TERMS & CONDITION
TERMS & CONDITIONS
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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
User Agreement
Being allowed access to awmh.in (Ad works Media House), you enter into the awmh.in (Ad works Media House ) user agreement on the terms and conditions set out below. This Agreement is for an indefinite term. Subject to the terms contained herein, either party can terminate this agreement for any reason provided that such termination shall be conditional upon, including but not limited to, discharge of all contractual and statutory obligations.
Before you subscribe to and/or begin participating in or using web site, awmh.in (Ad works Media House ) believes that user(s) have fully read, understood and accept the agreement.
If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the web site.
Acceptance
Just by surfing the website you accept the following terms of services for using awmh.in (Ad works Media House ) which can be changed or updated anytime as and when felt by the site and are bound by the applicable laws. The modified terms of services shall be effective immediately upon posting. You agree to be bound by such revisions, and you should periodically revisit this page to review the then current terms and conditions.
Acceptable Use
Users agree not to use the site so as to violate any law, or to misuse the proprietary information or property of others for his or her own purposes or otherwise, and not to make postings which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others.
Without limiting the generality of the foregoing, a user shall not do any of the following or permit any of a client’s authorized users, or other third parties to do any of the following:
- disclose private communications without permission to parties other than the intended recipient, or disclose confidential information;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
- post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
- falsify user information provided to awmh.in (Ad works Media House ) or to other users of the service in connection with the use of a awmh.in (Ad works Media House ) service;
- account sharing, including without limitation, letting third parties use your account and password.
- www.awmh.in (Ad works Media House ).com makes no representations or guarantees, whether express or implied, including but not limited to guarantees of the continued existence and/or operations of the advertiser, or the reliability, quality, or support, of services as a franchisor for taking a franchise offered by the advertiser. Buying franchise from advertisers shall be at your own risk.
- We are not responsible for the transaction that takes place between the investors and franchisors listed on www.awmh.in (Ad works Media House ).com All the franchisor and investor listed www.awmh.in (Ad works Media House ).com are purely for information purpose and represent neither endorsement nor recommendation of such companies by (Ad works Media House )
- We take no responsibility for any failure to provide this service(s), including but not limited to storing or delivering any user communications or settings or anything relating to the use of this website.
- We are not liable for any loss suffered by you through the use of this website howsoever caused, including but not limited to loss caused through but not limited to our negligence, breach of contract, copyright infringement, and breach of other intellectual property rights or defamation.
- All contents, links and listings provided with awmh.in (Ad works Media House ) and related websites are provided for information purpose only. We make no warranties and are not liable for any actions or representations of any listed company within awmh.in (Ad works Media House ) and related websites. We do not offer advice nor do endorse any of the contents or information provided by advertisers. Futhermore, the provided contents have not been confirmed for accuracy and we deny any responsibility to do so.
- All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly or privately transmitted/posted, is the sole responsibility of the person from where such content originated.
- You shall be solely responsible for all content that you upload, post or otherwise transmit. Awmh.in (Ad works Media House ) does not control the content posted via chat and other community services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using such services, you may be exposed to objectionable matter. Under no circumstances will awmh.in (Ad works Media House ) be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, uploaded on this site.
- You may also not indulge in cyber stalking become or create a nuisance for any person. You may not send, submit, post, or otherwise transmit, messages or material that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this site, or other user’s ability to engage in real time exchanges.
- awmh.in (Ad works Media House ) shall at its sole discretion terminate your account without any prior notice for any violation of the Terms of Use.
- All content posted by you becomes the property of awmh.in (Ad works Media House ) and you agree to grant/assign the royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Certain services are only a venue for persons to interact and exchange views with each other. Any transactions relating to sale/purchase of goods or services offered are to be settled between the parties and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by this site. This site is not involved in any way in the actual transactions between the buyers and sellers
- You agree to indemnify and hold harmless awmh.in (Ad works Media House )., its parent, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit or as a result of any transaction done on or through this site.
- The employer will provide complete and accurate information when posting a job(s) that will help the User to take an informed decision to apply for the job posting
- The Employer will obtain all necessary licenses and permits for posting a job on the (Ad works Media House ) website. The Employer indemnifies and agrees to keep the company indemnified against all demands, claims and damages which may arise out of the said job posting.
- The job search, job posting, resume Database and all other features/ services may be used by either individuals seeking employment opportunities or by employers seeking potential employees for their respective companies. Account security responsibility applicable to Employers additionally
- You are solely responsible for maintaining the confidentiality of your account access information and password(s). You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by You. You are not authorized to share your password or other account access information with any other party, temporarily or permanently. You agree to immediately notify the Company of any unauthorized use of your Account, and/or passwords.
- Employers are solely responsible for their postings on the Website. We shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on our Website.
- You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from our databases.
- In order to protect our Users from commercial advertising or solicitation, awmh.in (Ad works Media House ) reserves the right to restrict the number of e-mails which an employer may send to Users to a number which awmh.in (Ad works Media House ) deems appropriate in its sole discretion.
RESUME INFORMATION
- Based on the profile status selected by you, your resume shall be accessible to potential employers. You can store your resume on our servers and make it searchable by third parties/employers/recruiters. You may only use it for applying online though our website and denying access to others.
- If your profile status is visible, your resume is searchable and you make it non-confidential and visible to all and in such a case anyone can have access to your resume. If you keep your profile status anonymous, you opt to keep the resume confidential and then only those will have access to it to which you have applied for a job/opening.
- We cannot guarantee that third parties shall gain access to your resume neither we are responsible for the use made of the resume by third parties to who you apply or who have access to our database, while your profile status has been made visible by you. In case of making your profile status visible, we are not responsible for the privacy, secrecy or retention of your resume.
- You may edit, update and remove your resume at any time but parties who have access to our database (while your resume or profile was visible) may have retained a copy of your resume in their own files. We cannot be held responsible for such retention/storage. You should always remember that once you post your resume on our website with your profile visible, anybody will have access to the same and we do not have any control over such access and use of your resume/information by third parties. In case your profile status is anonymous and you apply for a job on our site, the prospective employer will also be able to retain a copy of your Resume and Profile
Advertising Material
Part of the Site will contain advertising and other material submitted to (Ad works Media House ) by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with applicable International and National law. (Ad works Media House ) will not be responsible for any advertiser’s claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to (Ad works Media House ).com terms and conditions .
Material Submitted by Users
Certain elements of The Site will contain material submitted by users awmh.in (Ad works Media House ) accepts no responsibility for the content, accuracy, conformity to applicable laws of such material.
awmh.in (Ad works Media House ). considers the above practices to constitute abuse of the service and of the recipients of such unsolicited mailings or postings or both, who often bear the expense. Engaging in one or more of these practices may result in termination of the user’s account.
Nothing contained in this policy shall be construed to limit awmh.in (Ad works Media House )’s actions or remedies in any way with respect to any of the foregoing activities, and awmh.in (Ad works Media House ) reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, all rights and remedies available to it at law or in equity. Charges
awmh.in (Ad works Media House ) reserves the right to charge subscription or membership fees in respect of any part , aspect of this Site upon reasonable prior notice.
WEBSITE- MERELY A VENUE/PLATFORM
Web site acts as a mere venue/platform for our members to negotiate/interact for buying, selling and other business services by way of locating companies to trade with, through our on-line exchange.
We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between awmh.in (Ad works Media House ) and other party.
USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by awmh.in (Ad works Media House ) ,Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law, i. e. user(s) must be at least 18 years of age to be eligible to use our services.
awmh.in (Ad works Media House ) advises its users that while accessing the web site, they must follow/abide by the related laws. awmh.in (Ad works Media House ) is not responsible for the possible consequences caused by your behaviour during use of web site. awmh.in (Ad works Media House ) may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of web site.
USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered – free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all awmh.in (Ad works Media House ) services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
AMENDMENT TO USER(S) AGREEMENT awmh.in (Ad works Media House ) may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
INTERACTION BETWEEN USERS
awmh.in (Ad works Media House ) provides an on-line platform for exchanging information between buyers and suppliers of products and services. Web site does not represent the seller or the buyer in specific transactions and does not charge any commission for enabling any transaction. Web site does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the web site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. Web site uses several techniques (such as Right Choice) to verify the accuracy and authenticity of the information our user(s) provide us. However, since it is not possible in all cases and is not 100% fool-proof, awmh.in (Ad works Media House ) cannot and does not confirm each user(s) purported identity (including, without limitation, Right Choice Members). awmh.in (Ad works Media House ) encourages user(s) to use various tools available on the web site and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the web site to conduct transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the web site.
Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the web site as a result of purchase and sale transactions in connection with using the web site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”.
User(s) agree that AWMH.IN (AD WORKS MEDIA HOUSE ) shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify AWMH.IN (AD WORKS MEDIA HOUSE )(and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential
Services
Access to the site and certain of its features are provided to all users free of charge. However awmh.in (Ad works Media House ) reserves the right, without prior notice, to restrict access to certain areas or features of the site to paying users or users who undergo a specific registration process. awmh.in (Ad works Media House ) reserves the right to deny premium services to any user for whatever reason in order to protect awmh.in (Ad works Media House )’s interests.
Non-transferable
Memberships are for single client use only, and are not transferable. Reselling of memberships is strictly prohibited.
Refunds Policy
Refunds will only be issued before delivery of the service. Once the service has been commenced, the service is non-refundable.
INTELLECTUAL PROPERTY RIGHTS
Awmh.in (Ad works Media House )is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with awmh.in (Ad works Media House ), its affiliates or licensor’s of awmh.in (Ad works Media House ) content, as the case may be.
All rights, not otherwise claimed under this agreement or by awmh.in (Ad works Media House ), are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. (Ad works Media House ) does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall awmh.in (Ad works Media House ) be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
The information presented here has been compiled from publicly aired and published sources. Awmh.in (Ad works Media House ) respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. awmh.in (Ad works Media House ) reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.
You agree to the following:
- Scope of License (including IPR (Intellectual Property Right)), Restrictions & Permitted Uses: The permission granted to you by the Company is a limited, non-exclusive, non-concurrent, non-transferable, limited license to access and use the Data & the Service as available or provided on the Website in accordance with the following permitted uses, which is again subject to the restrictions set forth herein:
The information available through the Data and the Service is the property of the Company and is protected by copyright laws and other relevant and important intellectual property laws. The Data and Service that is made available on this Website may be used for marketing programs to consumers and businesses as specified by Company, in accordance with the terms and conditions of this Agreement. You shall adhere to and comply by the IPR (Intellectual Property Law Right) notice and the relevant IPR logos that would appear in the Website and that would appear when you download the file. The Company shall as per its own discretion keep a check on the Data to ensure and detect any unauthorized use or duplication thereof, and you agree to abide by instructions or directions received from the Company. You should not use the Data for establishing an individual’s creditworthiness or eligibility for any purpose pertaining to such individual’s
(i) credit or insurance, or
(ii) employment or any. You shall not use any Data to advertise, sell, or exchange any products or services relating to illegal or illicit activities which is including but not limited to, sexual products or services, drug products or services, pornographic materials, weapons. Or any kind of <><>
credit services
You shall ensure that, you will not use the Data, in whole or in part for
(i) any purpose which is beyond and outside the scope of this or
(ii) any products or services that would be provided to third parties. You confirm to strict compliance of all restrictions and requirements that would be updated in this Terms of Use by the Company from time to time.
You represent and warrant that you will ensure to have implemented and maintain an appropriate information security program that has administrative, technical, and physical safeguards (appropriate to its size and complexity, the nature and scope of your activities, and the sensitivity of your customer information) to protect the security of the Data.
In using the Data, this Site and all marketing communications used in connection with any Data:
(i) you shall fully comply with all applicable laws local, national, foreign and regulations, including, but not limited to, laws and regulations regarding telemarketing, National Do Not Call Registry, laws pertaining to information technology, TRAI (Telecom Regulatory Authority Of India, DOT (Department of Telecommunication),email, fax marketing, customer solicitation and privacy;
(ii) all such applicable laws that would be applicable to the products and services as available on this Website.
You agree that any use of email and all other information as available and provided should be subject to compliance of relevant laws. The Company does not guarantee that all of the email addresses and all other information as available and provided are still valid.
- Eligibilty to use website:
Only adults, who are at least eighteen (18) years of age, are eligible to use our Website, whether for personal use or on behalf of a business. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.
- Prohibited uses of the website & the data purchased: Our Website and the content contained therein should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:
a. Impersonating a Third Party. Entering into a relationship with us in which you impersonate or claim to be any third party, or misrepresent your affiliation with another third party;
b. Initiating Objectionable Communications. Initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
c. Illegal Use of Website. Using the Website for any illegal purposes, including but not limited to conspiring to violate laws;
d. Disclosing Confidential Information. Sharing information or initiating communications with information you are under an obligation not to disclose;
e. Tampering with Website. Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, network, or content or those of any third party via our Website, including but not limited to those of our licensors, and using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;
f. Uploading Viruses. Uploading, posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment;
g. Decompiling or Reverse Engineering the Software. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;
h. Intellectual Property Infringement including but not limited to Copyright Infringement. Aggregating, copying, duplicating, downloading, or making derivative works of any of the software making up part of the Website, the arrangement of any data available on the Website, or any of the copyrighted content available on the Website, without first entering into a copyright license expressly authorizing such activities; and
i. Deleting or Obscuring Proprietary Notices. Deleting, obscuring, or in any manner altering any copyright or proprietary notice or link that appears on the Website;
j. Mining Data. Using any means of automatically searching, downloading, scraping, or mining data from the Website, without first entering into a copyright license expressly authorizing such activities; or
k. Violating the Rights of Others. Using any content on our Website in any manner to defame, abuse, harass, stalk, threaten, injure, or otherwise violate the legal rights of any third party.
l. You agree and confirm that you shall not indulge in reselling the Data purchased from our Website, nor should you create any database by deploying crawlers. In the event we (Company) comes to know about any such activity of you reselling the Data purchased from the Company, then in that event you confirm to abide by the legal, penal and monetary action taken by the Company against you. Further, you shall desist from using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party.
m. The Service is available ONLY for the number of designated users identified in your order and may not be shared with other non-designated persons or entities.
n. The account owner and each designated user are responsible for the confidentiality and use of the user’s name and personal password and all activity and use under the user name and password.
o. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Service to anyone else without the express prior written consent of the Company.
p. You may use information from the Service for yourself or within your company, but copying, distributing or otherwise making available the Company’s or its licensors’ copyright-protected content from the Service to third parties is forbidden.
q. You are prohibited from: (a) using or permitting the use of the information to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party; or (c) using or permitting the use of the information in connection with any individual credit, employment or insurance decisions.
r. The Company reserves the right to monitor your use of the Service to ensure compliance with this Agreement. If such monitoring indicates you are not in compliance with this Agreement, then in that event the Company reserves the right to take such action as it deems necessary, including, but not limited to, assessing additional charges for users or downloaded records in excess of the number authorized, or suspension or termination of the account. You acknowledge that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive use or users. Systematic access or extraction of content from the Service, including the use of “bots” or “spiders”, is prohibited.
If you become aware of any inappropriate use, please notify us immediately.
- Operation of Website:
We use commercially reasonable efforts to offer high availability and maintain our Website free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
a. Description of the Incident. The specific sequence of events which generated the incident, and a full description;
b. Description of Error Message. The exact wording of any error messages, if applicable; and
c. Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime. We may take the Website offline from time to time when necessary for maintenance.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We would like to clarify that due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service.
We reserve the right to make modifications to the operation of the Website at any time at our sole discretion.
- Modification Of These Terms Of Use:
We may modify our Terms of Use at any time without notice or in our sole discretion, and any amendments will apply immediately. You should return to this page from time to time in order to ensure that you are aware of any changes. You confirm and accept your responsibility to keep yourself apprised about any changes to these Terms of Use. The Privacy Policy posted to our Website along with other additional terms and conditions as mentioned in various pages of our website also form part of these Terms of Use. We may at any time modify these Terms of Use, the Privacy Policy, other additional terms and conditions that are mentioned in various pages of our Website or introduce new policies regarding the use of this Website. Any reference to our Terms of Use includes all such policies.
- Responsibility for Consumer Inquiries:
You confirm and accept the responsibility of responding to any communication initiated by a consumer (“Consumer Inquiries”) arising out of your use of the Data as available and provided on our Website. No reference to Data Owner or Company in written or oral communication to a consumer or in scripts used in responding to Consumer Inquiries shall be made without Company’s prior written approval.
- Suppression:
You acknowledge that Company and Data Owner (if any) do not guarantee that the names or telephone numbers of all such consumers have been flagged or removed from the Data supplied hereunder. You further represent that if you are telemarketing service provider then you have all the necessary licenses and permissions that are required to be taken from all the legal and governmental authorities from time to time. You further acknowledge that it is your sole responsibility to ensure that the most current suppression information has been applied to your files before such files are used for marketing. Except with regard to your customers, you agree to honor consumers’ elections to not receive marketing solicitations and in the event that you do not honor such consumers’ choice not to receive marketing solicitations, Company may cease delivery of any future Data and/or terminate this Agreement immediately. You agree to defend, indemnify and hold harmless Data Owner (if any) and Company, as set forth below, due to your failure to properly honor a consumer’s choice not to receive marketing solicitations or to comply with its obligations set forth in this Section.
- Indemnification:
You shall defend, indemnify, and hold harmless Company and the Data Owner (if any) from and against any and all claims, demands, judgments, liability, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or resulting from your use, misuse or unauthorized use of the Data.
- Audit/Non-Compliance:
Data Owner (if any) and Company reserve the right to audit any and each of your computer systems and applicable business records to ensure your compliance with the terms and conditions of this Agreement. In the event an audit reveals that you are not in compliance with the terms and conditions of this Agreement, you shall be responsible for the costs of the audit, as well as any and all damages resulting from such non-compliance including, without limitation, any special, incidental, indirect, or consequential damages whatsoever.
- Force Majeure:
Neither party shall be liable for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond the reasonable control of the party delayed.
Copyright
All content on this web site is the copyright of awmh.in (Ad works Media House ) except the third party content and link to third party web site on our website.
awmh.in (Ad works Media House ) is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace – who post literally tens of thousands of trade leads for items on the website each day – have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. (Ad works Media House ) is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, awmh.in (Ad works Media House ) is not endorsing a claim of infringement. Neither, in those instances in which awmh.in (Ad works Media House ) declines to take down a listing, is (Ad works Media House ) determining that the listing is not infringing, nor is awmh.in (Ad works Media House ) endorsing the sale of goods in such cases.
awmh.in (Ad works Media House ) respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site (the ” awmh.in (Ad works Media House ) content”) for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with awmh.in (Ad works Media House ), or otherwise commercially exploiting the awmh.in (Ad works Media House ) content. Systematic retrieval of awmh.in (Ad works Media House ) content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from awmh.in (Ad works Media House ) is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of awmh.in (Ad works Media House ) services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. Awmh.in (Ad works Media House ) reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the (Ad works Media House ) service, or if awmh.in (Ad works Media House ) believes that user(s) conduct is harmful to the interests of (Ad works Media House ), its affiliates, or other users, or for any other reason in (Ad works Media House ) sole discretion, with or without cause.
URL’s/Sub-Domain
URL’s/Sub-Domain Names assigned by awmh.in (Ad works Media House ) to its users (which includes both paid and free) is the exclusive property of awmh.in (Ad works Media House ) and it cannot be assumed to be permanent in any case. Awmh.in (Ad works Media House ) reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL’s/Sub domain names. IN SUCH CASE, awmh.in (Ad works Media House ) WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and AWMH.IN (AD WORKS MEDIA HOUSE ) has not have any control over such sites i.e content and resources provided by them.
AWMH.IN (AD WORKS MEDIA HOUSE ) may allow user(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party’s web site. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. AWMH.IN (AD WORKS MEDIA HOUSE ) believes that user(s) acknowledge that AWMH.IN (AD WORKS MEDIA HOUSE ) has no control over such third party’s site, does not monitor such sites, and AWMH.IN (AD WORKS MEDIA HOUSE ) shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
TERMINATION
Most content and some of the features on the web site are made available to visitors free of charge. However, AWMH.IN (AD WORKS MEDIA HOUSE ) reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. AWMH.IN (AD WORKS MEDIA HOUSE ) also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of AWMH.IN (AD WORKS MEDIA HOUSE ) and/or other visitors to the web site. AWMH.IN (AD WORKS MEDIA HOUSE ) reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
awmh.in (Ad works Media House ) may terminate any user’s account without any prior notice if he/she is found to be doing or trading any illegal things on the site or found to be misusing the site in any manner or not following the terms of service of posting any offer/ auction or the website. awmh.in (Ad works Media House ) does not allow any business activities of gambling, alcohol, pork products, cigarettes and pornographic products on its website. Please refrain from doing such awmh.in (Ad works Media House ) intends to be an environmental friendly site. Any loss incurred thereof will not be borne by the site awmh.in (Ad works Media House ) or any of its employers and owners.
AWMH.IN (AD WORKS MEDIA HOUSE ) withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false information in connection with the member account to AWMH.IN (AD WORKS MEDIA HOUSE ) , or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
(c) Utilize web site to send spam messages or repeatedly publish the same product information.
(d) Post any material to members that is not related to international trade or business cooperation.
(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form
(f) Any unauthorized access, use, modification, or control of the web site data base, network or related services.
(g) Obtain by any means web site member’s user name and/or password.
If AWMH.IN (AD WORKS MEDIA HOUSE ) terminates user(s) membership, user(s) will not have the right to re-enroll or join AWMH.IN (AD WORKS MEDIA HOUSE ) under a new account or name unless formally invited to do so by (AD WORKS MEDIA HOUSE ).COM . In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the web site be liable to the user(s) or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.
REGISTERED USER(S)
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form on the web site by giving desired information (name, contact information, details of its business, etc.). AWMH.IN (AD WORKS MEDIA HOUSE ) will establish an account (“Account”) for the user(s) upon registration and assign a user alias (“User ID”) and password (“Password”) for log-in access to your Account. Web site may or may not assign user(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to AWMH.IN (AD WORKS MEDIA HOUSE ) during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize AWMH.IN (AD WORKS MEDIA HOUSE ) to share such information with other user(s). AWMH.IN (AD WORKS MEDIA HOUSE ) may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Web site may suspend or terminate a Registered membership at any time without any prior notification in interest of AWMH.IN (AD WORKS MEDIA HOUSE ) or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of AWMH.IN (AD WORKS MEDIA HOUSE ) in any way.
Despite my and organization’s contact number(s) are on Do Not Call Registry, I allow (Ad works Media House ) (” (AD WORKS MEDIA HOUSE ) “) to make phone calls in respect to the subscribed services of (AD WORKS MEDIA HOUSE ).COM .
DATA PROTECTION
Personal information supplied by user(s) during the use of web site is governed by our privacy policy. Please click here to know about our privacy policy.
POSTING YOUR CONTENT ON WEBSITE
Some of the content displayed on the website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the web site using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services.
AWMH.IN (AD WORKS MEDIA HOUSE ) in such case is not the author. The content here is contributed by anonymous, registered or paid user(s). Neither AWMH.IN (AD WORKS MEDIA HOUSE ) nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party who has provided the content. AWMH.IN (AD WORKS MEDIA HOUSE ) is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, AWMH.IN (AD WORKS MEDIA HOUSE ) is not responsible for the conduct of user(s) activities on the web site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user’s conduct.
User(s) solely represent, warrant and agree to:
(a) provide AWMH.IN (AD WORKS MEDIA HOUSE ) with true, accurate, current and complete information to be displayed on the web site and
(b) maintain and promptly amend all information to keep it true, accurate, current and complete.
User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to AWMH.IN (AD WORKS MEDIA HOUSE ) to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the web site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the web site (hereafter referred to as”Third Party Rights”).
User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the web site or provide to web site or authorize the web site to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the web site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) hereby represent, warrant and agree that information submitted to AWMH.IN (AD WORKS MEDIA HOUSE ) for display on the web site will not:
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Be part of a scheme to defraud other User(s) of the web site or for any other unlawful purpose;
- Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
- Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- Solicit business from any User(s) in connection with a commercial activity that competes with (AD WORKS MEDIA HOUSE ).COM ;
- Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
- Otherwise create any liability for AWMH.IN (AD WORKS MEDIA HOUSE ) or its affiliates.
AWMH.IN (AD WORKS MEDIA HOUSE ) reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the web site which it reasonably believes is unlawful, could subject AWMH.IN (AD WORKS MEDIA HOUSE ) to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in AWMH.IN (AD WORKS MEDIA HOUSE ) ‘s opinion. Web site reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, web site may suspend or terminate the Account of any User as web site deems appropriate in its sole discretion. User(s) agree that web site shall have no liability to any User(s), including no liability for consequential or any other damages, in the event web site takes any of the actions mentioned in this Section, and that you agree to bear the risk that web site may take such actions.
Web site acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the web site. AWMH.IN (AD WORKS MEDIA HOUSE ) do not have any role in developing the content.
INTERACTION BETWEEN USERS
AWMH.IN (AD WORKS MEDIA HOUSE ) provides an on-line platform for exchanging information between buyers and suppliers of products and services. Web site does not represent the seller or the buyer in specific transactions and does not charge any commission for enabling any transaction. Web site does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the web site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. Web site uses several techniques (such as Right Choice ) to verify the accuracy and authenticity of the information our user(s) provide us. However, since it is not possible in all cases and is not 100% fool-proof, AWMH.IN (AD WORKS MEDIA HOUSE ) cannot and does not confirm each user(s) purported identity (including, without limitation, Right Choice Members). AWMH.IN (AD WORKS MEDIA HOUSE ) encourages user(s) to use various tools available on the web site and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the web site to conduct transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the web site.
Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the web site as a result of purchase and sale transactions in connection with using the web site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”.
User(s) agree that AWMH.IN (AD WORKS MEDIA HOUSE ) shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify AWMH.IN (AD WORKS MEDIA HOUSE )(and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on web site solely for their personal or internal purposes. User(s) agree that they will not use AWMH.IN (AD WORKS MEDIA HOUSE ) database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the web site are provided on an “as is” and “as available” basis, and web site hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. AWMH.IN (AD WORKS MEDIA HOUSE ) makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the web site. AWMH.IN (AD WORKS MEDIA HOUSE ) does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site does not violate any third party rights; and AWMH.IN (AD WORKS MEDIA HOUSE ) makes no representations or warranties of any kind concerning any product or service offered or displayed on the web site. Any material downloaded or otherwise obtained through the web site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from web site or through or from the web site shall create any warranty not expressly stated herein.
Under no circumstances shall web site be held liable for an delay or failure or disruption of the content or services delivered through the web site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the web site (including but not limited to the display of your information on the web site) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to web site.
User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the web site. User(s) hereby further agree that web site is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Web site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with web site in asserting any available defenses.
Web site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
- The use or the inability to use the web site;
- Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
- Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- Unauthorized access by third parties to data or private information of any User(s);
- Statements or conduct of any User(s) of the web site; or
- Any matters relating to Premium Services however arising, including negligence.
NOTICES
All notices or demands to or upon web site shall be effective if in writing and shall be duly made when sent to AWMH.IN (AD WORKS MEDIA HOUSE ) in the following manner: to awmh.in (Ad works Media House ), blue jewels , shop no 6 ,Dombivli (east ) thane – 421201 Maharashtra – india .
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to web site, or by posting such notice or demand on an area of the web site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when web site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon web site’s posting such notice on an area of the web site that is publicly accessible without charge.
MISCELLANEOUS
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Web site’s failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives AWMH.IN (AD WORKS MEDIA HOUSE ) ‘s right to act with respect with subsequent or similar breaches.
- Web site shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
- If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- All calls to awmh.in (Ad works Media House ) are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from awmh.in (Ad works Media House ) may be monitored and recorded.
The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and AWMH.IN (AD WORKS MEDIA HOUSE ) with respect to access to and use of the web site, superseding any prior written or oral agreements in relation to the same subject matter herein.
Subscription to our services
By subscribing to any of the awmh.in (Ad works Media House ) services the user agrees to receive all information including advertising messages sent out by awmh.in (Ad works Media House ) or its clients. The subscriber though will be provided with an option to opt out from these messages through links on these advertising messages.
Confidential Information
awmh.in (Ad works Media House ) requests the users not to disclose any confidential information on the site because many of your contact information is disclosed on the site. Any loss incurred thereof will not be borne by the the site or its owners or employees.
By submitting personal information to us, and/or by using our website, you agree that we may collect, use and disclose such personal information for the intended purpose only.
Variation
We reserve the right to amend or modify these Terms and Conditions at any time without notice.
Governing Law and Jurisdiction
a. This Agreement and any dispute or matter arising out of or in connection with and/or incidental to the use of the Site and/or the Services shall be governed by the laws of India without regard to its conflict of laws provisions.
b. The User and the Company hereby irrevocably submit to the sole and exclusive jurisdiction of the courts at Mumbai, India.
Privacy policy exclusively applies to www.awmh.in (Ad works Media House )
www.awmh.in (Ad works Media House ) includes links to other websites whose privacy policies we do not control. Once you leave our servers use of any information you provide is governed by the privacy policy of the operator of the site you are visiting. That policy may differ from ours. If you can’t find the privacy policy of any of these sites via a link from the site’s homepage, you should contact the site directly for more information.
Statistics and Storage
When we present information to our advertisers — to help them understand our audience and confirm the value of advertising on our websites — it is usually in the form of aggregated statistics on traffic to various pages within our sites. If you do register with AWMH.IN (AD WORKS MEDIA HOUSE ) Site, we may, from time to time, contact you about content and features that we believe may be of interest to you.
All information gathered on www.awmh.in (Ad works Media House ).com is securely stored within the AWMH.IN (AD WORKS MEDIA HOUSE ) Site controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Collection of Information
awmh.in (Ad works Media House ) collects information from its users when they register to gain access to our services or at other specific instances when they are requested to provide us with their personal & business information. During registration, we ask the users for their name, email address, business information and other personal details. Once a user registers, he/she is no longer anonymous to awmh.in (Ad works Media House ) and it is deemed that the user has given Awmh.in (Ad works Media House ) the right to publish the desired business & personal details throughout its marketplaces, including but not limited to, business directory, media leads, hot properties etc.
We also gather usage statistics such as pages viewed, number of unique visitors, browser software, screen resolution etc. for analysis that helps us provide you improved user experience and services.
Use of Personal & Business Information
awmh.in (Ad works Media House ) ‘s primary goal in collecting personal or public information is to provide the user with a customized experience on our network of sites. This includes personalized services, interactive communication and other services, most of which are completely free and remaining are paid. Business information is used to display the user’s business listing or product offerings across our network to fetch maximum business opportunities for the user.
In order to provide free services, AWMH.IN (AD WORKS MEDIA HOUSE ) displays advertisements based upon the site usage statistics and visitor trends. AWMH.IN (AD WORKS MEDIA HOUSE ) uses user’s personal & business information to serve targeted advertisements through its websites, newsletters and customized mailers. In addition to it, once the user’s personal and business information is displayed on our network, the user may start receiving business enquiries through email, phone or normal mail, from various buyers and sellers that might or might not be of their interest. AWMH.IN (AD WORKS MEDIA HOUSE ) does not exercise any control over its users for sending business enquiries to the listed members.
We record buying and browsing activities of our users including but not limited to their client’s contact details and profiles and uses the same to provide value-added services to our users.
AWMH.IN (AD WORKS MEDIA HOUSE ) may also disclose account information in special cases when AWMH.IN (AD WORKS MEDIA HOUSE ) has reasons to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating AWMH.IN (AD WORKS MEDIA HOUSE ) ‘s Terms or may be causing injury to or interference with (either intentionally or unintentionally) AWMH.IN (AD WORKS MEDIA HOUSE ) ‘s rights or property, other AWMH.IN (AD WORKS MEDIA HOUSE ) network website users, or if AWMH.IN (AD WORKS MEDIA HOUSE ) deems it necessary to maintain, service, and improve its products and services. Personal information collected may be transferred and shared in the event of a sale.
Distribution of Information
AWMH.IN (AD WORKS MEDIA HOUSE ) may, from time to time, send its users emails regarding its products and services.
Updation of Information
A user may edit his/her account information and profile by logging onto our website and/or by sending a request to useradmin@awmh.in (Ad works Media House ) The requested changes may take upto 30 days to appear online because of verification process and server cache policies.
A user account can be deleted or deactivated, but doing so will result in the user not being able to access any members-only area of the network. Residual information will remain within our archive records.
Protection of information
(Ad works Media House ) sell bulk data to user / visitor.
- Data provided by awmh.in (Ad works Media House ) to the User / Visitor:
Awmh.in (Ad works Media House ) awmh.in (Ad works Media House ) uses and incorporates various methods and techniques that include different kinds of data elements for businesses and consumers. Awmh.in (Ad works Media House ) makes best efforts to collect the information and to ensure the information is acquired from reliable sources. Further, awmh.in (Ad works Media House ) takes great effort to adhere and follow good quality control procedure to try and ensure to maintain the accuracy of the information. “You” and “your” refer to any party using this website or any data or information obtained from this website
- Security Policy adhered to by the Company:
Awmh.in (Ad works Media House ) uses various security mechanisms and procedures to ensure safety of the Data. Further, awmh.in (Ad works Media House ) makes best efforts that only those who are authorized are able to access the data. Awmh.in (Ad works Media House ) does not indulge in selling the data or the information to third parties, unless prior permission is obtained for the same, through proper agreement.
- Privacy adhered to by the Company:
In its endeavour to ensure privacy of the visitors/users, awmh.in (Ad works Media House ) has made this privacy policy to ensure that User/Visitors privacy expectations are respected and protected. “You” and “your” refer to any party using this website or any data or information obtained from this website.
- Company Disclosure
Awmh.in (Ad works Media House ) always makes best efforts o provide you with best products and services. When you place and order for any product or avail any service from us, then we may if required share your contact information with other companies to provide you the product or service.
- Opt-Out Policy by the Company:
In its endeavour to ensure good satisfaction of the User/Visitor/Customer, awmh.in (Ad works Media House ) may in the process of providing best possible products or services share your Contact Information with some third party who may have good offers for you. If you so desire to remove your personal information from our email database, email a request to data@awmh.in (Ad works Media House ) and include your name, company name, address, telephone number and email address.
- Security
Please note all your Contact Information as provided by you on the Website are protected by various means and modes of several security measures. We have adequate encryption and secure transfer methods when we collect your sensitive information. We also have adequate physical utilize physical security and firewalls in order to keep your personally identifiable information confidential and secure.
- Third Party Links on the Website:
Our Website may contain several third party links, on which we do not have any control nor do we know the privacy policy adhered or followed by them. It is your responsibility to get yourself updated about the same.
- Cookies installed by the Company:
In its practice to ensure to provide best possible services to you, awmh.in (Ad works Media House ) makes use of cookies on its website to provide a better user experience.
- Certain Circumstances under which Contact Information is disclosed
As a policy we do not disclose your information o third parties, however there are certain situations like under a court direction or order, or requirement by any government or legal authorities, we may need to disclose your Contact Information.
We request our users to sign out of their AWMH.IN (AD WORKS MEDIA HOUSE ) account and close their browser window when they have finished their work. This is to ensure that others cannot access their personal or business information and correspondence, if the user shares the computer with someone else or is using a computer in a public place.
AWMH.IN (AD WORKS MEDIA HOUSE ) takes necessary steps, within its limits of commercial viability and necessity, to ensure that the user’s information is treated securely.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while AWMH.IN (AD WORKS MEDIA HOUSE ) strives to protect the user’s personal & business information, it cannot ensure the security of any information transmitted to AWMH.IN (AD WORKS MEDIA HOUSE ) and you do so at your own risk. Once AWMH.IN (AD WORKS MEDIA HOUSE ) receives your transmission, it makes best efforts to ensure its security in its systems. Please keep in mind that whenever you post personal & business information online, that is accessible to the public, you may receive unsolicited messages from other parties.
Google and the DoubleClick DART cookie
Google, as a third party vendor, uses cookies to serve ads on our site.
Google’s use of the DART cookie enables it and its partners to serve ads to our users based on their visit to our sites and/or other sites on the Internet.
Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
Amendment to the Privacy Guidelines
We reserve the right, at our discretion, to make changes to this policy at any time, without any prior written notice to you.
If you have any questions about this Privacy Statement, please contact us via email. If at any time you believe this AWMH.IN (AD WORKS MEDIA HOUSE ) Site has not adhered to these principles, please notify us by e-mail to feedback@awmh.in (Ad works Media House )
DISCLAIMER
Please remember that any provider of goods or services is entitled to register with awmh.in (Ad works Media House ) . awmh.in (Ad works Media House ) does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. awmh.in (Ad works Media House ) has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Media.
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.
Any use of the Media, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. awmh.in (Ad works Media House ) disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Media.
THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. awmh.in (Ad works Media House ) DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. awmh.in (Ad works Media House ) DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
awmh.in (Ad works Media House ) DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
ADDITIONAL DISCLAIMER:
Users using any of awmh.in (Ad works Media House ) service across the following mediums ie. through internet ie www.awmh.in (Ad works Media House ) Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with awmh.in (Ad works Media House ).
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and awmh.in (Ad works Media House ) does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with awmh.in (Ad works Media House ) .Further, awmh.in (Ad works Media House ) is not at all responsible for any act of Advertiser/s listed at awmh.in (Ad works Media House ).
LIMITATION OF LIABILITY:
IN NO EVENT SHALL awmh.in (Ad works Media House ) BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF awmh.in (Ad works Media House ) ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. awmh.in (Ad works Media House ) DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA.
THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES:
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Media, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Media. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Media . We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Media.
MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Media. awmh.in (Ad works Media House ) may make improvements and/or changes in the products, services and/or programs described in these Media and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Media . However, anyone using the Media agrees that awmh.in (Ad works Media House ) may monitor the Media contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Media properly or to protect itself and its users. awmh.in (Ad works Media House ) reserves the right to modify, reject or eliminate any material residing on or transmitted to its Media that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
DELETIONS FROM SERVICE:
awmh.in (Ad works Media House ) will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to “opt-out” of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. awmh.in (Ad works Media House ) reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of awmh.in (Ad works Media House ), may be, defamatory, infringing or violate of applicable law. awmh.in (Ad works Media House ) reserves the right to exclude Material from the Media. Materials submitted to awmh.in (Ad works Media House ) for publication on the Media may be edited for length, clarity and/or consistency with awmh.in (Ad works Media House ) ‘s editorial standards.
INDEMNIFICATION:
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
MISCELLANEOUS:
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and awmh.in (Ad works Media House ). awmh.in (Ad works Media House ) reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. awmh.in (Ad works Media House ) reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: (Ad works Media House ) , Chintamani , shop no -07 –kalyanshill road , Dombivli (E) 421201 Thane –Maharashtra .
Our Role:
We are not a party to any transactions with Retailers, and are not the seller or supplier of any of the goods or services that they make available. Thus, we do not have any of the legal obligations that apply to the sellers of those goods or services.
Accordingly, we have no control over or responsibility for:
- the quality, safety, or legality of those goods or services available from Retailers; or
- whether the Retailer can or will supply and pass good title to any goods or services.
Members should exercise no lesser degree of caution in entering into transactions with Retailers than they would when entering into a similar transaction offline. To the extent that the Applicable Law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with Retailers, including (without limitation) all claims and demands relating to uncompleted or completed transactions with Retailers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Retailers.
Force Majeure.
In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys’ fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.
Telephone Conversations.
All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Mumbai, India.
DATA DISCLAIMER:
You warrant and represent that your use of this Website and any data and content contained therein will comply with all applicable state and federal laws, regulations, and guidelines.
In addition, your use of this Website or any Third Party Site linked to this Website and your reliance on any data or information contained therein shall be at your sole risk. The data and information is provided on an “AS IS WHERE IS BASIS” on the data when the products or services are purchased from the Website of the Company. We can make no guarantees as to the quality, accuracy, completeness, or up-to-date nature of the data. All map-related data is provided for your information purposes only. You should exercise reasonable discretion in your use of all content.
We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that it will meet all of your needs. We can make no warranties regarding the information or contents of any Third Party Sites linked to this Website, or with respect to any decision to enter into a business relationship with such third parties. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free, accurate, and complete data and information.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS ON THE WEBSITE CAN OR WILL BE CORRECTED. YOU ASSUME ALL RISK OF LOSS OR DAMAGE TO YOUR COMPUTER EQUIPMENT.
Release of Claims
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, directors, licensors, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to the Website. In addition, you expressly waive and relinquish any and all rights which you may have had under any other statute or common law principle of similar effect, to the fullest extent permitted by law.
Personal Information and Privacy
Personal information you provide to the company through the Service is governed by the policies framed by the Company from time-to-time. Your election to use the Service indicates your acceptance of the terms of the Company as mentioned herein. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your Account and you agree to inform us immediately of any unauthorized use of your Account by email to data@awmh.in (Ad works Media House ) . We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
Communications:
The Service may include certain communications from the Company, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Suspension and Termination:
We may suspend your Account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Termination of Account will include denial of access to all Services, deletion of your Account information such as your e-mail ID and Password and deletion of all data in your Account.
Contact Information:
The Information has not been obtained directly from the data subjects and the data subjects have not opted in or otherwise expressly consented to having their information sold for marketing purposes. awmh.in represents that the Information has been collected in accordance with applicable local, state, federal or international laws, rules or regulations related to the collection of Contact Information. awmh.in does not guarantee that the Information meets the requirements of any applicable local, state, federal or international law, rule or regulation related to the usage of “Contact Information” (e.g. names, phone and facsimile numbers, wireless devices, e-mail addresses and physical addresses), including, but not limited to, wireless suppression lists, wireless domain lists, commercial e-mail laws, telemarketing laws and “Do-Not-Call” lists. awmh.in (Ad works Media House) shall not be liable for any damages, losses, costs, claims or expenses with respect to any Data Privacy legal or compliance violation arising out of or related to your use or any related parties’ use of Information licensed under this Order. You will use the Contact Information only in compliance with all applicable local, state, federal and international laws, rules, regulations and requirements, including, but not limited to, those laws and regulations regarding telemarketing, customer solicitation (including fax advertising, wireless advertising and e-mail solicitation), data protection and privacy. You shall use good faith efforts to communicate to awmh.in (Ad works Media House ) all complaints, inquiries and opt-outs (“Requests”) made by any Data Subject with respect to the Information. “Data Subject” shall mean an individual person who is the subject of, represented within or identifiable by the Information. Please note all the logins are non-cancellable/non-refundable after activation.
Riders pertaining to Purchase of Data and Payment to be made :
You agree and confirm to the following in respect of the Purchase of Data that you would make at our Website (Ad works Media House ).xom
(a) The Data would be given in excel format only.
(b) No requests would be entertained, to provide the Data purchased, in any other format.
(c) The Data purchased would be delivered online only. No physical copy of the Data would be provided nor should any request be made pertaining to the same.
(d) You should report any problems pertaining to non delivery, within 48 hrs from the time you have been communicated about the delivery of the Data.
(e) There would no exchange made once the Data purchased has been delivered online.
You agree and confirm to the following in respect of the Payment you would make at our Website in respect of the Data purchased from us:
(a) The payment would be made within 48 hrs from placing an order of purchase.
(b) In case the payments are being made by Credit Card or Debit Card then You agree and confirm, the same belongs to you and you are the sole owner or Authorised person to use such Credit Card or Debit Card.
(c) In case you would be making payments through cash, then you would be solely responsible to ensure that we finally receive the amount from you.
(d) You agree and confirm that the Company would not be delivering the Data purchased unless the payment is made by you and approved by us within the time limit that was intimated to you.
(e) You agree and confirm that the Company does not do any verification or authentication of the Data sold through the website.
Miscellaneous:
You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement between you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.
A Definitions and Acceptance of the Terms and Conditions
1. AD Works Media HOUSE (“AWMH”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to:
- print advertisements in the Coupon King booklet
- online advertisements on www.awmh.in and its sub domin (the “Website”); and
(together “Advertisements”).
3. By placing an order, the “Advertiser” (which is the person bidding for or placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
B Content and Delivery of Advertisements
4. Materials for any Advertisement (whether print or digital) must adhere to AWMH technical specifications and be delivered to AWMH within the applicable timeframes, each as set out here. When AWMH builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements set out in AWMH Digital Advertising Production Format Guide here.
5. AWMH may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. AWMH may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Newspapers or the Website. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by AWMH does not mean that AWMH accepts the Advertisement has been provided in accordance with these Terms or that AWMH has waived its rights under these Terms.
7. The Advertiser guarantees to AWMH that:
- any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
- the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
- the Advertisement will not be prejudicial to the image or reputation of AWMH or the Website or the Newspapers, and will not contain anything with AWMH in good faith considers to be offensive or otherwise inappropriate;
- all digital Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website; and
8. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with AWMH and the Advertiser will compensate AWMH for any claim made by such advertiser against AWMH.
C Payment
9. All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the rate card on the date of publication. AWMH may change its rates at any time by publishing the modified rates here. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
10. All sums payable to AWMH should be made in accordance with AWMH Financial Terms & Conditions which are: Unless a customer has applied for and been accepted as a credit account customer, AWMH will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. Customers wishing to apply for a credit account must complete a Credit Application Form which is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms. AWMH standard payment terms are cleared funds 28 days from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the due date. AWMH reserve the right to charge interest on late payment at 4% above the Bank of England base rate.
D Online Advertisements
11. The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by AWMH applicable third party provider will be final and binding.
12. AWMH cannot guarantee the number of impressions. In the event the number of impressions served during the campaign period .
13. AWMH agrees that all Advertisements will be targeted at individuals in the UK unless otherwise agreed in writing between the parties at the time of booking.
14. Where non-kdmc targeting is required, AWMH will endeavour to target the Advertisement at individuals in the geo-location specified at the time of booking.
15. The Advertiser guarantees to AWMH that any landing page and/or destination site linked to from the Advertisements (“Advertiser’s Site”) will (i) be legal, decent, honest and truthful, (ii) not be contrary to the provisions of any applicable law, regulation or code of practice (including the CAP Code), (iii) not be libellous or obscene, (iv) not infringe the rights of any person (including any person’s intellectual property rights); (v) not be prejudicial to the image or reputation of AWMH or the Website or the Newspapers; (vi) be free from viruses, adware, malware, and/or bit torrents, (vii) not cause an adverse effect on the operation of the Website, and (viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.
16. To the extent that AWMH sets cookies on the devices of users of the Advertiser’s Site(s) or uses any other data collecting technology (such as pixels, tags, javascript, or other code, including the tags of third party service providers) for the purpose of tracking impressions and related data (“Advertiser Data”), Advertiser shall ensure that it has a lawful basis for the use of such data collecting technology and the collection of Advertiser Data from visitors to the Advertisers Site(s) and that the Advertiser and the Advertiser’s Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice.
17. AWMH and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by AWMH will be treated as the confidential information of the Advertiser and will not be disclosed by AWMH to any third party (other than AWMH service providers for the purpose of AWMH complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
18. In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
AWMH +
19. AWMH does not guarantee that Advertisements booked will appear on any particular Website and/or that impressions will be spread evenly across any particular websites. Furthermore, AWMH does not guarantee that inventory meeting any criteria selected by the Advertiser will necessarily be available nor that it will be available in the volume desired by Advertiser.
F Brand Safety
20. The Advertiser may implement its own brand safety measures and site filters in addition to the default brand safety measures provided by AWMH. Any such additional brand safety measures and filters implemented by the Advertiser shall operate by blocking the relevant Advertisement from appearing on the relevant site after it has been served by AWMH and will therefore not affect the number of impressions deemed to have been served in any campaign period.
Liability of AWMH
30. AWMH accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to AWMH or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to AWMH.
31. AWMH shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
33. AWMH will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
34. AWMH cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of AWMH. However, AWMH will use reasonable efforts to comply with the wishes of the Advertiser.
36. If the Advertisement as reproduced by AWMH contains a substantial error solely due to a mistake on AWMH part, AWMH shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. AWMH shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform AWMH of any errors and provide any necessary assistance to AWMH to prevent a repeat of the error.
37. AWMH shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by AWMH and the Advertiser, and AWMH maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
38. In respect of Advertisements on the Website, AWMH does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this (except for websites booked through Guardian+ over which AWMH has no control). In addition, AWMH will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Website and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of AWMH.
40. For the avoidance of doubt, nothing in these Terms will limit or exclude AWMH responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
41. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
J Liability of the Advertiser
42. The Advertiser will fully indemnify AWMH from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by AWMH in accordance with these Terms.
K Rights
43. AWMH owns the copyright in all Advertisements written or designed by it or on its behalf.
44. The Advertiser grants AWMH the right (free of charge) to:
- use such of the Advertiser’s names, trade marks and/or logos as AWMH may consider necessary for the purposes of publishing the Advertisements;
- reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Newspapers for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or booklet will be subject to variation at AWMH sole discretion.
L Cancellation policy
46. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, AWMH may treat the order as cancelled.
M General
47. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
48. If AWMH fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
49. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
50. These Terms are the entire agreement between the Advertiser and AWMH in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both AWMH and the Advertiser.
51. These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click through agreement). To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
Event Participant Terms and Conditions
These terms and conditions (the “Terms”), apply to all Participants at Events (in each case as defined below). Your attendance at an Event indicates your agreement to these Terms.
1. Definitions
In these Terms the following capitalised words and expressions have the meanings set out against them below:
“we/us/our/Awmh”: Ad works Media house or any other of Awmh Institutional Investor PLC’s Group Companies.
“Ancillary Event”: any excursion or event, including, for example, a field trip, networking event, tour of production facilities, site visit, boat trip, aircraft ride, or any other excursion which is arranged by Awmh for Participants at an Event.
“Ancillary Terms”: any supplementary terms and conditions which may be applicable to an Ancillary Event.
“Business Day”: a day, not including a Saturday or Sunday, when ordinary banks.
“Content”: materials, data, information and products provided by Awmh or its event partners at, relating to or forming part of the Event.
“Event”: an event operated by or on behalf of Awmh including a conference, exhibition, convention, congress, summit, seminar, webinar, meeting, workshop, award dinner, public training, private or bespoke training, Ancillary Events and Online Events.
“Event Confirmation”: our written (including digital) confirmation of your registration for a place at that Event.
“Event Dates”: the dates on which the Event is scheduled to take place.
“Event Marks”: trademarks and service marks owned by or licensed to Awmh relating to the Event.
“Event Sponsor”: a person or company which has entered into a sponsorship agreement with Awmh or its partners in relation to an Event.
“Event Venue”: the venue at which a physical Event is held.
“Fee”: the fee payable by a Participant (or Sponsor on behalf of a Participant) in order to attend an Event.
“Intellectual Property Rights”: patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights.
“Losses”: actions, damages, claims, liabilities, costs, losses and expenses (including, without limitation, reasonable legal fees).
“Online Event”: an online, virtual or non-physical conference, exhibition, convention, congress, summit, seminar, webinar, meeting, workshop, award dinner, public training, private or bespoke training or other event.
“Online Event Platform”: any website, platform, forum or other online environment used by Awmh for the purposes of hosting an Online Event.
“Online Event Platform Terms”: any additional terms and conditions applicable to registration to and/or attendance at an Event on an Online Event Platform.
“Participant/You/Your”: an individual who attends an Event in any capacity other than as a representative of Awmh or of the Event Venue or Online Event Platform.
“Registration Details”: the personal data provided by Participants when they register to attend an Event.
“Software”: the online software applications made available for access or download from our or our supplier’s or event partner’s websites in relation to any Event or Content.
“Sponsor Delegate”: a Participant who attends an Event on behalf of or using an invite provided by an Event Sponsor using a delegate pass (including digital) issued to the Event Sponsor as part of the agreed sponsorship package, and any reference in these Terms to Participant shall include Sponsor Delegates unless expressly stated otherwise.
2. Registration for Events
2.1 Validly registering for an Event shall entitle you to admittance to that Event as a Participant, subject to these Terms. Any optional extras may incur an additional cost to the basic registration fee.
2.2 The Registration Details of each Participant must be registered (whether in their personal capacity, or as a representative of a company or other legal entity) with us not less than two Business Days before the start of the Event. We reserve the right to exclude from any Event any individual whose name does not appear on our register of Participants at the start of the Event.
2.3 If you register for an Event as a representative of a company or other organisation you confirm that you have authority to agree to these Terms on behalf of the company or other organisation. You shall also ensure Participant(s) from the company or other organisation attending the Event are made aware of and shall be bound by these Terms.
2.4 When registering for an Event, you must provide us with accurate and complete Registration Details. It is your responsibility to inform us of any changes to that information (including, without limitation, your email address) by updating your details on the relevant section of the applicable website or contacting us using the contact information provided to you in any Event Confirmation.
2.5 It is your responsibility to inform us of any special access requirements or dietary requirements at the time of registration, and in any event no later than 2 working days in advance of the Event. Any dietary requests made less than 2 Business Days before an Event may not be available.
2.6 All registrations for Events are subject to availability and to acceptance by Awmh at its absolute discretion.
2.7 Where an Event requires an event pass to enable entry, you may be required to provide evidence of your identity for your pass to be issued to you. Participants must keep their event pass on them at all times during their attendance at the Event and Awmh reserves the right to refuse entry to Participants who fail to produce a pass when requested.
2.8 If your Event pass is lost, misplaced, stolen or forgotten a replacement Event pass will only be issued to you at the sole discretion of Awmh and may be subject to purchase at the prevailing on-site Participant rate.
2.9 By attending the Event you acknowledge that photographs and filming may take place at the Event. Awmh reserves the right to use 2Event Participant T&CsV2images and videos recorded at the Event with your photograph and/or likeness in future marketing materials, including social media channels,websites, and print material, without obtaining any further approval from you or making any payment to you. If you do not wish your photograph to be taken at an Event please notify the photographer during the Event and we will use reasonable end eavours to comply with your request.
2.10 Participants must be over the age of 16.
2.11 Participants may not sell, transfer, or share their Event passes.Registered Participants may be substituted by other individuals at no extra cost by notice in writing to Awmh at any time, subject to compliance with these Terms, including (without limitation) the need for any substitute individuals to provide Registration Details at least 2 business days in advance of attending the Event and subject to screening.
2.12 All Event passes are the property of Awmh and must be returned to Awmh upon request. Attendees found wearing falsified Event passes and/or sharing or swapping Event passes shall be required to leave the Event.
3. Attendance Requirements
3.1 Each Participant shall:
(a) observe the rules, policies and procedures of the Event venue including in relation to health and safety and any reasonable instructions issued by Awmh and/or the management of the Event Venue;
(b) behave in a respectful, professional and appropriate way that does not breach the laws or regulations of their home country or of the host country or that risks bringing the Event or Awmh into disrepute;
(c) ensure they have adequate insurance for their own requirements, including personal accident and travel insurance,prior to attending any Event; and
(d) ensure they have all necessary travel documentation, including but not limited to visas and other entry permits into the country where the Event is held, and that they comply with all health formalities and any applicable laws.
3.2 You agree that your travel to and attendance at an Event is at your own risk and not the responsibility of Awmh, save as set out in clause 14. Awmh is not obliged to provide any advice or assistance relating to the obtaining of visas. Failure by any Participant to obtain a visa to attend an Event shall not entitle him or her to a refund of any Fees.
3.3 Other than Sponsors and their Participants, Participants are only permitted to conduct business within a designated exhibit space at the Event Venue. Participants observed conducting business in public spaces or in other companies’ exhibition spaces may be ejected from the Event.
4. Participant Obligations
4.1 Awmh reserves the right to refuse entry by any Participant to an Event or to remove any Participant from an Event or block them from an Online Event Platform without any liability if, in its sole discretion, it determines that such Participant’s presence or conduct could cause:
(a) Awmh, its affiliates, the Event Venue owner, the Online Event Platform or the Participant to fail to comply with applicable law, including in circumstances where the transactions or payments contemplated under these Terms are in breach of, or otherwise targeted by Sanctions or other laws;
(b) Awmh to breach any term, warranty, condition or other provision of any contract or undertaking to which Awmh and/or any of its affiliates is or becomes a party; or
(c) disruption at the Event, threaten the safety (including online) of other attendees or hinder the enjoyment of the Event by other attendees,
without prejudice to any other rights or remedies available to Awmh.
4.2 Awmh reserves the right to recover from you any loss or damage incurred or suffered by us, the Event Venue, the Online Event Platform or any other Participants as a result of your conduct at the Event or failure to comply with these Terms. In such circumstances, a Participant shall not be entitled to a refund of any Fees.
5. Fees
5.1 Payment in full of any applicable Fees for the Event is due upon registration. If such payment is insufficient or declined for any reason, Awmh may refuse entry to the Event.
5.2 Fees for Online Events or any Event with an online element are quoted inclusive of any applicable value added tax (VAT) or similar sales tax. Fees for physical Events are quoted exclusive of any applicable value added tax (VAT) or similar sales tax. If VAT or other sales tax is chargeable, Participants shall be required to pay to Awmh such additional amounts in respect of such tax as are chargeable in relation to the Fee.
5.3 Fee schedule rates are valid at the time of completion of registration provided that they are paid in full before the applicable expiration date. If the Fee for a completed registration is not paid in full before the next fee schedule comes into force, you will be charged a Fee calculated in accordance with the prevailing Fee schedule at the date of payment.
5.4 All Fees shall be paid in full without any set-off, counterclaim, deduction or withholding (other than as may be required by law).
6. Intellectual Property Rights
6.1 All Intellectual Property Rights in and to Events and in the Content relating to Events are the property of Awmh or its third party content providers. We may provide a licence to third parties, including Event Sponsors, to use the Content at our sole discretion.
6.2 Participants may use the Content solely for their own personal use and benefit and not for resale, distribution or other commercial purposes.
6.3 The Event Marks may not be used without Awmh’s prior written permission.
6.4 Any request for permission to republish, reprint or use for any other purpose any of the Content or Event Marks should be sent by email to the Event contact as described in your Event Confirmation.
6.5 The Software belongs to Awmh or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software and you must not install or use any Software unless you agree to the terms of such licence agreement.
7. Technical Support for Online Events
7.1 You are responsible for procuring the necessary equipment and the payment of any charges necessary to access and/or use any Events or Content (where applicable). Awmh is not responsible for the reliability or continued availability or speed or quality of the telephone or internet lines and/or equipment that you use to access and/or use any Event or Content.
7.2 In relation to any Events which require on-line internet access, such as webinars, forums, online or virtual Events, it is your responsibility to ensure that your systems are compatible with our technology or the technology of our Online Event Platform prior to registering for such an Event.
7.3 Awmh is not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility of our technology with your systems. Similarly, we are not liable or responsible for any delay, disruption or disturbance in the operation of the internet or problems caused by your internet service provider or for any telecommunications failures which are beyond our control. Access to on-line Content may not be available as a result of downtime for repairs, maintenance and/or repairs to Awmh’s websites, Online Event Platforms and systems.
8. Access to Online Events
8.1 Participants who register for Online Events, or Events which otherwise grant access to online Content shall be given user names and passwords, as appropriate for the relevant Event. Attendance at an Online Event may be subject to additional Online Event Platform Terms. By attending an Online Event you are deemed to accept any such additional Online Event Platform Terms.
8.2 Except to the extent that a user name and password is expressly intended for more than one person as confirmed by us in writing, Participants are not permitted:
(a) to share user name and password details with any other person(s) (including for the avoidance of doubt, any other colleague, employee, partner, director, agent or representative of the Participant or your company); or
(b) to make their user names and passwords available to multiple users on a network.
8.3 Participants are responsible for all access to any Event, Online Event Platform and/or use of any Content by them or anyone else using their user names and passwords and for preventing unauthorised use of any such user names and passwords. If you believe there has been any breach of security (such as the disclosure, theft or unauthorised use of any user name, password or any payment information), you must notify us immediately by emailing the support contact in your Event Confirmation.
8.4 An Online Event may include discussion groups, virtual meeting rooms and other forums (“Interactive Areas”) enabling interaction between Participants and Sponsors. We do not control and are not responsible for information and/or materials posted to Interactive Areas by Participants or Sponsors (“User-Generated Content”) and cannot guarantee the veracity or accuracy of any such User-Generated Content. All use of the Interactive Areas is at your risk and you should not rely on User-Generated Content in any way.
8.5 You hereby grant Awmh a non-exclusive, perpetual, royalty-free licence to use, reproduce, modify and/or sub-license all or any part of the User-Generated Content posted by you or any of your representatives. Awmh may, without notice to you or any third party, delete, move or edit any such User-Generated Content or part of it. To the extent permitted under applicable law, you hereby waive all moral rights or rights of a similar nature in any jurisdiction in any User-Generated Content.
8.6 You are responsible for the content of the User-Generated Content which you contribute and must comply with the restrictions set out below when publishing it. We are under no obligation to monitor User Generated Content.
8.7 You may not, within the Interactive Areas post, publish, link to, upload, download, send, distribute, use or re-use any information or material which: (a) is obtained in breach of confidence or which contains confidential information or infringes any intellectual property rights or rights of privacy or other rights of any third party; (b) is offensive, threatening, abusive, indecent, defamatory, obscene; (c) is unlawful; (d) constitutes unsolicited advertising or promotional material of any type; (e) constitutes or contains a virus or other harmful component or malware; or (e) which is or could be taken to be the provision of advice (including, without limitation, investment advice).
8.8 You may not use any Interactive Area: (a) for any unlawful purpose; (b) to impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same; or (c) to collect, store, disclose or otherwise process any personal data in relation to your use of any Interactive Area without the express consent of the relevant individual.
8.9 You agree to reimburse us for any losses, damages, costs and expenses which we may incur as a result of your publication of User-Generated Content.
9. Ancillary Events
9.1 Awmh may offer Participants the opportunity to attend an Ancillary Event, in which case specific Ancillary Terms may apply. Such Ancillary Terms shall be contained in the materials provided to you when you register to attend an Ancillary Event and shall apply in addition to these Terms.
9.2 If there is any inconsistency between these Terms and any applicable Ancillary Terms, the Ancillary Terms shall take precedence in relation to the Ancillary Events.
10. Changes to Event
Although Awmh’s Event programmes are correct at the time of publication, we may exchange the format, Content, venue, speakers, hosts, moderators and/or timing of an Event, including a change from a physical Event to an Online Event. Awmh shall use its reasonable endeavours to notify all Participants of any such changes prior to an Event.
11. Cancellation and Substitution
11.1 All cancellations by Participants must be received in writing no later than 28 days before the first day of the Event for a full refund of Participant Fees paid, less a 10% administration charge (or such other charge as shall be specified in the Content provided to Participants upon registration for the Event). We cannot accept verbal cancellations. Participants whose cancellations are received after this deadline shall be liable for the full Fee. Participants may nominate a substitute to attend an Event in his or her place, subject to clause 11.2 and their agreement and compliance with these Terms.
11.2 Notifications of cancellations and substitutions should be sent in writing to the Awmh contact designated in the Event Confirmation as soon as possible (and in any event at least two Business Days before the Event). Registration details for any substitute must be received by Awmh at least two Business Days before the Event.
11.3 We may in exceptional circumstances need to cancel or postpone an Event, in which case we shall notify you as soon as reasonably practicable. In the event of cancellation, subject to clause 13, we shall issue Participants with a full refund of relevant Fees paid by you. In the event of postponement, we shall offer you the option to re-register for the rescheduled Event or, subject to clause 13, issue you a full refund of relevant Fees paid by you. Our liability to you as a result of any cancellation or postponement of an Event shall be limited to the amount of Fees which you have paid to us for that Event only and we shall not be liable for any additional Losses incurred by you as a result of such cancellation or postponement.
11.4 Refunds shall be issued back to the debit/credit card used for payment or by bank transfer. Refunds back to debit or credit card can only be processed within 60 days of the original transaction date. Refunds for earlier transactions must be processed by bank transfer.
12. Data Processing
12.1 In this clause 12 the terms “personal data”, and “processing” shall have the meanings ascribed to them under the Data Protection Laws.
12.2 Awmh shall:
(a) comply with all applicable requirements of the Data Protection Laws; and
(b) process any personal data which it obtains or holds in relation to a Participant under or in relation to these Terms only for the purposes of carrying out its obligations under these Terms.
12.3 We shall use your personal data for the purpose of providing services in relation to Events, including, but not limited to Event registration, communications, Event access, dining, administration (including before, after and during the Event), invoicing and payment, delegate lists, post-Event feedback, quality checks, Participant verification (including for sanctions and trade control purposes), research and polling.
12.4 In order to fulfil our obligations to you in relation to the Event, we may share relevant personal data with presenters, Event venue management, the Online Event Platform, trainers, organisers, print houses, finance partners, connected communities, faculties, committees, Event service providers and external delivery partners.
12.5 Registration Details of Participants will be added to our official Participant networking tool, which enables Participants to contact each other and to view the list of Participants at an Event. If you do not want your Registration Details to be included in the relevant networking tool, please email the event contact listed in the Event Confirmation at least two Business Days before the start of the Event.
12.6 For more information about our data protection policy please go to our Privacy Policy at https://www.awmhplc.com/privacy-notice
13. Force Majeure
13.1 In this clause, “Force Majeure” means circumstances which are beyond our reasonable control and which are reasonably likely to affect the successful delivery of the Event or would make it inadvisable, impracticable, illegal, or impossible for us to host the Event or perform our obligations under these Terms, including circumstances, which directly affect the Participants in their home countries resulting in a material percentage of the Participants being reasonably likely to be prevented from attending the Event.
13.2 If, as a result of Force Majeure, Awmh cancels the Event, Awmh shall use its reasonable endeavours to either (a) reschedule the Event; or (b) switch the Event from a physical Event to an Online Event, in each case to take place within two months of the original Event Dates.
13.3 If Awmh is unable to reschedule the Event in accordance with clause 13.2, it shall refund the Participant Fees as soon as reasonably practicable and in any event within 60 days from the date of notice of cancellation.
13.4 Without prejudice to Awmh’s obligation to refund any Fees to Participants, Awmh accepts no liability and shall pay no compensation where the performance of its obligations is made impracticable, illegal or impossible by or as a result of Force Majeure.
14. Limitation of liability
14.1 Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
14.2 You agree that your access to any Event and your use of any of the Content is at your sole risk and responsibility and acknowledge that all Content is provided “as is” and “as available”. The Content is made available for your general information and any advice, opinion, statement or other information forming part of the Content is not intended for trading or to address your particular requirements. The Content does not constitute any form of advice, recommendation or arrangement by us (including, without limitation, investment advice or an offer or solicitation to buy or sell any security, financial product or other investment) and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision.
14.3 Except as expressly stated in this Agreement, the Sponsor makes any express or implied warranty or representation in connection with the Event.
14.4 Subject to clause 14.1, we shall not be liable, whether based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in relation to these Terms, for any indirect or consequential losses.
14.5 Subject to clause 14.1, Awmh’s total liability to you, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to these Terms shall not exceed the total amount of the Fees paid or payable under these Terms.
15. Anti-Bribery & Corruption
15.1 You undertake that you shall comply with any applicable Anti-Bribery Legislation.
15.2 You undertake that you will not, directly or indirectly pay, offer, give or promise to pay or authorise the payment of any monies or other items of value to:
(a) an official or employee of a government department, agency or instrumentality, state-owned or controlled enterprise or public international organisation;
(b) any other person at the suggestion, request or direction or for the benefit of any of the above-described persons,
if any such payment, offer, act or authorisation is for purposes of influencing official actions or decisions or securing any improper advantage in order to obtain or retain business, or engaging in acts or transactions otherwise in violation of the Anti-Bribery Legislation.
15.3 You undertake that neither you nor, so far as you are aware, any agents or other persons acting on your behalf has directly or indirectly:
(a) violated or is in violation of any applicable Anti-Bribery Legislation;
(b) made, offered to make, promised to make or authorized the payment or giving of, directly or indirectly, any bribe, rebate, payoff, influence payment, kickback or other payment or gift of money or anything of value (including meals or entertainment) to any officer, employee or ceremonial office holder of any government or instrumentality thereof, any political party or supra-national organization (such as the United Nations), any political candidate, any royal family member or any other person who is connected or associated personally with any of the foregoing that is prohibited under any applicable law or regulation or otherwise for the purpose of influencing any act or decision of such payee in their official capacity, inducing such payee to do or omit to do any act in violation of their lawful duty, securing any improper advantage or inducing such payee to use their influence with a government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality (“Prohibited Payments”); or
(c) been subject to any investigation by any governmental entity with regard to any actual or alleged Prohibited Payment.
16. Trade Sanctions
16.1 Neither you, nor, so far as you are aware, any agents or other persons acting on your behalf:
(a) is listed on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”) or any similar list maintained by the United Nations, the European Union, or any other relevant governmental entity;
(b) directly or indirectly, has conducted, conducts or is otherwise involved with any business with or involving any government (or any sub-division thereof), or any person, entity or project, targeted by, or located in any country that is the subject of, any of the sanctions administered by OFAC or any equivalent sanctions or measures imposed by the United Nations, the European Union or any other relevant governmental entity (collectively “Sanctions”);
(c) directly or indirectly supports or facilitates, or plans to support or facilitate or otherwise become involved with, any such person, government, entity or project; or
(d) is or ever has been in violation of or subject to an investigation relating to Sanctions.
16.2 Each Participant shall ensure they are legally entitled to attend the Event and by attending each Participant warrants that they are not the subject of any Sanctions or trade controls or other restrictions that mean they should not attend.
17. Assignment
17.1 We may, without your consent, assign, sub-contract or transfer any and all of our rights and obligations under these Terms to any Group Company or any entity which acquires a substantial part of the assets of our business.
17.2 Without prejudice to clause 17.1, we may sub-contract delivery of an Event to any Group Company which operates the business relating to the relevant information, publication or data product forming part of that Event.
17.3 You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written consent.
18. Amendment
We may make amendments to these Terms from time to time. Any such amendments shall be posted on the Event website. Amendments will be effective immediately on the amended Terms being posted on the Event website and you will be deemed to have accepted them if you attend the Event. If you do not wish to accept them, you must cancel your attendance in accordance with clause 11 of these Terms.
19. Entire Agreement
These Terms together with the Privacy Policy and any Ancillary Event terms and application or registration form (where relevant) state the entire agreement and understanding between you and Awmh relating to your attendance at the Event and supersedes all previous terms, communications and discussions whether written or oral relating to that subject matter.
20 Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws courts of Mumbai / India shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.