Advertiser Terms and Conditions
indiansearchengine.com("indiansearchengine.com") provides access to our marketplace subject to your compliance with the terms and conditions below (the "Agreement"). Please read this Agreement carefully. By enrolling as an advertiser with indiansearchengine.com whereby you agree to be bound by these terms and conditions. In this Agreement, "you" and "your" refers to the Advertiser.
Our marketplace, for purposes of this Agreement, is the process by which consumers search for a desired subject and advertisers bid for search terms, and which search terms produce a search result that contains advertisers' e/search listings as well as traditional search results. These results are viewed at indiansearchengine.com's branded web site at www.indiansearchengine.com or at a third party licensee of indiansearchengine.com (the "Marketplace"). You understand and agree that consumers may view and access your search listing advertisements at the Marketplace from either www.indiansearchengine.com or from a third-party Web site that is a licensee of indiansearchengine.com.
You agree to pay all applicable charges to your account with respect to the payment plan you selected, including, if any, all applicable taxes, in accordance with billing terms in effect at the time the fee becomes payable. You understand and agree that you will be charged for all clicks on your search listing advertisement and that indiansearchengine.com is not responsible for the maintenance of your web site. You may pay indiansearchengine.com by credit card, charge card or telegraphic transfer to our nominated account. You hereby authorize a representative from indiansearchengine.com to automatically debit an amount from your credit card/debit card every month. The amount debited will be the maximum "upper limit" (the maximum amount specified by you which can be spent in any one month) amount specified by you from time to time. The amount debited from you credit card or debit card will be on the same day of the month for every following month. (for example, if you joined on the 10th of the month, then your credit card or debit card will be charged on the 10th of each following month). The upper limit amount to be deducted from your credit card or debit card will be determined on that date of each month. You agree and represent that all information you provide for the purpose of enrolling, as an Advertiser will be accurate, complete and current. Your right to access your account with indiansearchengine.com is subject to any limits established by indiansearchengine.com, its contractors, or by your credit/charge. If payment cannot be charged to your credit facility for whatever reason, or if there is a charge back for any reason, indiansearchengine.com reserves the right to either suspend or terminate your account with indiansearchengine.com.
All customer invoices charged to American Express accounts shall incur a 5% surcharge for administration fees.
4. ADVERTISER'S RIGHTS AND RESPONSIBILITIES
Advertiser's Submissions: You may submit your material for your search listing advertisement either by email; telephone; fax; mail; or our proprietary account maintenance program located at http://secure.indiansearchengine.com/ or our online change form located at http://secure.indiansearchengine.com/. indiansearchengine.com reserves the right to reject or remove any search listing advertisement at its discretion. You represent and warrant that your search listing advertisement, in itself or through the site it links to, (i) does not violate any law or regulation; (ii) does not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or had not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) is not false or misleading; and/or (v) is neither defamatory, libelous, slanderous or threatening.
Accepting indiansearchengine.com Suggestions: indiansearchengine.com reserves the right to edit or refuse any advertisement. indiansearchengine.com may provide suggestions to you for search terms, title and /or descriptions but the final decision to submit any suggestion is yours. Ideas provided by indiansearchengine.com are only suggestions. It is your responsibility to determine whether such suggested terms comply with the requirements of Advertisers Submissions section above. By using a search term, search title and/or search description is in compliance with the Advertisers Submissions Section above.
5. REPRESENTATIONS AND WARRANTIES
You represent and warrant that you have sufficient authority to enter into this Agreement. You represent and warrant that your search listing advertisements each meet the standards of the Advertisers Submissions Section above.
You hereby indemnify and hold harmless indiansearchengine.com, its licensors, consultants, contractors, agents and employees from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, that may arise from your use of the Marketplace or other indiansearchengine.com web sites and/or your breach of the terms of this Agreement, including, with limitation, the breach of any representation or warranty. You will be solely responsible for defending any claim payment of damages or losses resulting from the foregoing to both a third party and indiansearchengine.com and Pagreseeker.com reserves the right to discontinue any search listing that my violate any of the terms in this paragraph.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARKETPLACE IS AT YOUR OWN RISK. THE MARKETPLACE IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER indiansearchengine.COM NOR ANY OF ITS LICENSORS, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE MARKETPLACE, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH indiansearchengine.COM AND/OR THE MARKETPLACE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. indiansearchengine.COM HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS, AND/OR LICENSEES OF ANY AND ALL WARRANTIES INCLUDING, WITH LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE MARKETPLACE AND/OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE MARKETPLACE; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
ANY LIABILITY OF indiansearchengine.COM, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF indiansearchengine.COM'S RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID TO indiansearchengine.COM FOR SEARCH LISTING ADVERTISEMENTS. IN NO EVENT indiansearchengine.COM, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT SPECIAL, INCIDENTIAL, OR CONSQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE MARKETPLACE AND/OR THE SITES LINKED TO FROM THE MARKETPLACE OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU WILL NOT HOLD indiansearchengine.COM RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE MARKETPLACE AND/OR SITES LINKED TO FROM THE MARKETPLACE, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM indiansearchengine.COM CONTRACTS TO OPERATE VARIOUS PORTIONS OF THE MARKETPLACE AND THOSE TO WHOM indiansearchengine.COM PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.
7. CANCELLATION OR TERMINATION
If you are dissatisfied with the Marketplace or the terms and conditions herein, your sole and exclusive remedy is to terminate your account. You may cancel your participation in the Marketplace at any time by sending a message to email@example.com.
indiansearchengine.com may, in its sole discretion, terminate your account, and discontinue your participation in the Marketplace, or your use of any search term if indiansearchengine.com believes that you violated this Agreement or other policies or guidelines that indiansearchengine.com may post on either www.indiansearchengine.com or another indiansearchengine.com web site. indiansearchengine.com can also terminate your account if indiansearchengine.com believes your conduct is harmful to other consumers and advertisers who participate in the Marketplace. All decisions made by indiansearchengine.com in this matter will be final.
IMPORTANT: CANCELLATION OR TERMINATION MAY NOT ALWAYS ENTITLE YOU TO A REFUND. PLEASE SEE THE SECTION ENTITLED REFUNDS FOR MORE INFORMATION.
If you decide to terminate your account, and or provide notice to indiansearchengine.com your account will be deemed terminated when indiansearchengine.com receives notice. You will only receive a refund for amounts not yet charged to your account. SEE PAYMENT
9. MARKETPLACE SUBMISSIONS
By submitting material to the Marketplace you are irrevocably granting indiansearchengine.com the right to use all parts of the material, without limitation, as if it were in the public domain, including modifying it or using it commercially and authorizing others to do so.
indiansearchengine.com may give general notices to you by posting on the Marketplace or www.indiansearchengine.com or any of indiansearchengine.com's Web Sites, if possible, by electronic mail to your email address. You may give notice to indiansearchengine.com by email to firstname.lastname@example.org.
11. CHOICE OF LAW
This agreement shall be construed and controlled by the laws of Queensland, Australia. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of India. You agree to submit to the jurisdiction of the Chandigarh courts located in Chandigarh UT India.
indiansearchengine.com may, in its sole discretion, may not approve any advertiser to the marketplace. No reason is required to be given to the advertiser why their advertisement has or has not been approved. All decisions made by indiansearchengine.com in this matter will be final.
This Agreement constitutes the entire Agreement between the parties with respect to the other matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between you and indiansearchengine.com. indiansearchengine.com may change this Agreement at any time upon notice published on the Marketplace or any one of indiansearchengine.com's Web Sites. Any use of the Marketplace or any of indiansearchengine.com's Sites after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications. indiansearchengine.com reserves the right to discontinue offering the Marketplace at any time.
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