Katyayani Game Verse Pvt. Ltd offering an online platform and mobile application i.e. Community Club / COMMUNITY CLUB that allows the Users to interact with each other for the purpose of listing their Property(s), Automobile(s), Job(s), Matrimony(s), Product(s), Service(s) and etc., but not limited, on the Web Site/Mobile App and searching for appropriate options. The Users further understand and accept that: Katyayani Game Verse Pvt. Ltd referred to herein as "Community Club" or "we" or "us" or "our" and Web Site/Mobile App collectively referred to herein as Portal or Platform or Mobile App.
You agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between us. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE COMMUNITY CLUB / COMMUNITY CLUB APPs, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE WEBSITE COMMUNITY CLUB / COMMUNITY CLUB APPs YOU ARE AGREEING TO BE BOUND BY THIS USER AGREEMENT, INCLUDING ALL AMENDMENTS MADE TO DATE.
Any person utilizing the Portal or Platform or any of its features including listing their Property(s), Automobile(s), Job(s), Matrimony(s), Product(s), Service(s) on the Web Site/Mobile App and/or searching for appropriate options. be referred to as "User" or "you" or "your" and shall be bound by these Terms of Service and our Privacy Policy. The services provided on our Portal or Platform are collectively referred to as the "Services".
Use of the Portal or Platform is subject to existing laws and legal processes. Nothing contained in this document shall limit Community Club's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of the Portal or Platform.
Introduction
Your use of the products and/or services on the Portal or Platform (hereinafter referred to as "Services") currently offered or to be offered in the future by COMMUNITY CLUB or Katyayani Game Verse Pvt. Ltd, its subsidiaries, affiliates, licensors, associates and partners (hereinafter referred as "Community Club") through the Portal or Platform [(which comprises of www.communityclub.in ( referred as "Website") and the COMMUNITY CLUB apps as and when made available (referred as "App")], are all subject to and governed by these Terms of Service, Privacy Policy, Legality sections collective or respectively for each Website and App including the sub-sections of these sections, as the case may be (hereinafter referred as "Terms").
You understand that the Terms will be binding on you. You agree that Services offered on the Portal or Platform can be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agreeing to abide by the Terms as published and periodically amended or modified by Community Club.
If any of the Terms are determined to be unlawful, invalid, void, or unenforceable for any reason by any judicial or quasi-judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent, or similar breaches.
APPLICABILITY
BEFORE REGISTERING WITH US, YOU SHOULD CAREFULLY READ AND REVIEW THESE TERMS PROVIDED BY Community Club WHICH ARE APPLICABLE TO ALL THE SERVICES ON THE PORTAL OR PLATFORM AND ALSO THE WEBSITE OR APP-SPECIFIC CONDITIONS AND RULES APPLICABLE TO THE SPECIFIC WEBSITE OR APP.
Links to the following sections of these Terms are provided below for easy access to the sections you intend to refer to. However, you should read the Terms as you will be bound by them all. Click on any of the following links to access that section directly.
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Legality
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User representations
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User Account Creation & Operation
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User Account validation and personal information verification
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User restrictions
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KYC
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Service Disruptions
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Content
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Promotions
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Loyalty Program
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License Agreement & Intellectual Property
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Voluntary termination
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User Account suspension
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Breach and consequences
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Complaints, Grievances & disputes
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Modifications and alterations
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Limitation of liability
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Disclaimer and indemnity
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Governing law, dispute resolution & jurisdiction
1. Legality
The Company “Katyayani Game Verse Pvt. Ltd” is duly incorporated in Tlangana state,India. The Company “Katyayani Game Verse Pvt. Ltd” has obtained certificate of rgistration. As per the requirement of Company registration, Katyayani Game Verse Pvt. Ltd” has Company by Laws in place.
2. User representations
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Any information provided by you to us, whether at the stage of registration or any time subsequently when demanded by us, should be complete and truthful.
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You understand and agree that you are solely responsible for all content posted, transmitted, uploaded, or otherwise made available on the Portal or Platform by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Website/Mobil App, you agree to grant us a royalty-free, world-wide, non- exclusive, perpetual, and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender, or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that we have the right to use in any manner whatsoever, all communication or feedback provided by you.
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You understand and accept that we reserve the right to record any and all user content produced by way of but not limited to chat messages on the Portal or Platform through our feature or other interactive features, if any, offered as part of the Services.
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You shall not hold us responsible for this includes but is not limited to situations where you are unable to log into your user account or make some or all transactions as your user account may be pending validation or you may be suspected or are in established violation of any of the Terms.
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You understand and accept that by viewing or using the Portal or Platform or availing of any Services, or using communication features on the Portal or Platform, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you.
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You represent, warrant and covenant that you are at least 18 years old. This Website / Community Club Apps is addressed to adults only. By using the Website / COMMUNITY CLUB Apps you agree that you are 18 years of age and older. Failure to comply with this Agreement may result in legal actions.
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You are solely responsible for any information that you display, share, comment and etc, but not limited, when using the Website / COMMUNITY CLUB Apps. You will keep all information provided to you through the Website COMMUNITY CLUB Apps as a condition to access to all users and you will not give other user's information/data, details and etc to anyone without the permission of the person who provided it to you personally or through Website COMMUNITY CLUB Apps.
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By Registering in Website / COMMUNITY CLUB Apps, you are agreed to give permission to other user to read, share, report on content posted by you and allowing users to contact you through phone, message and any other medium for further details, negotiations, transactions and etc. Further, You are solely responsible for any of such actions/deeds happened on the basis of details you provided Website / COMMUNITY CLUB Apps.
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You release us from any and all liability in connection with the use of such information by other parties, We cannot ensure the security or privacy of your information provided through the Website / COMMUNITY CLUB Apps.
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You should use caution in selecting the personal information you provide to others through the Website /COMMUNITY CLUB Apps, We are not responsible for, and cannot control, the use by others of any information which you provide to them.
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You release us from any and all liability in connection with the contents of any communications you may receive from other users, We cannot assume any responsibility for the content of messages sent by other users of the Website / COMMUNITY CLUB Apps.
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We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by you or by other users of the Website / COMMUNITY CLUB Apps. You acknowledge that you don not file any sort of legal cases on Community Club website / COMMUNITY CLUB Apps or any of its employees for any kind of damages done to you through the information you have posted/shared/commented on the Website / Community Club / COMMUNITY CLUB Apps.
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3. User Account Creation & Operation
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To use our Services, you will need to register with us on the Portal or Platform.
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By completing the online registration process on the Portal or Platform, you confirm your acceptance of the Terms.
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By registering on our Portal or Platform, you agree to receive all communication from us including promotional messages through SMS, voice call, Email, and Push Notifications.
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During the registration process, you will be required to choose a login name and a password in addition to providing some other information which may not be mandatory. Additionally, you may be required to give further personal information for your user account verification. You must give us the correct details in all fields requiring your personal information, including, without limitation, your name, postal address, email address, telephone number(s) etc. You undertake that you will update this information and keep it current.
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You acknowledge that we may, at any time, be required to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the Website.
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Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
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You understand that it is your responsibility to protect the information you provide on the Portal or Platform including but not limited to your Username, Password, PIN,Email address, Contact Details, and Mobile number. We will not ask for your user account login password which is only to be entered at the time of login. At no other time should you provide your user account information to any user logged in on the Portal or Platform or elsewhere. You undertake that you will not allow / login and then allow any other person to use from your user account using your username. You specifically understand and agree that we will not incur any liability for information provided by you to anyone which may result in your user account on the Websites being exposed or misused by any other person.
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You agree to use your user account with us, solely for the purpose intended on the Portal or Platform and for transactions which you may have to carry out in connection with availing the Services thereon. Use or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account.
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4. User Account validation and personal information verification
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COMMUNITY CLUB may from time to time attempt to validate its user accounts. These attempts may be made via a phone call or via email. In the event we are not able to get in touch with you the first time around, we will make additional attempts to establish contact with you. If the phone number and email provided by you is not correct, we bear no responsibility for the Services being interrupted due to our being unable to establish contact with you.
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If we are unable to reach you or if the validation is unsuccessful, we reserve the right to disallow you from logging into the Portal or Platform or reduce your usage limits, until we are able to satisfactorily validate your user account. We will in such events email you to notify you of the next steps regarding user account validation. We may also ask you for proof of identification and proof of address from time to time.
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Upon receipt of suitable documents, we will try our best to enable your user account at the earliest. However, it may take a few business days to reinstate your user account.
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In the event that we have made several attempts to reach out to you but have been unable to do so, we also reserve the right to permanently suspend your user account .
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The Privacy Policy of our Portal or Platform form a part of the Terms and Conditions. All personal information which is of such nature that requires protection from unauthorized dissemination shall be dealt with in the manner provided in the Privacy Policy of the Portal or Platform.
5. User restrictions
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Anti-Cheating and Anti-Collusion:
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You undertake that you shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Portal or Platform or use any third-party software that intercepts, mines or otherwise collects information from or through the Portal or Platform or through any Services. Any attempt to employ any such external assistance is strictly prohibited and you may be banned from accessing the Portal or Platform at the discretion of Community Club.
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Formation of teams for the purpose of collusion between you and any other user(s) for participating of cheating is strictly prohibited.
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Money Laundering: You are prohibited from doing any activity on the Portal or Platform that may be construed as money laundering,
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Anti-SPAMMING: Sending SPAM emails or any other form of unsolicited communication for obtaining registrations on the Portal or Platform to benefit from any of our promotional program or for any other purpose is strictly prohibited.
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Multiple IDs: Your registration on the Portal or Platform is restricted to a single user account which will be used by you to avail of the Services provided on the Portal or Platform. You are prohibited from creating or using multiple user IDs for registering on the Portal or Platform.
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You may not create a login name or password or upload, distribute, transmit, publish or post content through or on the Portal or Platform or through any service or facility including any messaging facility provided by the Website/ App, which :
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is libelous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;
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contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
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is otherwise objectionable or undesirable (whether or not unlawful);
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would constitute an incitement to commit a criminal offence;
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violates the rights of any person;
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is aimed at soliciting donations or other form of help;
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violates the intellectual property of any person;
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disparage in any manner COMMUNITY CLUB or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
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promotes a competing service or product; or
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violates any laws
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In the event we determine that the login name created by you is indecent, objectionable, offensive, or otherwise undesirable, we shall notify you of the same and you shall promptly provide us with an alternate login name so that we can change your existing login name to the new name provided by you. If you fail to provide an alternate name, we reserve the right to either permanently suspend your user account or restore your user account only after a different acceptable login name has been provided by you.
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You shall not host, intercept, emulate or redirect proprietary communication protocols, used by the Portal or Platform, if any, regardless of the method used, including protocol emulation, reverse engineering, or modification of the Portal or Platform or any files that are part of the Portal or Platform.
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You shall not frame the Portal or Platform. You may not impose editorial comments, commercial material, or any information on the Websites, alter or modify Content on the Portal or Platform, or remove, obliterate or obstruct any proprietary notices or labels.
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You shall not upload, distribute or publish through the Portal or Platform, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to us or that aids in providing the services offered by us. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Websites or not. Additionally, you shall not impersonate another person or user, attempt to get a password, other user account information, or other private information from a user, or harvest email addresses or other information.
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You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, Content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Portal or Platform.
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Any form of fraudulent activity including, attempting to use or using any other person's usernames, passwords, authorization codes, to your user account is strictly prohibited.
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Accessing or attempting to access the Services through someone else's user account is strictly prohibited.
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You shall not post any material or comment, on any media available for public access, which in our sole discretion, is defamatory or detrimental to our business interests, notwithstanding the fact that such media is not owned or controlled by us. In addition to any other action that we may take pursuant to the provision hereof, we reserve the right to remove any and all material or comments posted by you and restrict your access to any media available for public access that is either controlled or moderate by us; when in our sole opinion, any such material or comments posted by you is defamatory or detrimental to our business interests.
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Use of any automated system or software, whether operated by a third party or otherwise, to extract any data from the Portal or Platform ("screen scraping") or by use of screen recording, screenshots is strictly prohibited.
6. KYC
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As part of our e-KYC process for Financial assistance proposals scrutiny, our portal or Platform/app supports mandatory process for Users to upload documents pertaining to their AADHAR, Permanent Account Number (PAN) and bank account details.
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The e-KYC documents must be either validate or uploaded on our platform, and we do not accept submissions in any other format or process.
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User must ensure the following:
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Valid documents.
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Document must be clear, readable and legible, and shared in a jpg, jpeg, or pdf format.
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No document is password protected.
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User must access the OTPs and must give consent for verification
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e-KYC documents validation may take up to 30 (thirty) working days from the time of submission. We reserve the right to validate the e-KYC document at our sole discretion. You will be notified of the status of verification on our COMMUNITY CLUBs Platform.
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Company “Katyayani Game Verse Pvt. Ltd” will not violate any applicable law in conducting the services as per the modus operandi and subject to not violating the jurisdictions.
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As a customer due diligence identifying and verifying the customer can be undertaken by the Company “Katyayani Game Verse Pvt. Ltd”. In line with applicable RBI directions on KYC requirements for financial institutions, the Company “Katyayani Game Verse Pvt. Ltd” shall capture a clear image of the PAN card, driving license, or any other government issued identity card. The name on the document shall match with the record maintained by the Company “Katyayani Game Verse Pvt. Ltd” along with date of birth.
7. Service Disruptions
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You may face Service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Services or due to issues with the hardware and software used by you. You understand that COMMUNITY CLUB has no control over these factors. COMMUNITY CLUB shall not be responsible for any interruption in Services and you take full responsibility for any risk of loss due to Service interruptions for any such reason.
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You understand, acknowledge, and agree to the fact that if you are unable to access any services, data due to any error or omission whether or not attributable to Community Club, including technical or other glitches or for what so ever reasons,COMMUNITY CLUB has no responsibility.
You agree that under no circumstances shall you compel COMMUNITY CLUB or hold COMMUNITY CLUB liable to pay you any amount over and above the service charges if you have paid for any of the aforementioned errors/omissions of Community.
8. Content
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All content and material on the Portal or Platform including but not limited to information, images, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation and software (collectively referred to as "Content"), whether or not belonging to Community Club apps, are protected by law including applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any user may be logged/recorded by us and shall form part of Content and COMMUNITY CLUB is free to use this material in any manner whatsoever. In addition, you consent that we are entitled to display your User ID, Name, as part of any advertisement creatives independently or as a part of the list of other users.
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The Portal or Platform may contain information about or hyperlinks to third parties. In such cases, we are not responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity, or quality of the content belonging to such third party websites or apps or advertisements. If you rely on any third-party Content posted on any website or app which does not belong to Community Club apps, you may do so solely at your own risk and liability.
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If you visit any third-party website or app through a third-party content posted on the Portal or Platform, you will be subject to terms and conditions applicable to such a third-party website or app . We neither control nor are responsible for content on such third-party websites or apps. The fact of a link existing on our Portal or Platform to a third-party website or app is not an endorsement of that website or app by us. You must exercise caution when accessing external website links through our Portal or Platform.
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Community Club reserves the right to modify terms ad conditions at any time without prior intimation.
9. Promotions
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COMMUNITY CLUB offers various kinds of promotions and contests. The details of various promotions organized on the Websites/Mobile app can be found in the Promotions section on that Website/Mobil Apps. Eligibility and applicable conditions for the ongoing promotional programs are provided in the Promotions section, which form a part of the Terms. If any additional terms and conditions specific to a promotional activity are mentioned, they shall be applicable to such promotion in addition to these Terms.
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Nominal Fee amount offer is to facilitate to post your profile with minimum initial fee payment and enjoy responses for some time. This offer may be valid for limited time period or for limited number of applicants only. If user wish to do any sort of changes which includes Profile Edit, Engaged or Upgrade options, user needs to do balance payment as per user’s subscription package to get access to do changes in his Status. Further, User agreed to pay the balance amount as and when the company requests user to pay the balance either full or part payments.
10. Loyalty Program
COMMUNITY CLUB may have common or separate loyalty programs for its different Users. Details and applicable terms and conditions of our loyalty program can be accessed on the respective Help sections. Our loyalty program(s) or the terms thereof may be altered or discontinued by us at any time without any notice and without any liability on COMMUNITY CLUB whatsoever. In addition, COMMUNITY CLUB may, but will not be obligated to, run the loyalty program(s) which may entail grant of reward points or other loyalty rewards of any nature whatsoever, which may be redeemed in a manner prescribed in its terms specified thereof. COMMUNITY CLUB reserves the right at its sole discretion to terminate its loyalty program(s), if any, and revoke any unredeemed loyalty points or loyalty rewards with or without notice. COMMUNITY CLUB shall not be liable to pay any compensation for loyalty points, Bonus points, referral bonus or loyalty rewards remaining in your user account in any event whatsoever, including, without limitation, the discontinuation of such loyalty programs by Community Club.
11. License Agreement & Intellectual Property
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All Content on the Portal or Platform shall be utilized only for the purpose of availing Services in conformity with the Terms.
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You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by COMMUNITY CLUB or our licensors and that you have no right title or other interest in any such items except as expressly stated in the Terms.
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You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and using the Services and for no other purpose whatsoever.
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You shall not sublicense, assign or transfer the license granted to you, or rent or lease or part with the whole or any part of such license or of the Content included in such license.
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You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Websites in any manner other than as permitted for obtaining the Services provided on the website.
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You may not hyperlink the Portal or Platform to any other website without permission from us.
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You may access information on download and print extracts from the Portal or Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purpose unless agreed with us in writing.
12. Voluntary termination
You are free to discontinue the use of the Services at any time by intimating us of your desire to do so by sending an email to us at support@communityclub.in
13. User Account suspension
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We may suspend or otherwise put restrictions on your access to the Services on the Websites/Mobil app during investigation for any of the following reasons:
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Suspected violation of Terms or other abuse of your user account;
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Suspected breach of security of your user account; or
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If there have been charge-backs on your user account.
Our decision to suspend or restrict Service or any part thereof as we deem appropriate shall be final and binding on you.
14. Breach and consequences
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In the event of a breach of any of the Terms being evidenced from our investigation or if there is a reasonable belief, in our sole discretion, that your continued access to the Portal or Platform or any Website is detrimental to the interests of Community Club, our other users or the general public; we may in our sole discretion take any or all of the following actions:
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Restrict login access of users suspected of colluding or cheating;
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Permanently suspend your user account on the Website;
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Demand damages for breach and take appropriate civil action to recover such damages; and/or
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Initiate prosecution for violations that amount to offences in law.
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Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration on the Website.
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The decision of COMMUNITY CLUB on the action to be taken as a consequence of breach shall be final and binding on you.
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Any action taken by COMMUNITY CLUB shall be without prejudice to our other rights and remedies available in law or equity.
15. Complaints, Grievances & disputes
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If you have a complaint or concern, you should in the first instance contact the customer support team at support@communityclub.in or write to us following the procedure given in the respective Contact Us section on the relevant Websites/Apps. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint.
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You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature, or any detail of any complaint or dispute to any third party.
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COMMUNITY CLUB shall make efforts to resolve complaints within a reasonable time.
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Our decision on complaints shall be final and binding on you.
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For any grievances, you can reach out to Grievance authority at support@communityclub.in
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The name and address of the Grievance Redressal Officer is as follows:
Mr. Suresh.M
Katyayani Game Verse Pvt. Ltd,
#501, BMR Residency, Street No.3,
Kakatiya Hills, Madhapur
Hyderabad, Telangana - 500 081
16. Modifications and alterations
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We may alter or modify the Terms at any time without giving prior notice to you. We may choose to notify of some changes in the Terms either by email or by displaying a message on the Portal or Platform; however, our notification of any change shall not waive your obligation to keep yourself updated about the changes in the Terms. Your continued use of any Portal or Platform and/or any Services offered constitutes your unconditional acceptance of the modified or amended Terms.
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We may also post supplementary conditions for any Services that may be offered. In such an event, your use of those Services will be governed by the Terms as well as any such supplementary terms that those Services may be subject to.
17. Limitation of liability
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In addition to specific references to limitation of liability of COMMUNITY CLUB elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence, or other tort), COMMUNITY CLUB shall not be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, tangible, intangible, collateral and non collateral damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or information you provided to the Website/COMMUNITY CLUB Apps, or to other users of the Website/COMMUNITY CLUB Apps, or inability to access or use, the Services on Website or App in the Portal or Platform. You further agree to indemnify us and our service providers and licensors against any claims in respect of any such matter. Community Club’s liability in any case shall not exceed the fees if any paid by the User.
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Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that we are not liable to you for:
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the defamatory, undesirable or illegal conduct of any other user of the Services;
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any loss whatsoever arising from the use, abuse or misuse of your user account or any feature of our Services on the Websites;
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any loss incurred in transmitting information from or to us or from or to our Websites/Mobile apps by the internet or by other connecting media;
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any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications’ infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services;
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the accuracy, completeness or currency of any information services provided on the Websites and Apps;
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any delay or failure on our part to intimate you where we may have concerns about your activities; and
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your activities / transactions on third party websites or apps Portal or Platform accessed through links or advertisements posted in the Portal or Platform.
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Notwithstanding anything to the contrary contained in the Terms or elsewhere, you agree that our maximum aggregate liability for all your claims under this agreement, in all circumstances, other than for the payment of any withdrawable balance in your user account, shall be limited to the amount you have subscribed or paid.
18. Disclaimer and indemnity
Disclaimer
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The Services on the Websites/Mobil App and the Content present on it are provided strictly on "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. COMMUNITY CLUB does not ensure or guarantee continuous, error-free, secure or virus- free operation of the Portal or Platform or its Content including software, your user account, the transactions in your user account or continued operation or availability of any facility on the website.
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Additionally, COMMUNITY CLUB does not promise or ensure that you will be able to access your user account or obtain Services whenever you want. It is entirely possible that you may not be able to access your user account or the Services provided by COMMUNITY CLUB at times or for extended periods of time due to, but not limited to, system maintenance and updates.
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COMMUNITY CLUB disclaims responsibility and liability for any harm resulting from cancellation of any service organized by it. You acknowledge and agree that you will not be entitled to any compensation in case of any service outages that may be caused by failures of our service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of Community Club.
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COMMUNITY CLUB specifically disclaims any liability in connection with services or events made available or organized on the Portal or Platform which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such service or event.
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COMMUNITY CLUB specifically disclaims any liability in connection with your transactions with third parties which may have advertisements or are hyperlinked on the Website.
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COMMUNITY CLUB disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or user content posted on our Website. Intellectual property rights in any Content not belonging to us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
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COMMUNITY CLUB specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Services.
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COMMUNITY CLUB disclaims liability for any risk or loss resulting from your participation, usage of website/mobile app, data including all risk of financial loss.
Indemnity
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To the extent permitted by law, and in consideration for being allowed to participate in the Activity, you hereby agree to indemnify, save and hold harmless and defend COMMUNITY CLUB and its Committee Members, employees, Co-ordinators collectively at all times shall be held indemnified against any (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that we may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against us by any person in connection with:
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infringement of their intellectual property rights by your publication of any content on our Website.
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defamatory, offensive or illegal conduct of any other user or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another users or otherwise;
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use, abuse or misuse of your user account on our Website/Mobile app in any manner whatsoever;
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any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Website/Mobile App; and
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access of your user account by any other person accessing the Services using your username or password, whether or not with your authorization.
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COMMUNITY CLUB PLATFORM
The Users agree and acknowledge that COMMUNITY CLUB apps are only an online platform that allows the Users to interact with each other for the purpose of listing their Property(s), Automobile(s), Job(s), Matrimony(s), Product(s), Service(s) on the Web Site/Mobile Apps and/or searching for appropriate options. The Users further understand and accept that:
The Users are ultimately responsible for choosing and/or interacting with other Users on the Web Site/Mobile Apps and COMMUNITY CLUB is only a facilitator that shall not be held responsible or liable for the selection and/or interaction of the Users with other Users on the Web Site/Mobile Apps.
COMMUNITY CLUB may provide the Users the profile previews of other Users who may be suitable to tender to the requirements of the Users based on information that the Users provide to COMMUNITY CLUB/ Katyayani Game Verse Pvt. Ltd. Please note that COMMUNITY CLUB(i) does not recommend or endorse any other User/Advertiser i.e it does not endorse any User(s) / Member(s) / Advertisers registered on the Web Site/Mobile App; and (ii) does not make any representations or warranties with respect to the other Users / Member(s) / Advertisers or the Property, Automobile, Matrimony, Job listed by them. COMMUNITY CLUB shall not be liable, for any reason whatsoever, for any disputes amongst the Users and there is no liability on COMMUNITY CLUB for the consequences that the Users may be subjected to while dealing with other Users on the Web Site/Mobile App.
Information regarding all the Users / Member(s) / Advertisers and/or any third party whose services the Users avail through the Web Site/Mobile App as displayed on the Web Site/Mobile App is intended for general reference purposes only. Such information is mainly self-reported by the Users) / Member(s) / Advertisers and/or the third party and may change from time to time or become out of date or inaccurate. The Users are encouraged to independently verify any such information the Users see on the Web Site/Mobile App with respect to the other Users) / Member(s) / Advertisers or the Automobile, Property, Job, Matrimony, product, services listed by them.
The Users understand and agree that any interactions and associated issues with the other Users / Member(s) / Advertisers and/or the third parties with whom the Users interact through the Web Site/Mobile App or the third party whose services the Users avail through the Web Site/Mobile App including but not limited to any service-related issues, any Prohibited Conduct issue, any fraudulent activity is strictly amongst the Users and/or the third party and the User shall not hold COMMUNITY CLUB responsible for any such interactions and associated issues. If the Users decide to engage with other Users / Member(s) / Advertisers, the Users do so at their own risk.
COMMUNITY CLUB cannot assure that all the transactions will be completed nor does COMMUNITY CLUB guarantee the ability or intent of the Users to fulfil their obligations under any transaction. COMMUNITY CLUB advises the Users to perform their own investigation prior to selecting and/or interacting with the other Users / Member(s) / Advertisers on the Web Site/Mobile App.
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USER INFORMATION
COMMUNITY CLUB shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of and/or in relation to the User Information.
COMMUNITY CLUB shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Information, in whole or in part.
COMMUNITY CLUB reserves the right to withhold access, remove or discard any User Information from the Web Site/Mobile Apps, in whole or in part at on its sole discretion.
COMMUNITY CLUB shall have the right but not an obligation to maintain or forward any User Information and to verify the authenticity of any User Information made available to it through the Web Site/Mobile App or otherwise.
COMMUNITY CLUB respects the Intellectual Property Rights of others and asks its Users to do the same. The User shall have the sole responsibility for the Intellectual Property ownership or right to use of any information that the Users submit via the Web Site/Mobile Apps and the Users may not use the Web Site/Mobile App to transmit or reproduce someone else's Intellectual Property.
The User shall be held liable for acts including but not limited to those set out below herein, for any such infringement of COMMUNITY CLUB/ Katyayani Game Verse Pvt. Ltd’s Intellectual Property Rights:
(a) misrepresentation of User Information or Content as their own property;
(b) using the Content directly or indirectly, publicly or privately for charging brokerage from the Users;
(c) using the Content directly or indirectly, publicly or privately for charging brokerage from any third party; and
(d) using the Content to display Broker like behaviour.
The User shall not upload, post or otherwise make available on the Web Site/Mobile App, Intellectual Property without the express permission of the concerned owner and the User shall be solely liable for any damage resulting from any infringement of such Intellectual Property.
COMMUNITY CLUB reserves the right to initiate appropriate legal proceedings against any User or third party for an infringement of its Intellectual Property Rights, in accordance with Applicable Law.
The User further accepts and agrees that COMMUNITY CLUB shall have Intellectual Property Rights on all information and data provided or shared by the User on the Web Site/Mobile App.
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GRANT OF RIGHTS TO COMMUNITY CLUB / COMMUNITY CLUB/ KATYAYANI GAME VERSE PVT. LTD’S ASSOCIATES or PARTNERS:
Notwithstanding anything contained herein and in COMMUNITY CLUB/ Katyayani Game Verse Pvt. Ltd's Privacy Policy, the User authorizes COMMUNITY CLUB to share with its finance partners, any and all information that the User may provide in relation to the use of the Web Site/Mobile Apps for availing the products and/or service of COMMUNITY CLUB/ Katyayani Game Verse Pvt. Ltd’s Associates or partners.
By clicking on the " Funds/Submit" tab:
The User agrees and authorizes Community Club / Katyayani Game Verse Pvt. Ltd’s team/employs/members to contact the User and communicate with the User over emails, telephonic calls, or SMS on the mobile number mentioned on the Web Site/Mobile App, or through any other communication mode, to verify the details provided by the User on the Web Site/Mobile Apps or to verify the information provided by the User during registration on the Web Site/Mobile Apps.
The User confirms that the User would like to know through the above-mentioned communication modes, about the various offers and promotion schemes relating to various products/services offered by COMMUNITY CLUB/ Katyayani Game Verse Pvt. Ltd’s advertiser’s from time to time.
The User further agrees and confirms that the laws in relation to the unsolicited communication referred to in the "National Do Not Call Registry" (the "NDNC Registry") as laid down by the Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMS received from COMMUNITY CLUB/ Katyayani Game Verse Pvt. Ltd’s employees, representatives and/or Co-ordinators or agents.
The User authorizes COMMUNITY CLUB Associates or partners to exchange and share all information and details, as provided by the User on the Web Site/Mobile App, with third parties, including but not limited to COMMUNITY CLUB Associates or partners' group companies, service providers, financial institutions, credit bureaus, telecommunication companies, statutory bodies, etc., for customer verification, personalization of products or services, credit rating, data enrichment, marketing or promotion of services or related products of COMMUNITY CLUB Associates or partners or that of its associates and affiliates or for enforcement of the User’s obligations. In this regard, the User agrees that it shall not hold COMMUNITY CLUB Associates or partners (or any of its group companies or its/their employees/agents/representatives) liable for using/sharing of the information as stated above.
The User understands and agrees that pursuant to this application form, the User will be required to submit documents to the satisfaction of COMMUNITY CLUB Associates or partners and accept the loan terms and conditions as prescribed by COMMUNITY CLUB Associates or partners in relation to the products and/or service applied by the User.
“I, as a User/Member of the services offered through the web portal COMMUNITY CLUB/ Katyayani Game Verse Pvt. Ltd.in, do herby expressly authorize COMMUNITY CLUB and any of their business associates to call/ SMS my/our registered phone numbers (as provided by me / us to Community Club. I hereby expressly state that such authorization shall override the national Do-Not-Disturb Registry ("DND"), even if the phone numbers in question are registered under DND list of national Consumer preference registry (NCPR/NDNC). I/we also undertake that I/We will not make any complaints to NDNC for any calls received from COMMUNITY CLUB services/ products, and shall indemnify COMMUNITY CLUB and any of its business associates for having engaged in any such practice. I realize, acknowledge and expressly authorize COMMUNITY CLUB to make the initial communication (via Call / SMS / E-mail/WhatsApp) for the purposes of confirmation of my credentials provided by me. I hereby authorize COMMUNITY CLUB and its business associates to continue contacting me via any of the modes of communication listed above, till such time as I expressly opt-out / unsubscribe from the service offered by Community Club. Till such time, COMMUNITY CLUB and its business associates shall have all rights to continue communicating with me and I shall completely indemnify them against any liability that may arise as a result of such authorization to communicate. Such indemnification shall extend to court cases and suits and all lawyer / advocate fees, even if the dispute is never subjected to judicial scrutiny.”
22. Governing law, dispute resolution & jurisdiction
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The Terms and Conditions and Privacy Policy shall be interpreted in accordance with the laws of India.
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Any dispute, controversy, or claim arising out of the Terms and Conditions or Privacy Policy shall be subject to the exclusive jurisdiction of the civil courts at Hyderabad, India.