Terms of Use

Last Modified November 7, 2011

PriceCheckIndia.com, including its successors and assigns, ("PriceCheckIndia") operates the PriceCheckIndia Internet shopping sites (including, without limitation, www.PriceCheckIndia.com) and certain co-branded versions of its site under contract other third parties (collectively, the "Site"). You may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers ("Licensors") as stipulated on applicable pages of the Site, which you accept by your use of the Site. PriceCheckIndia, reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. Any such modifications to the Terms of Use and Privacy Statement shall be effective within forty-eight (48) hours of being posted on the Site unless otherwise stated by PriceCheckIndia, in writing. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of the Site following PriceCheckIndia’s posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.

LICENSE AND SITE ACCESS

PriceCheckIndia grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, other than to purchase items from third-party merchants accessible via links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by Indian copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of PriceCheckIndia. Any unauthorized use shall immediately terminate the licenses and rights granted by PriceCheckIndia and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray PriceCheckIndia, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any PriceCheckIndia, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of PriceCheckIndia, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable). PriceCheckIndia does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within PriceCheckIndia’s control.

CONTENT

PriceCheckIndia provides a number of different services to assist you in comparison shopping for products and services on the Site. PriceCheckIndia is paid by merchants or other third parties for listing products and services on the Site and for promotions such as featured merchants, featured products and showcases.

CONTENT SUBMISSION

By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights there to or have the appropriate license and sublicense rights from the owner, and you grant PriceCheckIndia a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to PriceCheckIndia to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of PriceCheckIndia, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. PriceCheckIndia reserves the right to change, condense or delete any content on the Site that PriceCheckIndia deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. You agree that you shall not post or provide any information to/for the Sites: that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy); that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that seeks to obtain a commercial advantage; that includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files. In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify PriceCheckIndia (among others) for the content you submit as set forth in the indemnity section, below. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on PriceCheckIndia's computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without PriceCheckIndia's prior written consent.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold PriceCheckIndia, its subsidiaries, affiliates, co-brand partners, and other parties with which PriceCheckIndia is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and Privacy Statement and/or Member Agreement, and/or resulting from any and all content you submit to PriceCheckIndia and/or the Site. PriceCheckIndia shall provide notice to you of any such claim, suit or proceeding.

GOVERNING LAW

These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the India, without regard to principles of conflicts or choice of law. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the Indian Arbitration Association then in force.

GENERAL

If any provision of these Terms of Use and Privacy Statement or the Member Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Member Agreement and all agreements and notices incorporated herein may be automatically assigned by PriceCheckIndia, in our sole discretion, to a third party. You may not assign your obligations to any other entity.

Copyrights and Trademarks

All content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by PriceCheckIndia and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and PriceCheckIndia has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent to: contact@PriceCheckIndia.com. PriceCheckIndia, and PriceCheckIndia.com are registered trademarks of PriceCheckIndia, and the PriceCheckIndia.com logo, and "Bound to get you the best deal" are trademarks of PriceCheckIndia. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the PriceCheckIndia trademarks, are protected by Indian laws, including without limitation its laws on trademark and unfair competition, and may also be protected by the laws in other countries. Copyright © 2011 PriceCheckIndia.com All rights reserved.