, offensive, profane, hateful, inflammatory, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense or unlawful act, give rise to civil liability, copyright infringement, computer misuse or otherwise violate any applicable local, state, national or international law; (ii) any commercial material or content, including, but not limited to advertisements, marketing or solicitations of any kind; (iii) any material that promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iv) any material which may be false, misleading or deceptive; (v) any material which may threaten, abuse or invade another’s privacy, or provided with an intent to harass, upset or embarrass any other person (vi) impersonate others or provide any kind of false information; (vii) personal information including messages which state name, gender, phone / mobile numbers, email, account numbers, addresses, or employer references etc.; (viii) messages by non-spokesperson employees of Preminen India purporting to speak on behalf of Preminen India or containing confidential information or expressing opinions concerning Preminen India; (ix) messages that offer unauthorized downloads of any copyrighted or private information; (x) multiple messages placed within individual folders by the same user restating the same point; (xii) chain letters of any kind; or (xii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party (xiii) identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) using Site to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) using Site =to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases. You shall be solely liable for any Loss resulting from any violation of the foregoing restrictions, or any other harm resulting from your Posting on the Site.

12. Links, Associate Partners and Third Parties

12.1.  The Site or third parties may provide links to other World Wide Web sites or resources. Because Preminen India has no control over such sites and resources, you acknowledge and agree that Preminen India is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Preminen India shall not be responsible or liable, directly or indirectly, for any 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 site or resource.

13. Framing, Linking etc.

13.1.  The use of content on any other web site or networked computers is prohibited. Links to the Site without our express written permission are strictly prohibited. The framing, mirroring, scraping or data mining of the Site or any of any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted.

14. Access To Password Protected/Secure Areas

14.1  Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

15. Modification and Notification of Changes

15.1.  Preminen India reserves the right to make changes to the Site, related policies and agreements, this T&C and the Privacy Policy and any additional terms which might apply to the Services, govern your use of Site or any Services at any time. Preminen India also reserves the sole right to modify, suspend / cancel, or discontinue any or all sections or services at any time without notice. Preminen India reserves the right to make modifications and alterations in the information contained on the Site without notice. You agree that Preminen India shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site or any section or service.

15.2.  If Preminen India makes a material modification to this T&C, it may notify you by: (i) displaying a prominent announcement above the text of this T&C or the Privacy Policy, as appropriate, for thirty (30) days, being deemed sufficient notification, of such changes. After notice of a modification to the T&C or the Privacy Policy has been posted for 30 days, the notice will be removed. If you have not used the Site for more than 30 days, you should check the T&C and/or Privacy Policy prior to any further use of the Site. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new T&C or Privacy Policy, as relevant.

16. Limitation on our Liability

16.1.  You expressly understand and agree that notwithstanding anything contrary contained herein Preminen India, and its subsidiaries, affiliates, successors, officers, directors, employees, agents, partners, and licensors and their related / group companies (collectively “Affiliates”) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Preminen India has been advised of the possibility of such damages), resulting from, arising out of, relating to, or in any way connected with

(i) your use or inability to use the site, content or any services,

(ii) the cost of procurement of substitute goods and services;

(iii) unauthorized access to or alteration of your transmissions or data;

(iv) statements or conduct of any third party on the site; or

(v) acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, change of laws, notification, order, guideline, circular, directive, etc., of any local, state or central government department, authority etc., non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or (vi) any other matter relating to the site however caused and on any theory of liability (including negligence).

16.2.  Your sole remedy for dissatisfaction with our site or service including, without limitation, Preminen India content is to stop using our site and service. this limitation shall also apply with respect to damages incurred by reason of services or products, information, advice, information or advertising received through or in connection with our site or service or any links provided via site. these limitations shall apply to the fullest extent permitted by law.

 

16.3.  However, if, despite the limitation above, Preminen India or its affiliates, are found liable for any loss which arises out of or in any way connected with any of the occurrences described above, then the liability of Preminen India and/or its affiliates, will in no event for all damages, losses and causes of action whether in contract, tort (including but not limited to, negligence) or otherwise exceed, in the aggregate of rupees one hundred only (inr 100).

16.4.  The limitation of liability reflects the allocation of risk between the parties. you agree that this is a fair limitation based upon the manner and cost by which our site or service are provided to you, and taking into account your ability to use alternative resources providing information similar to that of our site or service. furthermore, you agree that any cause of action arising out of, related to, or in any way connected with our site, service or these t&c must commence within ___30 days_____ after the cause of action accrues. causes of action brought outside this time period are waived.

 

16.5.  The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. the limitations of liability provided in these terms inure to the benefit of Preminen India, and its affiliates.

17. Disclaimer of Warranties

17.1.  To the full extent permitted by law, Preminen India services and all information, content, materials, products (including software) included on or otherwise made available to you through its services are provided by Preminen India on an “as is” and “as available” basis and are not warranted to be, among other things, free of computer virus. you expressly agree that your use of our site and service is at your own risk. Preminen India and its affiliates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the site. Preminen india makes no representations or warranties of any kind, express or implied, as to the operation of site or the information, content, materials, products (including software) or services included on its site or otherwise made available to you through its services and Preminen india or any of its affiliates shall not be in any way responsible for any loss that may arise to any person from such use or services availed.

17.2.  We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. we make no warranty with respect to the results that may be obtained from this site, the products or services advertised or offered by associate partners involved. no advice or information, whether oral or written, obtained by you from us or through or from the site shall create any warranty not expressly stated in these t&c.

 

17.3.  We make no warranty that: (i) any product or service will meet your requirements; (ii) any product or service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of any product or service will be accurate or reliable or complete or applicable to a particular situation: (iv) the quality of any product, service, information, or other material obtained by you through any product or service will meet your expectations; or (v) any errors in the software will be corrected.

18. Indemnity

18.1.  You agree to indemnify and hold Preminen India (and its Affiliates) harmless from any and against any and all claims, causes of action, demands, recoveries, losses, damages, obligations, fines, penalties, dues, liabilities or other costs or expenses of any kind or nature, including reasonable attorneys’ fees etc. (collectively “Loss”), arising out of or related to (i) any actual or alleged violation or breach by you of breach of this T&C and Privacy Policy, (ii) your violation of any law or the rights of a third party, (iii) your access to or use of the Site or Service, (iv) your User Content; (v) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (vi) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

19. Trademarks

19.1.  The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Preminen India and other third parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Preminen India or such third party which may own the Marks. All information and content including any software programs available on or through the Site is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes.

19.2.  You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout, or form) of Preminen India, its Affiliates or other third parties, without prior written consent of Preminen India.

20. Survival of Terms After Agreement Ends

20.1  Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.

21. Local Laws

21.1.  Preminen India controls and operates the Site from its headquarters in Gurgaon, Haryana, India and makes no representation that the materials on the Site are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India.

22. General

22.1.  If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

22.2.  Headings are for reference purposes only and do not limit the scope or extent of such section.

 

22.3.  This T&C and the relationship between you and Preminen India will be governed by the laws of the India without regard to its conflict of law provisions. You and Preminen India agree to submit to the personal jurisdiction of the courts located in Gurgaon, Haryana, India jurisdiction with respect to any legal proceedings that may arise in connection with this T&C.

22.4.  The failure of Preminen India to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Preminen India does not guarantee it will take action against all breaches of this T&C.

 

2.5.  Except as otherwise expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C.

2.6.  Except as explicitly stated otherwise, any notices provided by us may be made by an updated posting on the Site, by postal mail or by email to the most recent address that you have provided. Notices to us and complaints in relation to the processing of information or regarding this T & C shall be given by postal mail or e-mail (with a copy by postal mail) at:

Address: Level 8, Tower-1A,International Tech Park,G.P. Realtors Pvt. Ltd. IT/ITES SEZ,Village Behrampur, Near Sec – 59,Gurugram, Haryana – 122101

Email: legal@gosahi.com

2.7.  If you have any questions, comments, concerns or feedback in relation to the processing of information or regarding this T& C, send an e-mail to legal@gosahi.com.

2.8.  You shall not assign these T&C or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent of Preminen India. However, Preminen India shall be entitled to assign these T&C or assign any rights or delegate any obligations hereunder to any third party or its Affiliates without your consent.

 

2.9.  This T&C constitutes the entire agreement between you and Preminen India and governs your use of the Site, superseding any prior agreements between you and Preminen India with respect to the Site. We are constantly updating our Site and Services to provide better options and features, or for other reasons. In certain instances, it may be necessary to update or modify our T&C to reflect these and other changes (e.g., to reflect updates to our practices and policies). We also may, in some instances, need to provide you with operating rules or additional terms that govern your use of parts of our Site or any Service (“Additional Terms”). Accordingly, you agree that we may at any time provide you with Additional Terms, or update or modify these T&C, as appropriate or necessary. To the extent any Additional Terms conflict with these T&C, the Additional Terms will control.

2.10.  This T&C and your use of Site does not constitute any joint venture, partnership, employment or agency relationship between you and Preminen India.