Terms And Conditions

IMPORTANT: YOU ARE ADVISED NOT TO USE THIS SERVICE UNTIL YOU HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS:.

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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or usage of www.nowandme.com website.

1. CONTRACTUAL TERMS

These Terms of Use (which together with all Schedules hereto shall be referred to hereinafter as “Terms”), once accepted, shall constitute a legally binding and valid agreement between www.nowandme.com (referred to as “Nowandme” hereinafter) and yourself (the “User”), an individual, from within any country in the world and shall determine and govern the access of the User to and use of the nowandme.com,. This Agreement is effective as on the date that the User confirms acceptance of the Terms hereof and any accompanying Terms by clicking ‘Accept’ button or, where applicable, the date on which this Agreement is countersigned (the “Effective Date”).

BY INDICATING ACCEPTANCE BY CLICKING ON THE ACCEPT BUTTON BELOW, OR BY ACCESSING, OR USING NOWANDME.COM, USER REPRESENTS THAT HE/SHE IS ELIGIBLE AND COMPETENT IN FACT AND LAW AS WELL AS IN TERMS HEREOF AND IS NOT OTHERWISE DISQUALIFIED FOR ANY REASON WHATSOEVER TO USE NOWANDME.COM AND AGREES TO BE BOUND BY THESE TERMS OF USE.

2. GENERAL TERMS

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.

For purposes of these Terms of Use, the words "he", "she", “his”, “her” or other like terms shall refer to the User who is (1) party to these Terms of Use by virtue of having confirmed acceptance in the manner specified above and consequently uses the Nowandme website. Accordingly, the User represents and warrants for himself or herself, that he or she is fully competent under these Terms of Use and under Applicable Laws to enter into and to be bound by these Terms of Use and to comply with these Terms of Use.

The User’s access to and use of the Nowandme website constitutes the User’s agreement to be bound by these Terms, which establish a contractual relationship between the User and Nowandme. At any time following registration of the User, if the User does not agree to these Terms, the User shall not access or use the Nowandme website and this Agreement shall be deemed to stand terminated forthwith without anything furthermore except as regards anything, action or deed done prior to such termination Any use or attempt to use the Nowandme.com following such termination should be wrongful and is liable to be dealt with in accordance with law. Unless specified expressly to the contrary, these Terms expressly supersede any and all prior agreements or arrangements with the User. The User acknowledges and agrees that Nowandme may immediately terminate these Terms with respect to the User, or generally cease offering or deny access to the Nowandme.com or any portion thereof, at any time for any reason at its sole discretion and the User shall have no objection thereto nor claim or assert any right, entitlement or expectation concerning continuity of Nowandme.com or uninterrupted access thereto. At all times, the Privacy policy and these Terms of Use along with any other document or terms accompanying the same or notified to be related thereto are to be read conjointly and collectively and shall constitute but one Agreement.

3. CHANGES TO THESE TERMS OF USE

At its sole discretion, Nowandme and its administration reserves the right to add, amend, revise, alter or change in whatsoever manner or form deemed fit these Terms of Use at any time, including but not limited to any or all conditions of use as well as charges associated with the use of Nowandme.com, if any. Nowandme may, without however being obligated to do so, notify such changes as may be considered necessary by posting the revised Terms of Use at www.nowandme.com/terms. It shall be the User’s responsibility at all times to ensure that he/she is aware of the current Terms of Use while using Nowandme.com. Where any changes are made to these Terms of Use, such changes shall be effective immediately unless otherwise expressly stated. By continuing to use Nowandme.com, the User agrees to confirm his/her acceptance in advance to any revisions that may be effected to these Terms of Use. Provided that the User shall be at liberty to signify non acceptance of any revisions by ceasing to use Nowandme.com forthwith.

4. USER ACCOUNT; CHANGES TO ACCOUNT SETTINGS; USER PERMISSIONS

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.

5. USER OBLIGATIONS:

As a condition precedent for the use of Nowandme.com at all times, the User warrants that the use of Nowandme.com shall not be for any purpose that is unlawful, illegal, immoral or otherwise prohibited by Applicable Laws or these Terms of Use. The User shall not use Nowandme.com in any manner that could damage, disable, hinder, inhibit, or impair the Nowandme Portal or interfere with any other party's use and enjoyment of Nowandme.com. The User shall not obtain or attempt to obtain any material or information by any means not intended to be made available or not provided through Nowandme.com.

Nowandme.com may contain SMS based communications, data sync service, application download services, chat support services, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable the User to communicate with Nowandme, other Users of Nowandme, or the public at large (collectively referred to as "Communication Services"). The User agrees to use the Communication Services only to post, send and receive messages and materials that are appropriate, allowed and permissible under the present Terms of Use and do not violate or offend any Applicable Laws and these Terms of Use or Privacy Policy.

The User warrants and undertakes to report any misuse, misappropriation, unauthorized access, unauthorized usage, theft or any such incidents that the User is aware of in relation to Nowandme.com immediately to Nowandme and failure to do so shall render the User solely responsible and liable for any consequences arising out of or in relation to the same. The User agrees that he/ she shall access and use Nowandme.com strictly in accordance with these Terms of Use and in line with Applicable Laws at all times. The User further agrees that he/she shall host, display, upload, modify, publish, transmit, update or share any information that:

  • Belongs to another person/User and to which the User does not have any right to;Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful;, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;Harms minors in any way
  • Harms minors in any way
  • Infringes any patent, trademark, copyright or other proprietary rights;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee about the origin of such messages or communicates ay information which is grossly offensive in nature;
  • Impersonate another person;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
  • Is opposed to the law of land of the nation where the User resides.

6. DISCLAIMER

Nowandme shall be entitled to investigate and prosecute, or caused to be investigated and/or prosecuted, any acts or omissions on part of the Users that are reasonably suspected to constitute violations of any of the above stated obligations to the fullest extent permitted by the law. Nowandme may involve and cooperate with the concerned law enforcement authorities in prosecuting Users who violate these Terms of Use read with the Privacy Policy and User Agreement.

There is no obligation on Nowandme to monitor the Communication Services. However, Nowandme reserves the right to review materials posted to a Communication Service or its use and to remove any materials at its sole discretion at any time and the User shall not be entitled to call the same into question or object thereto. Nowandme reserves the right to suspend or terminate the access of the User who is suspected or found to have violated User Obligations under these Terms of Use or any or all of the Communication Services at any time without notice and the User shall not be entitled to call the same into question or object thereto.

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.

7. COMMUNICATIONS MONITORING

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.

8. CHARGES

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.

9. NON-DISCLOSURE

Nowandme does not claim ownership of the materials provided to Nowandme or posted, uploaded, inputted or submitted to Nowandme.com including pictures, location, personal details, feedback and suggestions ("Submissions"). Except as may be otherwise be expressly stated, Nowandme further warrants that no Submissions provided to Nowandme shall be disclosed to any third party except in such cases where the User has explicitly authorized, requested, permitted Nowandme to do the same or where required by Applicable Laws or governmental or judicial orders. The Privacy policy of Nowandme further describes and explains the conditions regarding collection, usage and disclosure of information collected or provided by the User.

10. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

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. [ info.nowandme@gmail.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 info.nowandme@gmail.com
Or
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.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

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.

12. INDEMNIFICATION

The User agrees to indemnify and defend Nowandme(including its directors, officers, personnel, stakeholders, members) and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, charges, fines, penalties, actions, demands, proceedings, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including Submissions) that the User or anyone using User’s account submit, post, or transmit through the Nowandme.com; (b) the use of the Nowandme.com by the User or anyone using User’s account; (c) the violation of these Terms of Use by User or anyone using the User’s account; (d) Nowandme’s Submissions; or (e) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by the User or anyone using User’s account; (f) any wrongful, false, incorrect, misleading, incomplete, infringing information that is provided by the User; (g) any act of omission or commission of the User (including, where applicable, the User’s parent or legal guardian). Nowandme reserves the right, at its own expense, to assume that the exclusive defense and control of any matter is subject to indemnification by the User. If Nowandme does assume the defense of such a matter, the User will reasonably cooperate with Nowandme in such defense.

13. TERMINATION/ACCESS RESTRICTION

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.

14. PROFANITY POLICY

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:

  • Report offensive Display Names;
  • Report offensive language in a blog/discussion board/comment board or otherwise.

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:

Account suspension;

Account termination;

Prosecution under Applicable Law.

15. PRIVACY

Nowandme respects privacy of the User at all times. The User is advised to read the Privacy Policy of Nowandme.com that explains how Nowandme collects, uses, and discloses information about the User.

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 [info@nowandme.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.

16. NOTICES

The User agrees that with respect any written notice which Nowandme is required or permitted to give to the User in connection with these Terms of Use, such notice shall be deemed to have been effectively given immediately upon electronic transmission of such notice to the email address of the User set forth in their account information.

Except as otherwise expressly provided herein, all notices and communications to be addressed to Nowandme with regard to these Terms of Use or the accompanying Privacy Policy shall be in writing and are to be addressed to the following address:

Email: info.nowandme@gmail.com

17. FORCE MAJEURE

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.

18. LIMITATION OF LIABILITY

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.

19. NO WAIVER.

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.

20. SEVERABILITY.

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.

21. NO AGENCY.

The Parties hereto are independent contractors, and this Agreement is not intended to create an agency, partnership or joint venture.

22. EQUITABLE RELIEF.

Nothing in this Agreement will limit either party's ability to seek equitable relief.

23. MISCELLANEOUS

These Terms of Use shall be governed by the laws of the Republic of India without regard to its conflicts of laws principles. The User hereby consents to the exclusive jurisdiction of competent Courts located at New Delhi, India with regard to all disputes arising out of or relating to the use of Nowandme.com or these Terms of Use and Privacy Policy including their interpretation, applicability, scope, implementation, enforcement and the User hereby waives any right to claim that such courts constitute an inconvenient forum for such disputes. Use of Nowandme.com is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. Nowandme's performance of these Terms of Use is subject to Applicable Laws, as amended from time to time, and legal processes, and nothing contained in these Terms of Use is in derogation of Nowandme's right to comply with governmental, court and law enforcement requests or requirements relating to the User’s use of Nowandme.com or information provided to or gathered by Nowandme.com with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use together with the Privacy Policy constitutes the entire agreement between the User and Nowandme.com with respect and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Nowandme with respect to the Nowandme.com

Please print a copy of these Terms OF USE for your records and PLEASE check the Site frequently for any changes to these Terms of use.

The provisions hereof are to be read in conjunction with the Privacy Policy.

24. CONFIRMATION

I have read and understood the above said terms and conditions and agree to the same.

I am confirming my acceptance as a User;

I confirm that I have attained the age 13 or more in accordance with Terms of Use of Nowandme.com. I wish to be bound by the above and use Nowandme.com.

A copy of the Terms of Use and of this Confirmation may be sent to my email address for reference.

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