Definitions
“The Association” means the Beverly Park-1 Condominium (hereinafter referred to as Beverly Park-1) registered with District Registrar of Firms & Societies, Gurgaon in the state of Haryana, India vide registration no HR-018-2013-00813 dated 15th day of July month in the calendar year 2013.
“The Board” refers to the Board of Managers; the governing body of Beverly Park-1 duly registered and approved by District Registrar of Firms & Societies, Gurgaon in the state of Haryana, India.
“User” or “You” means any person who accesses the Site or avails the Service of the Association.
“The Site” means the website www.beverlypark1.in which is built and managed by Beverly Park-1.
“The Service” means the delivery of the content via any mobile or Internet connected device or otherwise.
Purpose of “Terms of Use”
These Terms of Use (Terms) constitute a legally binding agreement between You and the Association regarding your use of the web site i.e. www.beverlypark1.in (hereinafter referred to as “the Site”) and any services offered by the Association including but not limited to delivery of content of the Site, via any mobile or internet connected device or otherwise (hereinafter referred to as "the Service").
By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Association that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians.
Changes
The Association may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. The Association reserves the right to suspend, cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.
Charges
The Association reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Beverly Park-1, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Beverly Park-1; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be defended and pursued to the fullest extent permitted by law.
No Permission to Copy
The Site prohibits the use of Right Click function and thereby disables the user from copying of any content.
The Association grants you permission to only access the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on The Association’s Site / Service, or any portion of it.
The Association forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission from the Board of Beverly Park-1.
Individual Registration, Access and Exchange of Information
For certain services such as email, social media, personal web pages, contests; registration by the visitor is required. To register for these services you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following:- Any other person sharing your account and Password; Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Association as users of the Site; or Access through a single account and Password being made available to multiple users on a network.
If the Association reasonably believe that an account and Password is being used / misused in any manner, the Association shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Association immediately of any unauthorized use of your account or any other breach of security. The Association will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by the Association or another party due to someone else using your account or password.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any of the network on which the Associations’ site is hosted or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
User Conduct and Obligations
You hereby agree and assure the Association that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Service:
1. post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
2. delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
3. not use the Site / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Association’s server, or the network(s), computer systems / resource connected to any the Association’s server, or interfere with any other party's use and enjoyment of the Site/Service;
4. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
5. engage in any activity that causes / may harm minors; or
6. perform any activity which is likely to cause such harm;
7. impersonate any person or entity, including, but not limited to, the Association’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. take any action which encourages or consists of any threat of harm of any kind to any person or property;
9. carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or;
10. make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, Social Media or other Internet Forum;
11. use the Site/Service for illegal purposes;
12. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Association’s website or the website of any the Association’s members;
13. transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
14. collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
15. engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet
16. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
17. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.
18. encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
19. make any representation or warranty on behalf of the Association. You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to:
20. infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
21. right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;
22. any confidentiality obligation
Limitations of Liabilities
Under No circumstances will the Association be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability 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 or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that the Association is not responsible for any content sent using and/or included in the Association's site/service by any third party.
Termination of Account
The Association reserves its right to refuse service, restrict, suspend,terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Association’s Web Sites; Refuse, move or remove for any reason any Content / Image that you submit on or through the Services; Refuse, move, or remove any Content / Image that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of the Services) at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the the Association’s Web Sites will immediately cease. You can also terminate your account at any time by intimating the same to the Board of Managers, by writing to beverlypark1@yahoo.com
Disclaimer of Warranties and Liability
All warranties without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.
The Association and its affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Association’s sites/services, with the delay or inability to use the the Association's sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the the Association’s sites/services, or otherwise arising out of the use of the the Association’s sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site, shutting down of the whole or part of the Site or Services that might result in any loss of information, non retrieval or loss of data, or arising out of the inability to use any services.
Links to Other Sites
All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on "AS IS" basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain the Association's logo, please understand that it is independent from the Association, over whom the Association has no control or connection, business or otherwise as these sites are external to the Association. You agree and understand that by visiting such sites you are beyond the the Association's website. the Association, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on "as is" without warranty of any kind. the Association gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. the Association shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.
Content Submitted by Users
Certain elements of the Site will contain material submitted by users. The Association accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless the Association against all third party claims, demands and actions brought against the Association which arises from or relates to the material submitted by you.
Due credits are given to person(s) who have submitted content for the Site or the Services with their names mentioned in respective areas of the Site.
Data Protection
The Association may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, the Association reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the Association.
Further, the Association can (and you authorize the Association to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right's owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Force Majeure
The Association shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
Jurisdiction
The Agreement shall be governed by the Laws of India. The Courts of law at Gurgaon, Haryana, India shall have exclusive jurisdiction over any disputes arising under this agreement.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Limited time to bring your claim
You and the Association agree that any cause of action arising out of or related to the the Association's web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
Acceptance of Privacy Policy
By using the Association's sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of the Association sites. We reserve the right, to modify this Privacy Statement at any time.
General Terms
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Notice of Copyright Infringement
the Association is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site.
Grievance Redressal
Any complaints or concerns with regards to content and or comment or breach of these terms shall be taken up with the Board of Beverly Park-1 by writing to beverlypark1@yahoo.com.