Birbal - Terms of Service

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These Terms of Service ("Terms") are a contract between you and Collabor (the creators of Birbal). Collabor includes Collabor Inc, a US company with its registered offices at One Apple Hill Drive, #316, Natick, MA 01760 AND Collabor Software Solutions Pvt. Ltd. an Indian company with its registered office at 3 rd floor, Serene Chambers, Road No.7, Banjara Hills, Hyderabad – 500034

By using the Site you acknowledge and confirm that you have read, understand and agree to be bound by these Terms. Disclaimer
Birbal is a Search and Compare service that will link you to third party providers in different segments of business like travel, hotels, cars, buses, railways, holidays, tours, loans, insurance products, mutual funds, telecom, internet service providers, events, food, medical, etc., Birbal is also a community site where users come to write reviews, rate service providers, write diaries, upload photos, etc. While Birbal does not sell many of the products and services on this site, Birbal may represent the service providers in some cases as an agent. Birbal does not vouch for the authenticity and/or quality of the products and services searched or compared on this site. Any warranties, quality guarantees or customer support for goods or services purchased through Birbal are not in the purview of Birbal but are subject of the respective provider's terms and conditions. Birbal does not represent the authenticity of information made available by the providers nor those published by the reviewers about various products and services displayed herein.
Eligibility & Consent You agree that you are above 18 years of age if you wish to conduct a commercially valid transaction through this site.
You consent to receive information about third party offers and promotions if you opt-in to receive any of Birbal's e-mail newsletters. The product or service offered to you is conditional of your acceptance - without modification - of these Terms. Your access and use of the Birbal and any content made available through the Service constitutes your agreement to these Terms and to the Birbal Privacy and Disclaimer Policies.
Content Submitted For Inclusion On The Service

From time to time Birbal shall enable users to submit, post, exchange, transmit or make available for inclusion on areas of the Service (such as user reviews, chat rooms, or discussion forums) information, ideas, opinions, images, photos or other materials (collectively "Content").
Your Responsibilities and Your Submitted Content
You are responsible for all Content that you upload, download, post, e-mail, transmit or otherwise make available (collectively "Post") via the Service. You understand that by using the Service, you shall not post such content that is offensive, indecent or objectionable. Birbal, by default, does not screen or control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that is your responsibility to evaluate the Content and that you bear all the risks associated with using such Content.
You represent and warrant that:
(a) you own or otherwise control all of the rights to the Content that you Post;
(b) you have the full right to Post the Content on the Service;
(c) the Content is accurate and lawful in all respects; and
(d) use of the Content you Post does not violate these Terms and will not cause injury to or violate the rights of any person or entity.
Indemnity
You will be responsible for and indemnify and hold Birbal and its affiliates harmless from all losses resulting from Content you Post. Birbal takes no responsibility and assumes no liability for any Content Posted by you or any third party. Under no circumstances will Birbal be liable in any way for any Content, including without limitation, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.
Removal
Birbal retains the right, without obligation, to refuse to post or to remove Content for any reason including, without limitation, if we think that it violates these Terms or is otherwise unlawful and objectionable, as determined by us at our sole discretion. You acknowledge that Birbal does not (but may if it wishes) pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content Posted via the Service. In particular, we do not monitor the Content Posted for the purpose of identifying whether Content submitted infringes a third party's trademarks, copyrights or other intellectual property rights.
Licenses
Birbal does not own the Content you submit or make available for inclusion on the Service. However, for any Content you Post on the Service, you grant Birbal, a non-exclusive, worldwide, royalty free, perpetual, irrevocable, transferable, fully sub-licensable (through multiple tiers) right and license to use, distribute, reproduce, modify, adapt, translate, create derivative works of, publicly perform and publicly display and exercise and exploit the Content you Post on the Service and all the copyrights and other intellectual property rights you have in such Content (in whole or in part) in any way and in any format or medium now known or later developed.
Restrictions

		While using the Service, you will not:
		Use the Service to violate any applicable local, state, national or international laws, third party rights, or these Terms or our policies;
		Post Content comprised of your or anyone else's personal information (i.e. information which personally identifies you or such person such as e-mail address or phone number);
		Use the Service to collect or store personal information of others;
		Use the Service to make any speculative, false or fraudulent transaction, reservation or any reservation in anticipation of demand;
		Use the Service if you are under the age of 18 or otherwise not able to form legally binding contracts;
		Post false, inaccurate, or misleading Content (including personal information);
		Use the Service if you are temporarily or indefinitely suspended or terminated from using the Service;
		Post unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
		Use the Service to stalk, harm or harass any members of the public, including but not limited to minors, in any way;
		Post any Content or other materials on the Service that contain software viruses, worms, Trojan horses or other computer code, files, programs or other technologies that are designed to erase data or programming or otherwise cause the Service to become inoperable or to become functionally impaired;
		Post any Content or e-mail that is obscene in nature, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
		Post Content that infringes any patent, trademark, trade secret, copyright, personality right or other proprietary or intellectual property rights of Birbal or any third party or which you do not have the full rights to Post;
		Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content Posted on the Service;
		Post any Content for commercial or advertising purposes; or
		Use the Service to impersonate anyone else.

If, in our judgment, you engage in any activities which we consider to be contrary to these Terms, including engaging in any of the above-described prohibited actions, without limiting other remedies avail able to us, we may limit, suspend, or terminate your use of the Service and take any and all available technical and legal actions we deem necessary. In addition to actions that we may take, if you engage in certain of the described prohibited actions, you may be subject to state, and/or national penalties and other legal consequences under applicable law.
Intellectual Property Protection and Notice of inadvertent similarities
Birbal respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please mail immediately to governance@birbal.in
Modifications to the Service
Birbal reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. Without limiting the foregoing, Birbal may post on the Site or e-mail to you notices of changes in the Service. You agree that Birbal will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
Changes to These Terms
Birbal reserves the right to change these Terms in the future and asks that you review these Terms from time to time so that you are aware of any changes. A copy of the current Terms will be readily accessible at all times on the Birbal Web site. Your continued use of the Service following any change will be subject to the Terms in effect at the time of your use.
Termination
Birbal reserves the right, in its sole discretion, to restrict, suspend, or terminate your use of and access to all or any part of the Birbal Site and/or Service at any time and for any or no reason, with or without prior notice, and without liability.
Privacy
The Birbal Privacy Policy is available for your review on the Birbal site. You consent to the information practices and disclosures set forth in that policy, and agree that those practices are reasonable.
Copyright and Trademark Notices
All contents of the Birbal Web site are the copyright of Collabor, Inc. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners. Unauthorized use of the Service and/or the materials contained on this Web site may violate applicable copyright, trademark, service mark or other intellectual property laws or other laws. Birbal, its suppliers and licensors retain all rights, title and interest in the content on the Birbal Service. You may not use the Birbal Service or Birbal Web site for any commercial purposes, including without limitation, framing, co-branding the site (displaying or logo alongside yours) or hyperlinking to the Birbal Web site.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL BIRBAL OR ITS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF BIRBAL OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF THE SERVICE. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS DISPLAYED THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW AND EVEN IF BIRBAL OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BIRBAL'S LIABILITY TO YOU EXCEED INR 500 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF BIRBAL OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Miscellaneous
You may not assign, delegate or transfer your rights or obligations under these Terms. You will review these Terms periodically. If Birbal fails to act with respect to your breach of these Terms or anyone else's breach on any occasion, Birbal is not waiving our right to act with respect to future or similar breaches. These Terms are governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Hyderabad, Andhra Pradesh. India in all disputes arising out of or relating to the use of this Service. Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section. If any part of these Terms are 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 these Terms are shall continue in effect. These Terms (and the Privacy Policy referenced herein) constitute the entire agreement between you and the Birbal with respect to the Service and the Birbal Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Birbal with respect to the Service


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