1.PREAMBLE SUMMARY. Welcome to Chittoo Tech., d/b/a Chittoo ("Chittoo"). Please read these terms and conditions of use ("Terms") carefully before using the Site or any Applications (as defined below) or services available from or through it. These pages constitute the terms and conditions under which you may access Chittoo.com (the "Site") and use the information contained therein (the "Services") of the Site owned and operated by Chittoo (referred to as the "Company"). "You" are the person or entity using the Site, ordering or using Applications or described in the Site registration form.
You understand that by joining Chittoo.com, by using the Site (including any content provided therein), Services, Applications, or your account or by posting any materials on the Site, you are agreeing to be bound by these Terms. If you do not accept these Terms in their entirety, you may not access or use the Site and its Services. If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "You understand that by joining Chittoo.com, by using the Site (including any content provided therein), Services, Applications, or your account or by posting any materials on the Site, you are agreeing to be bound by these Terms. If you do not accept these Terms in their entirety, you may not access or use the Site and its Services. If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" refer herein to that business." refer herein to that business.
2.REGISTRATION AND ORDERING OBLIGATIONS. In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. In addition, you agree to update that information in order to maintain its truthfulness, accuracy and completeness. Chittoo has the right to deny you access to the Site or reject your order if your information is untrue, inaccurate or incomplete. You must be age 13 (thirteen) or older to register for the Site or to use any Applications. When entering the Site, you acknowledge that you are age 13 or older.
3.AGREEMENT TO DEAL ELECTRONICALLY. Chittoo may keep records of any type of communication conducted (information is sent or received) via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are deemed received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
4.OBLIGATIONS REGARDING YOUR PASSWORD. For certain types of features available through the Site, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up an Account. We use reasonable precautions to protect the privacy of your UserID, password, Account information and credit card information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password, Account information and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Site. You, however, are ultimately responsible for protecting your UserID, password, Account information and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (a) immediately notify Chittoo of any unauthorized use of your UserID, password or Account, or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
5. LIMITED NON-COMMERCIAL LICENSE TO USE SITE. Chittoo hereby grants you the limited right to view and use the Site only for the purposes of accessing information for resume and career purposes. Chittoo reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in the section entitled Termination or Cancellation of Site Access; Modifications to Site and Application. This license is limited to personal and noncommercial uses by you. Any rights not expressly granted to you herein are reserved to Chittoo. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from Chittoo, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
6. SUMMARY DESCRIPTION OF RESUME SERVICES. Chittoo offers you (“the user”) three (3) different resumes services on the site “Chittoo”). After you click on the 'Order Now' link on the website, Chittoo will provide you a form (referred to as Form A hereafter) to submit your details including a place to upload your CV/Resume. The CV/Resume uploaded by you in Form A will be referred to as 'current CV' hereafter:
This plan ("Plan 1") is a paid service plan that includes formatting and editing of your current CV. For this service the content will be picked from your current CV and formatted, edited and corrected by Team Chittoo. The formatting,editing and correction will be done by Team Chittoo to the best of their judgement and abilities and Team Chittoo will have the full right and discretion to decide on what constitutes a formatted,edited and corrected CV/Resume. Plan 1 will be delivered to you in 3 working days and will be emailed to the email address provided by you in Form A – in both MS Word (DOC) and PDF formats.
7. SATISFACTION GUARANTEE AND REFUND POLICY. The paid services of Chittoo are not obligatory and are not required in order to use the Site or any Application thereof. You may, at your own discretion, freely choose to enter into a paid services arrangement with one or both of the paid resume services listed herein and detailed below. There is no trial or grace period after purchasing professional paid services. Notwithstanding, your satisfaction is assured with a 100% money back guarantee if you become a paying customer of Chittoo.
7.1 How the Guarantee Works:
If for whatever reason you are not satisfied with Chittoo’s professional resume writing services, and to avail yourself of Chittoo’s money-back guarantee (to make it applicable), you must notify Chittoo within 72 hours of receiving your newly written [first draft] resume at contact@chittoo.com. This email must include: (1) your Order ID; (2) problem areas – the stated reason(s) for your dissatisfaction, and; (3) your suggested remedy (hereinafter referred to as “Notification Statement”).
If after multiple iterations you are still unsatisfied and want your money returned, Chittoo will submit your resume to our managing editors for a goodwill determination on the validity and bona fide nature of your request. Should your refund request found to be legitimate, we will refund your money. Return of payment will be made within seven (7) business days. Delaying the 72-hour notice period and omitting the Notification Statement will nullify your respective refund opportunity stated herein.
8. OBLIGATIONS OF MEMBERS. The Site may allow users to upload, post, and/or distribute user-submitted content, and use of the Site for this purpose is subject to the following conditions:
8.1. You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not Chittoo, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.
8.2. You shall not upload, distribute through or otherwise publish through the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
8.3. Your Materials, user name and/or screen name will not disparage in any manner Chittoo, its Licensors, or their Applications, products, or services and sites. Should we find that you have produced such Materials, your account will be deactivated immediately and Chittoo reserves the right to pursue legal action against you.
8.4. We care deeply about the quality of service we provide to our members. To this end, we request that you respect all of our members. This includes, but is not limited to: (a) Agreeing not to SPAM any member, (b) Not creating resumes or applying for jobs that you are not suitable for, or (c) Posting irrelevant content on any part of the website.
8.5. Should Chittoo find, from employer feedback, recruiter feedback, Site statistics, and other information, that you have violated these Terms in any way, or repeatedly used the Site and its Services inappropriately, you may, at Chittoo's discretion, be denied access to the Site and its Services and incur legal action against you.
8.6. You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Site. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
8.7. Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
8.8. You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
8.9. YOU ACKNOWLEDGE THAT Chittoo DOES NOT PRESCREEN ANY MATERIALS POSTED BY YOU OR OTHER USERS, BUT THAT Chittoo AND ITS DESIGNEES SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE OR REMOVE ANY MATERIALS. WITHOUT LIMITATION, Chittoo AND ITS DESIGNEES SHALL HAVE THE RIGHT [AT THEIR OWN DISCRETION] TO REMOVE ANY MATERIALS THAT VIOLATE THE TERMS OR IS OTHERWISE OBJECTIONABLE, AS WELL AS DENY YOU ACCESS TO THE SITE. Chittoo may establish practices and limits concerning the use of the Site and Applications, including the maximum disk space that will be allotted to your use. You agree that Chittoo has no liability or responsibility for the storage or deletion of any Materials that you submit or post. Chittoo reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
9 LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS. Chittoo may offer you the ability to use certain applications, services or software, and content for use therewith, either at no charge or for a small fee (such applications, services, software and any related content provided by Chittoo or its licensors is referred to herein collectively as "Applications"). For example, Chittoo may provide chat areas, bulletin boards, e-mail functions, and software that allow you to download specific content from the Sites to your computer. Without limiting your obligations and restrictions described in the section entitled Limited Non-Commercial License To Use Site, your limited license to the Applications is subject to the following conditions:
9.1. The Applications that are made available to you are the copyrighted work of Chittoo and/or its suppliers. The use of each Application is governed by the end user license agreement ("EULA") that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and these Terms. In the event that no EULA accompanies the Application, then the Terms shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and these Terms. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that Chittoo shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
9.2. Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any Indian or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by Chittoo are reserved to Chittoo.
9.3. Chittoo may cease support of any Application at any time in its sole discretion, as further described in the section entitled Termination Or Cancellation Of Site Access; Modifications To Site And Applications.
9.4. Applications you use or download from the Sites may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that Chittoo shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by Chittoo which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications.
10 COPYRIGHTS AND TRADEMARKS. EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER Chittoo, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU. The trademarks, service marks and logos used and displayed on the Site are Chittoo’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Chittoo is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of Chittoo, or its affiliates, that may be referred to on the Site are the property of Chittoo, or one of its affiliates. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Chittoo aggressively enforces its intellectual property rights. Neither the name of Chittoo, its affiliates, nor any of Chittoo's other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without Chittoo’s prior written permission, except that a third party website that desires to link to the Site and that complies with the requirements of the Section entitled "Links From Third Party Sites" may use the name "Chittoo" in or as part of that link. Chittoo will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by Chittoo. Accordingly no such content or Applications may be used on another web site without express written permission from Chittoo. It is our policy not to permit materials known by us to be infringing to remain on the Site. If you believe that any content on the Site infringes your copyright, please contact Chittoo's copyright agent, who can be reached as follows:
By Email:
contact@chittoo.com
Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered); (b) the location of the allegedly infringing material on the Site, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner's behalf; (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law). Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Chittoo will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
11 PRIVACY ON CHITTOO. Chittoo respects your right to privacy and understands that visitors to Company need to be in control of their personal information. To that end Company has developed a Privacy Policy, and you should review it carefully before using the Site. Your use of the Site is your consent to the Privacy Policy and the use and transfers of your personal information solely in accordance with the Privacy Policy, as updated from time to time. Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information. If we learn that a user under the age of thirteen (13) is publicly posting or sharing personally identifiable information on or through the Site, then we will block that user from accessing these areas of the Site.
12 SUBMITTING MATERIALS AND FEEDBACK. Unless you enter into a separate written agreement with Chittoo, Chittoo does not claim ownership in Materials you submit, however, by submitting Materials in any form to Chittoo, in addition to other provisions of the Terms, you automatically grant Company a royalty-free, world-wide, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials on any website operated by, and in any related marketing materials produced by, Chittoo and its affiliates. You obtain no rights in any form, media, or technology incorporating the Materials.
13 INDEMNITY. You agree to indemnify and hold Chittoo, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorney’s fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
14 DISCLAIMER OF WARRANTIES . EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND Chittoo, THE SITE, SERVICES, MATERIALS AND APPLICATIONS ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Chittoo PROVIDES THE SITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, ANY APPLICATIONS OR ANY SERVICES OFFERED ON THE SITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. Chittoo HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, MATERIALS AND APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT; AVAILABILITY OF THE SITE, SERVICES, MATERIALS AND APPLICATIONS; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION AVAILABLE ON THE SITE OR THROUGH THE SERVICES (INCLUDING ANY COMMUNICATIONS BETWEEN YOU AND A POTENTIAL EMPLOYEE OR EMPLOYER) OR WHETHER THE USE OF THE SITE, SERVICES, MATERIALS AND/OR APPLICATIONS WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, SERVICES, MATERIALS OR APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, SERVICES, MATERIALS AND/OR APPLICATIONS, AND ANY RELATED INFORMATION IS BORNE BY YOU. Chittoo DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Chittoo WILL HAVE ADEQUATE CAPACITY FOR THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Chittoo WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
15 ASSUMPTION OF RISKS. YOU AGREE TO ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN EMAIL EXCHANGES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT Chittoo, SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
16 NO DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER Chittoo NOR ANY OF Chittoo'S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS AND/OR SUPPLIERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY, INCLUDING, BUT NOT LIMITED TO, ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) WHATSOEVER THAT MAY ARISE OUT OF OR BE RELATED TO THE SITE, SERVICES, MATERIALS AND/OR APPLICATIONS AND/OR ANY RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF Chittoo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Chittoo WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
17 LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY Chittoo, OR ANY OF Chittoo'S, AFFILIATES OR AGENTS SHALL BE, AT Chittoo'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON Chittoo; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO Chittoo YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18 YOUR REPRESENTATIONS AND WARRANTIES. You represent and warrant for the benefit of Chittoo, Chittoo's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold Chittoo (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).
19 LINKS TO THIRD PARTY SITES. The Site contains links to third party sites that are not under the control of Chittoo and Chittoo is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Company provides links only as a convenience and the inclusion of the link does not imply that Company endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
20 LINKS FROM THIRD PARTY SITES. If a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Chittoo. In most cases, Chittoo is not even aware that a third party has linked to the Site. A third party website that links to the Site: (a) may link to, but not replicate, Chittoo’s content, (b) may not create a browser, border environment or frame Chittoo’s content, (c) may not imply that Chittoo is endorsing it or its products or services, (d) may not misrepresent its relationship with Chittoo, (e) may not present false or misleading information about Chittoo’s Applications or Services, (f) should not include content that could be construed as distasteful, offensive or controversial, and (g) should contain only content that is appropriate for all age groups.
21 INTERNATIONAL USAGE. This Site is controlled and operated by Chittoo from its offices within the Republic of India. Chittoo makes no representation that the Site, Applications, Services, or any related information offered by Chittoo are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Applications or Services on the Site in violation of Indian export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of India and the country in which you reside (if different from the Republic of India).
22 OWNERSHIP. The Site, Applications, and related information are the exclusive property of Chittoo or its suppliers. All rights not licensed herein are hereby reserved to Chittoo or its suppliers.
23 TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS. If you violate these Terms, Chittoo may terminate or cancel your access rights to the Site and/or Applications immediately without notice. Chittoo may also block your use of the Site and/or Applications or direct you to cease using it. Chittoo reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that Chittoo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.
24 GOVERNING LAW; EXCLUSIVE JURISDICTION. This Agreement is entered into in the Territory of Delhi and shall be governed by and construed in accordance with the laws of the Territory of Delhi, India, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of New Delhi, India for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
For the purpose of this provision, "Chittoo" means Chittoo and its parents, subsidiaries and affiliated companies, and each of their respective officers, directors, employees and agents. The term "Dispute" means any dispute, claim, or controversy between you and Chittoo regarding any aspect of your relationship with Chittoo, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision. "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Chittoo's licensors, suppliers, dealers, or third party vendors) whenever you also assert claims against us in the same proceeding.
If you have a Dispute with Chittoo, you must first give us an opportunity to resolve the Dispute before filing a claim (or any other legal proceeding). Most problems that users encounter can be resolved quickly and to a user's satisfaction by contacting us at. You do that by sending a notice to contact@chittoo.com. That notice must include (1) your name, (2) your address, telephone number, and e-mail address (if not apparent from the sent email), (3) a description of your claim, and (4) a description of the specific relief you are asking for. If Chittoo does not resolve the Dispute within 45 days after it receives your notice, you may pursue your dispute.
25 ENTIRE AGREEMENT. These Terms, as amended, your registration forms, and the disclosures provided by Chittoo and the consents provided by you, constitute the entire agreement between you and Chittoo. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Chittoo's failure to act with respect to a breach by you or others does not waive Chittoo's right to act with respect to subsequent or similar breaches. Chittoo reserves the right in its sole discretion to terminate the use of the Site by a user at any time.
26 AMENDMENTS. You agree that Chittoo may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from Chittoo to you as published through the Site or by email. Any use of the Site by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by Chittoo and by you.
27 TRANSFERS.Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Site with his or her UserID and password. Your rights and obligations under these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but Chittoo may transfer its rights and obligations hereunder without restriction.
28 NOTICES.Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to Chittoo by postal mail or courier to: Madhulata Infotech Pvt Ltd., d/b/a Chittoo; C-41, New Ashok Nagar, New Delhi, Delhi 110096; India, or as to a successor address that Chittoo makes available on the Site or through other reasonable manner. If applicable law requires that Company accepts email notices (but not otherwise), then you may send Chittoo email notice using Chittoo's FAQ form or mailto: contact@chittoo.com. With respect to Company's notices to you, Company may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, Chittoo may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.
29 CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Site. By submitting information through the Site, you agree that the information submitted will be subject to Chittoo's Privacy Policy.
30 YOUR CONSENT TO THESE TERMS. By accessing and using the Site, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Site.
31 QUESTIONS OR COMMENTS. If you have additional questions or comments of any kind, or if you see anything on the Site that you think is inappropriate, please let us know by sending your comments to:
By Email:
contact@chittoo.com