This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of a Thowl Pvt Ltd website www.thowl.in (hereinafter referred to as “Thowl Pvt Ltd”) and services and tools are governed by the following terms and conditions as applicable to Thowl Pvt Ltd. If you transact on Thowl Pvt Ltd, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Thowl Pvt Ltd Enterprises having registered office at Office C-67/ T/F, Ganesh Nagar, Pandav Nagar Complex, East Delhi, Delhi- 110092, India. and these terms and conditions constitute your binding obligations.
For the purpose of these terms of use, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems of the Thowl Pvt Ltd.
When you use any of the services provided by the Thowl Pvt Ltd, including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Thowl Pvt Ltd reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Thowl Pvt Ltd grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Membership Eligibility
Use of the Thowl Pvt Ltd Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Thowl Pvt Ltd Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Thowl Pvt Ltd and shall not transact or use Thowl Pvt Ltd website. As a minor if you wish to use or transact on Thowl Pvt Ltd, such use or transaction may be made by your legal guardian or parents who have registered as users of the Thowl Pvt Ltd. Thowl Pvt Ltd reserves the right to terminate your membership and refuse to provide you with access to the Thowl Pvt Ltd if it is brought to Thowl Pvt Ltd’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If you use Thowl Pvt Ltd, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Thowl Pvt Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Thowl Pvt Ltd has the right to indefinitely suspend or terminate or block access of your membership with Thowl Pvt Ltd and refuse to provide you with access to the Website.
Communications
When You use the Website or send emails or other data, information or communication to Thowl Pvt Ltd, You agree and understand that You are communicating with Thowl Pvt Ltd through electronic records and You consent to receive communications via electronic records from Thowl Pvt Ltd periodically and as and when required. Thowl Pvt Ltd may communicate with You by email or by such other mode of communication, electronic or otherwise.
Charges
Membership on the Thowl Pvt Ltd is free. Thowl Pvt Ltd does not charge any fee for browsing and buying on the Thowl Pvt Ltd. However Thowl Pvt Ltd reserves the right to charge fee and change its policies from time to time. In particular, Thowl Pvt Ltd may at its sole discretion introduce new services and modify some or all of the existing services offered on the Thowl Pvt Ltd. In such an event Thowl Pvt Ltd reserves, without notice to You, 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 and related policies shall automatically become effective immediately once implemented on Thowl Pvt Ltd. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Thowl Pvt Ltd.
Use of Thowl Pvt Ltd Website www.Thowl.in
You agree, undertake and confirm that your use of Thowl Pvt Ltd shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information:
(a) belongs to another person and to which You does not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) misleading in any way.
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(n) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(o) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) engages in commercial activities and/or sales without Thowl Pvt Ltd’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms of Use, Thowl Pvt Ltd “prior written consent” means a communication coming from Thowl Pvt Ltd Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
(q) solicits gambling or engages in any gambling activity which Thowl Pvt Ltd, in its sole discretion, believes is or could be construed as being illegal;
(r) interferes with another user’s use and enjoyment of the Thowl Pvt Ltd Website or any other individual’s user and enjoyment of similar services;
(s) refers to any website or URL that, in the sole discretion of Thowl Pvt Ltd, contains material that is inappropriate for the Thowl Pvt Ltd Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(t) harm minors in any way;
(u) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(v) violates any law for the time being in force;
(w) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(x) impersonate another person;
(y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(z) 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 any other nation.
(aa) shall not be false, inaccurate or misleading;
(ab) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ac) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Thowl Pvt Ltd reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of Thowl Pvt Ltd website, or any other systems or networks connected to Thowl Pvt Ltd Website or to any Thowl Pvt Ltd’s server, computer, network, or to any of the services offered on or through Thowl Pvt Ltd Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of Thowl Pvt Ltd website or any network connected to Thowl Pvt Ltd website nor breach the security or authentication measures on Thowl Pvt Ltd website or any network connected to Thowl Pvt Ltd Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Thowl Pvt Ltd Website, or any other customer of Thowl Pvt Ltd, including any Thowl Pvt Ltd account not owned by you, to its source, or exploit Thowl Pvt Ltd Website or any service or information made available or offered by or through Thowl Pvt Ltd Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Thowl Pvt Ltd Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Thowl Pvt Ltd Website or Thowl Pvt Ltd’s systems or networks, or any systems or networks connected to the Thowl Pvt Ltd.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Thowl Pvt Ltd on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Thowl Pvt Ltd or others.
Solely to enable Thowl Pvt Ltd to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Thowl Pvt Ltd will only use Your Information in accordance with the terms of use and Thowl Pvt Ltd’s Privacy Policy.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
You shall not engage in advertising to, or solicitation of, other users of Thowl Pvt Ltd to buy or sell any products or services, including, but not limited to, products or services related being displayed on Thowl Pvt Ltd or related to Thowl Pvt Ltd. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Thowl Pvt Ltd. It shall be a violation of these Terms of Use to use any information obtained from Thowl Pvt Ltd in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Thowl Pvt Ltd without Thowl Pvt Ltd’s prior explicit consent. In order to protect our users from such advertising or solicitation, Thowl Pvt Ltd reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Thowl Pvt Ltd deems appropriate in its sole discretion.12. You understand that Thowl Pvt Ltd has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Thowl Pvt Ltd Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Thowl Pvt Ltd reserves the right, but has no obligation, to monitor the materials posted on Thowl Pvt Ltd website. Thowl Pvt Ltd shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Thowl Pvt Ltd, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE THOWL PVT LTD WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of Thowl Pvt Ltd. In no event shall Thowl Pvt Ltd assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Thowl Pvt Ltd. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Thowl Pvt Ltd, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Thowl Pvt Ltd shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Thowl Pvt Ltd.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Thowl Pvt Ltd and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Thowl Pvt Ltd, and that the recipient may use such information to harass or injure you. Thowl Pvt Ltd does not approve of such unauthorized uses but by using the Thowl Pvt Ltd Website you acknowledge and agree that Thowl Pvt Ltd is not responsible for the use of any personal information that you publicly disclose or share with others on Thowl Pvt Ltd. Please carefully select the type of information that you publicly disclose or share with others on Thowl Pvt Ltd.
Thowl.in shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
