This document is an electronic record in terms of Information Technology Act, 2000, allied Rules and Applicable Laws. This electronic record is generated by a Computer System and does not require any physical or Digital Signatures.
The User must be at least 13 years of age to be eligible and competent to use the Nowandme Website and by indicating the User’s acceptance as above, the User has represented and confirmed as such.
User is responsible for maintaining the necessary confidentiality, secrecy, security and integrity of his/her account and password and for restricting access to his/her Computer, Computer System or Mobile Device. User agrees that he/she is responsible for all activities that occur under his/her account or password, including all activities that occur under any user name he/she grants access to his/her account. User will ensure that all users granted access to his/her account comply with these Terms and any non disclosure agreement User enters into with us. If the User makes changes to his/her settings or user permissions within the Portal, it may take some time for our system to process the change and User acknowledges that those changes may not take effect immediately.
Nowandme reserves the right, at all times, to disclose any information that is necessary or required under any Applicable Law, regulation, legal process or governmental request, or to otherwise edit, use, refuse to post or to remove any information or materials, in whole or in part, in Nowandme’s sole discretion and the User shall not be entitled to call the same into question or object thereto.
Nowandme takes no responsibility for the proper functioning or connectivity or reliability or availability of any networks or servers, or any communications that occur over such networks and servers. Nowandme makes no representations or warranties as to the interoperability of Nowandme.com with any network or servers. The User acknowledges that Nowandme shall not be responsible or liable to the User or to any third party as a result of any networks or servers failing to perform in the manner intended or on account, failure of Nowandme.com to properly operate with the network or servers or in the event of any errors occurring on the networks or servers of the User as a result of his/her use of Nowandme.com.
Materials uploaded to or by means of a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. The User is solely responsible at all times for ensuring adherence to such limitations for downloading the materials.
Nowandme shall not be responsible for verifying the accuracy or authenticity or completeness or sufficiency or appropriation s of any personal information provided by the User in the event of any emergencies, incidents and communications. Nowandme shall not be responsible or liable for any failure resulting out of any inaccuracy or incompleteness or insufficiency of the information provided by the User.
The User acknowledges that Nowandme may communicate with the User primarily via email or by posting notices on the Portal. User agrees that all agreements, notices, disclosures and any other communications that Nowandme provide to him/her electronically satisfy any legal requirements that such communications be in writing. To the maximum extent permitted by applicable law, Nowandme may monitor any electronic communications User makes in connection with the Portal and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring User’s compliance with this Agreement, and protecting the rights, property, and interests of Nowandme or any third party.
Except to the extent stated herein, Membership of Nowandme.com is currently free for Users. Nowandme.com does not charge any fee for using the website. Nowandme reserves the right to change its Fee Policy from time to time. In particular, Nowandme may, at its sole discretion, introduce new services and modify some or all of the existing services offered on Nowandme.com. In such an event Nowandme reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website or communicated via email and such changes shall automatically become effective immediately upon being posted on the Website or communicated otherwise. Unless otherwise stated, all fees shall be quoted in Indian Rupees. User shall be solely responsible for compliance of all Applicable Laws including those in India for making payments towards the Fees.
Copyright and Trademark of Nowandme- Unless expressly otherwise stated herein, the User acknowledges and understands that Nowandme.com owns or licenses all content on the Nowandme Website, including software, text, visual and audio content and such like (referred to together as "Content") and Nowandme trademarks, logos, and brand elements and such like (referred to as "Marks") and the User represents and assures that he/she shall not do or cause to be done, anything that may be inconsistent with or violative of rights of Nowandme in or to such Content or Marks. The Content and Marks are protected under Applicable Laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners and User accordingly represents and assures that he/she shall not do or cause to be done anything that may be inconsistent with or violative of such third party rights. Any rights not expressly granted herein are reserved.
Infringers- Nowandme respects the intellectual property rights, if any, of its Users. User may notify Nowandme in writing, by email or mail to our designated agent listed below, if the User believes that another User of Nowandme.com has infringed their intellectual property rights. The User acknowledges and agrees that upon receipt and notice of a claim of infringement, Nowandme may immediately remove the identified materials from Nowandme.com without liability. In such a case however, the User at whose notification or request any disputed material is removed from Nowandme.com shall be liable to save, protect, hold harmless and indemnify Nowandme from and against any liability, action, claim, demand, notices, costs, expenses, penalties, fines, proceedings etc that may arise in connection with such removal of the material from Nowandme.com.
To be effective the notification must include:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; identification of the allegedly infringing material and information reasonably sufficient to permit Nowandme to identify, trace and locate the material on the Nowandme.com; information reasonably sufficient to permit Nowandme to contact the User, such as an address, telephone number, and, if available, an email address; a statement by User that he/she has good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by User, made under penalty of perjury, that the above information in User’s notification is accurate and that User is the copyright owner or authorized to act on the copyright owner's behalf; User’s physical or electronic signature; and a clear statement by the User to the effect that the User undertakes to indemnify Nowandme from and against any and all consequences of any reliance placed or act done by Nowandme on the basis of the above said statements of the User with regard to disputed infringement.
Counter-Notice by Accused User- In case Nowandme removes any content, personal information or profile of any User deactivates, disables or terminates any Accused User’s account due to suspicion of copyright infringement on the basis of information received from User as above, the Accused User may dispute his/her responsibility for or otherwise the alleged infringement itself by sending a written communication by email or mail to the designated agent of Nowandme as below. [ email@example.com ] That written communication must include the following: Accused User’s physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the Accused User has good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Accused User’s name, address, and telephone number, and a statement that the User consents to his/her submission to the jurisdiction of the competent Court as provided for hereunder and that the User will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
The User must send all notices under the above copyright infringement policies by email or mail to the following designated Nowandme’s agent for receipt of notifications of claimed infringement:
Now and me Attn: Copyright firstname.lastname@example.org
Contact us via web form www.nowandme.com/contact
Repeat Infringers- Without prejudice to any rights that Nowandme may have under these Terms of and under the Applicable Laws, User’s account shall be terminated forthwith and without notice if, in the opinion of Nowandme, such User is determined to be a repeat infringer. Repeat infringers are Users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
By using Nowandme.com, the User acknowledges that he/she understands and agrees that to the maximum extent permitted by applicable law, the services of Nowandme.com are provided on an "as is" and "as available" basis without warranty or condition of any kind, express or implied. Nowandme and/or its agents or contractors hereby disclaim all warranties and conditions with respect to the services available at nowandme.com, including all implied warranties, guarantees or conditions of use, fitness for a particular purpose, title, non-infringement, and absence of errors, bugs, viruses, mechanisms, processes which may disable, damage or interfere with computer systems or networks used by the User to install, access or use Nowandme.com hereunder.
Nowandme reserves the right, at all times to terminate access of the User to Nowandme.com at any time, in its sole discretion, and without prior notice. No reason is required to be provided by Nowandme for such termination. The User may terminate this Agreement by ceasing to use the Nowandme.com.
Nowandme prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area and encourages and requests all Users to report any violations of its Policy and/or related conditions to Nowandme for review:
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
Nowandme may consider the circumstances of an alleged policy violation and the user's records before taking action.
Violations of this policy may result in a range of actions, including:
Prosecution under Applicable Law.
USER GRIEVANCE REDRESSAL MECHANISM: Any User who has any reasonable concerns with regard to Nowandme.com is advised to immediately and by all means within 48 hours from the date of such concern write to the designated User Grievance Redressal Cell at [email@example.com] The User Grievance Redressal Cell shall endeavour to respond to the User within 10 working days or such further reasonable period notified by the User Grievance Redressal Cell to the User.
Nowandme shall not be liable for any defect, delay, failure or inadequate performance of Nowandme.com to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that is beyond the reasonable control of Nowandme.In any such event, (a) Nowandme shall provide a written notice to the User within 7 working days of the force majeure event coming into its knowledge, and (b) the User may immediately terminate this Agreement any time between the notification of the first force majeure event and thirty days after it receives such notice in subsection (a) in the event the force majeure event does not cease within 10 days from the date of the said notice.
In no event will Nowandme be liable to USER or any party for, without limitation, any loss of use; interruption of business; or any direct; indirect; special; incidental; exemplary or punitive or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract; tort (including negligence); strict product liability or otherwise; whether arising out of the use or inability to use nowandme.com(including but not limited to loss of data or data being rendered inaccurate), even if Nowandme has been advised of the possibility of such damages.
Any delay, omission, forbearance or failure on part of Nowandme to enforce any part or provision of this Agreement shall not constitute a waiver under any circumstances.
Notwithstanding that any part or provision of this Agreement is held or declared to be invalid and/or unenforceable by a competent court of law, the rest of the Agreement will remain in full force and effect.
The Parties hereto are independent contractors, and this Agreement is not intended to create an agency, partnership or joint venture.
Nothing in this Agreement will limit either party's ability to seek equitable relief.
I have read and understood the above said terms and conditions and agree to the same.
I am confirming my acceptance as a User;