Updated on 5th January 2019

Terms of Use

This ‘Terms of Use’ document constitute an electronic record in the form of an “Electronic Contract” in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic documents / 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of a website.

Please read this “Terms of Use” carefully before using or registering on this Website or accessing any material, information or services through thE Website.

By accessing, browsing www.sriharienterprise.com and using the services provided on the Website, You signify that you have read, understood and unconditionally accept the “Terms of Use and you agree to be legally bound by the same without limitation or qualification.   This “Terms of Use” shall come in to effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website and shall govern your use of the Website and services therein.

By impliedly or expressly accepting the “Terms of Use”, You also accept and agree to be bound by all other Policies available on this Website and amended from time to time.

You also represent and warrant that You have the legal authority to accept these terms on behalf of yourself and any party you represent.   If you DO NOT agree with this ‘Terms of Use’, please do not use this Website.

1.0 Introduction

1.1 SriHari Enterprise provides shared workplace solutions and other business -related services (hereinafter referred to as “Services”) to freelancers, independent professionals, start-up entrepreneurs and anyone who wants to have an office without incurring capital investments on the basis of a usage licence, without creating a tenancy, on a monthly, quarterly, bi-annual, annual or casual basis.

1.2  The website www.sriharienterprise.com (hereinafter referred to as “Website”) is built, owned and operated by SriHari Enterprise, having its office at Old No.14, New No.4, West Avenue, Off Station View Road, Kodambakkam, Chennai – 600024, Tamil Nadu, India.

1.3 The Website acts as an online-digital platform that enables users, amongst other services, to submit enquiries, schedule appointments, book services, make payment transactions for the services offered by SriHari Enterprise.

2.0 General Provisions

2.1 These Terms and Conditions (“Terms of Use”) and all other policies posted on the Website set out the terms on which SriHari Enterprise offers access to the users of the Website and allows them to use the services enabled on this Website and its Mobile App or other software applications whether existing now or in the future.

2.2 For the purpose of this “Terms of Use”,  wherever the context so requires, “User” or “Visitor” or “You” or “Your” shall mean any natural or legal person who accesses  the Website to read the information and/or uses the services and tools / functionalities offered therein by providing Data while availing the services through his or her computer systems or Mobile Devices or who has used the Website without availing any of the available services and, in either case, accepted this electronic version of the “Terms of Use”.  The terms  “We”, “Us”, “Our” shall mean SriHari Enterprise, which term shall include, wherever the context permits, their administrators, executors, successors, liquidators and assigns.

2.3 The ‘Terms of Use’ together with the ‘Privacy Policy’, ‘Service Agreement’ and all other policies incorporated herein or referred to herein, from time to time, collectively and in entirety, shall constitute the legal agreement that shall govern your use of the Website and the web-pages, hyperlinks, tools and services offered on this Website.

2.4 When You use any of the services provided by Us on the Website including but not limited to, submitting enquiries, scheduling appointments and making payments, you will be also subject to the rules, guidelines, policies, terms and conditions applicable to such services, 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”.

2.5 We reserve the right, at Our sole discretion, to change, amend, add or remove portions of the “Terms of Use”, by posting an amended version on the Website, at any time, without any prior notification to You.  The amended version of the “Terms of Use” shall be effective from the time of being posted on the Website and supersede all previous representations, understandings or agreements.  It shall be Your responsibility to review the “Terms of Use” periodically for updates / changes by referring to the “Last Updated” legend above.  Your continued use of the Website following the posting of amended version shall mean that You accept and agree to the current version of the ‘Terms of Use’ available on the Website at the time of such use.

2.6 As long as You comply with the ‘Terms of Use’ and other applicable policies incorporated herein, We grant You a personal, non-exclusive, non-transferable, freely revocable (upon notice from Us), limited privilege access to browse, view and use the services available on the Website as expressly permitted in the Terms of Use.

2.7 You and SriHari Enterprise are independent parties on the basis of a principal-to-principal relationship and none of the provisions of the “Terms of Use” shall be deemed to constitute a partnership or agency or Joint Venture between you and SriHari Enterprise and you shall have no authority to bind Us in any manner whatsoever.

2.8 In case of We releasing a Mobile App that provides the same services presently provided on the Website, We may include functionalities to automatically check for updates or upgrades to the App. Unless your device, its settings, or operating software does not permit transmission or use of upgrades or updates, You agree that We may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time to time. You may be required to install certain upgrades or updates to the App in order to continue to access or use the Services, or portions thereof.  Any updates or upgrades provided to you by Us under the Terms of Use shall be considered part of the Services.

2.9 Changes to the Fees/Charges shall be posted on the Website and such changes shall automatically become effective immediately from the time of their posting on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and be payable to Us within such time as specified in the invoice. Users shall be solely responsible for complying with all applicable laws for making payments to Us.

3.0 User Eligibility, Conduct and Associated Obligations

3.1 The Services offered by the Website are available only to persons who can form legally binding contracts under the Indian Contract Act, 1872.  Persons who are incompetent to contract within the meaning specified in the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.

3.2 These Services may also be subject to procedures for use of the Website, Service Agreement,  uploaded guidelines, rules, additional terms of service, or other disclaimer & Notices, if any (“Additional Terms”). In the event of any conflict between the Service Agreement and the Additional Terms, the Additional Terms shall take precedence in relation to that Service.

3.3 You hereby represent that You are of legal age (18 years) and are competent to understand and agree to the “Terms of Use” and form a binding contract, and are not a person barred from receiving services, under the Act mentioned above and other laws as applicable in India.

3.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or We determine that You have violated the “Terms of Use” and other policies posted herein or We receive requests from law enforcement or other government agencies, We shall have the right, at our sole discretion and without any prior notice, to refuse any and all current or future use of the Website (or any portion thereof).

3.5 We reserve the right to refuse access to use the Services offered on the Website to new Users or to terminate or restrict access granted to existing Users at any time without assigning any reasons whatsoever, at its sole discretion.

3.6 By using this Website, You also agree that any violations by You of the “Terms of Use” will constitute an unlawful and unfair practice that will cause irreparable harm to Us, for which monetary damages would be inadequate and You consent to SriHari Enterprise obtaining any injunctive or equitable relief that We deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that We may have at law or in equity.

3.7 In the event of SriHari Enterprise initiating any legal action against You as a result of Your violation of this Terms of Use, We will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs incurred on such action, in addition to any other relief granted to Us.

3.8 You release and indemnify Us and Our officers / representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.  Notwithstanding Our reasonable efforts in that regard, We cannot take responsibility or control the information provided by other Users which is made available on the Website.  You may find other User’s information to be offensive, harmful, inconsistent, inaccurate or deceptive. Please use caution when using the Website.

3.9 You expressly agree, undertake and confirm that Your use of this Website shall be strictly governed by the binding principles mentioned herein.  You also agree to use the Services, Website and the materials provided therein only for the purposes that are permitted by (i) the “Terms of Use”, (ii) “Service Agreement” and (iii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3.10 You may access, browse and use the materials solely for personal, informational and non-commercial purposes only.  Further, you shall not modify or alter any information or any other material available on the Website without Our consent.

3.11 You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface provided by Us. You shall not use any “deep-link”, “page-scrape”,  robot, spider or other automatic devices, programs, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or Content or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.  We reserve our right to take appropriate and stringent legal measures to bar any such activity.

3.12 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.

3.13 You acknowledge and agree that by accessing or using the Website and its services, it is possible that You may be involuntarily exposed to content posted by other users that You may consider offensive, indecent, obscene or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website.

3.14 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, or exploit the Website or any service or information made available or offered by or through the 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 the Website.

3.15 You shall not make any negative, denigrating or defamatory statement(s) or comments about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish Our image or reputation, our Brand Partners and Associates.  You also agree that You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Website’s Systems or Networks, or any systems or networks connected to the Website.

3.16 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 person’s use of the Website.

3.17 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message You send to Us 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.

3.18 You may not use the Website or any content therein for any purpose that is unlawful or prohibited by the “Terms of Use” or to solicit the performance of any illegal activity or other activity which infringes Our rights and / or that of others.

3.19 It is also possible for other users to obtain personal information about You due to your use of the Website and they may use such information to harass or injure You. While we do not approve of such unethical behavior, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Therefore, please be advised to carefully choose the type of information that You wish to disclose or share publicly on the Website.

3.20 We 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).

3.21 If We allow You to post and upload any material on the Website and its Social Media Pages, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

  1. Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  2. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  3. Publish, post, upload, modify, distribute or disseminate any information or name or material that is inappropriate, objectionable, racial, disparaging, harmful, harassing, profane, defamatory, infringing, obscene, pornographic, indecent, paedophilic, libelous, invasive of another’s privacy or unlawful in any other manner through any bookmark, tag or keyword.
  4. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  5. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage / disable  the operation of the Website or another’s computer;
  6. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  7. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  8. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  9. Use the Website or any material or Content for any purpose that is unlawful or prohibited by the “Terms of Use”, or to solicit the performance of any illegal activity or other activity which infringes Our rights or that of other third parties;
  10. Conduct or forward surveys, contests, pyramid schemes or chain letters;
  11. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  12. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  13. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  14. Violate any applicable laws or regulations for the time being in force within or outside India;
  15. Violate the “Terms of Use” including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
  16. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

3.22 You agree that You are solely responsible to Us and to any third party for any breach of Your obligations under the “Terms of Use” and for the consequences (including any loss or damage which We or Our affiliates may suffer) from any such breach.

3.23 We reserve its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, We may at Our sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

4.0 Communications and Subscriptions

4.1 You expressly agree that all agreements, notices, disclosures and all other communications that we provide to you electronically (by email or by general notification on the Website) shall satisfy any legal requirements that such communications be in writing.

4.2 In order to make you aware of the latest features, services, benefits, promotional offers of and relevant business opportunities with Us, we may communicate to you, from time to time, through phone calls, SMS notifications and emails.

4.3 You can unsubscribe / opt out from receiving promotional and non-transactional communications from Us anytime by clicking on the Unsubscribe link generally made available on the footer section of the Website or the Unsubscribe Option available at the bottom of the Newsletters received from Us.   Emails  / SMS alerts / Phone Calls pertaining to your transactions with Us shall, however, be sent to you as and when you avail such services.

4.4 You will be required to enter a valid mobile phone number while availing of our services on the Website. By registering Your mobile phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

Service of Notice:  The Registration Data and email ID or Your Account details of the third party websites through which You register with Us will be construed as Your ‘Designated Electronic Address’ and the Website, other third parties and law enforcement agencies will communicate with You on Your designated electronic address which will be deemed adequate service of notice / electronic record.  Any notice provided to Us pursuant to the “Terms of Use” should be sent to admin@sriharienterprise.com. 

5.0 Contents Posted on Site

5.1 Except as expressly provided in the “Terms of Use”, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without authorization from Us.

5.2 You may use information on the services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

6.0 Third Party Content and Links

6.1 This Website also makes available general third party information, that are not under Our control, such as catalogues, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources (“Third Party Content“). Similar Third Party Content would also be available to You on the email received by You from Us.

6.2 Such Third Party Content is provided for general informational purposes and only for the convenience of the users of this Website. You acknowledge that this Third Party Content is obtained from sources believed to be reliable.  We do not provide any guarantee with respect to accuracy, relevancy, copyright compliance, legality, completeness, timeliness of the Third Party Content and We shall not be held liable for any loss or damage incurred by You based on Your reliance on or use of such data.

7.0 Payment Facility and Associated Conditions

7.1 We contract with third-party service providers to facilitate payment transactions for the services booked / bought from the Website.  These third party payment service providers may include third-party banking or credit card payment gateways, payment aggregators, Payment on Delivery (POD) Service Providers, mobile payment service providers or through any facility authorized by RBI for collection, refund and remittance, as the case may be. We takes utmost care and work with these third party payment providers, but does not control their systems, processes, technology and work flows and hence cannot be held responsible for any fault on the part of these service providers.

7.2 Therefore, while availing any of the payment method/s available on the Website, We shall not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
  3. Exceeding the preset limit mutually agreed by Us with our acquiring bank from time to time
  4. Any payment issues arising out of the transaction, or
  5. Decline of transaction for any other reason/s

 

7.3 All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate payment transactions with respect to any other form of currency on the Website.

7.4 You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Us to purchase the services from Us using the Payment Facility available on the Website.

7.5 You agree to provide correct and accurate financial information, such as credit/debit card details or pre-paid payment instrument account details to the approved payment gateway for availing payment facility on the Website. You shall not use credit/debit cards or pre-paid payment instruments which are not lawfully owned by You. i.e, You must use only your own credit/debit cards.   The information provided by You will not be utilized or shared with any third party unless required by law, regulation or a court order or in accordance with the terms of Our Privacy Policy. You will be solely responsible for the security and confidentiality of the details of Your credit/debit card or pre-paid instruments. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit cards or pre-paid instruments.

7.6 You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of services and/or Transactions as mentioned in the Website.

7.7 All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

7.8 Before allowing you to avail of the booked services, We may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

7.9. We shall do such checks as we deem fit before approving the bookings / service requests made by Users for security and other reasons at our sole discretion.  As a result of such checks, if We are not satisfied with the credibility / background of the users, We will have the right to reject their bookings and refund payments if they have made it.

7.10 The Buyer acknowledges that We will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond Our control.

8.0 Dispute Resolution

8.1 In case of a dispute, Our Centre Head shall initiate an inquiry and after establishment of the facts, will actively endeavour to facilitate an amicable solution as defined in our “Service Agreement”.

8.2 Unless expressly stated otherwise, any dispute should be registered within 5 days from the date of availing of our services and only Users who place their bookings through our online platform are eligible for this assistance.

8.3 Our Centre Head may seek additional information / clarification from the concerned parties to facilitate resolution of the dispute. In the event of the concerned parties not responding with the requisite information / clarification sought within 5 days from the date of such request, the dispute shall be auto-closed

8.4 We shall not be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by the User on account of any dispute.

8.5 While we shall make every effort to arrive at an amicable solution to the fullest satisfaction of the buyer, decision taken by Us in any dispute shall be deemed to be final and binding on the buyers.

9.0 User Feedback and Other Submissions

9.1 Any feedbacks, testimonial, comment, review and suggestion You submit to us or post on this Website shall be deemed to be non-confidential and non-proprietary.  We shall be free to use such information on an unrestricted basis including displaying the same on the Website with the respective User IDs. Further, by making the above submissions, You represent and warrant that (i) Your submissions does not contain confidential or proprietary information about You or of third parties (ii) We are not under any obligation of confidentiality, express or implied, with respect to the feedback, (iii) We may have something similar to the feedback already under consideration or in development, and (iv) Unless there is an explicit commitment from Us, You are not entitled to any compensation or reimbursement of any kind from Us for the feedback under any circumstances.

9.2 We may at its discretion, make modifications or changes to the Website, Content and / or Services on the basis of such feedback though We shall have no obligation to so. In such an event, You agree that You shall not have any rights or title (including intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications and assign to Us, all worldwide rights and title to such changes or modifications, in perpetuity.

9.3 Further, We shall not be responsible for the feedbacks that you post on the Website and you should desist from making comments that are not factual in nature and also should not post abusive, defamatory, hateful, illegal or offensive/obscene contents, for which you alone shall be liable.

10.0 Privacy

10.1 You understand, agree and acknowledge that We use third party services providers to store and process Your personal information and other information which You provide to Us (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Website. You agree and understand that We provide no guarantee, warranty or assurance that such third party service providers will protect Your personal information and We shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Website.

10.2 We and our affiliates may share / sell / transfer / license / convey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or  re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, we and our affiliates may use such information to provide you various services with respect to your transaction.

10.3 You hereby consent and agree that you have read and fully understand Our Privacy Policy in respect of the Website. If You object to any terms as mentioned in our Privacy Policy in any way, please do not use the Website.

11.0 Intellectual Property Rights

11.1 The Website Design and the processes, their layout selection and arrangement, including but not limited to text, graphics, user interfaces, visual look and feel, sounds and music (if any), artwork and computer code (not including any content posted by Users or any Third Party Content) on the Website (collectively, the “Content”) is owned and controlled by Us or its Licensors and the design, structure, selection, coordination, expression of such Content is protected by appropriate copyright, patent and trademark laws and various other Intellectual Property Rights.

11.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are either Our property or that of respective third-parties. You are not permitted to use the Marks without Our prior consent or that of the third party that may own the Marks.

11.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, We own all intellectual property rights to and into the trademark  “SriHari” and the Website, including, without limitations, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.

11.4 Intellectual Property Rights for the purpose of this “Terms of Use” shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in Us as the owner of such domain name.

11.5 The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its respective third-parties / licensors, as the case may be.

11.6 All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without Our prior written consent, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

11.7 Except as expressly provided herein, you acknowledge and agree that You shall not copy or imitate the designs or layouts of this Website, in whole or in part nor download or install any software available on the Website.

11.8 We respect the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Us at admin@sriharienterprise.com.

12.0 Disclaimer of Warranties and Liability

12.1 The Website, all the materials and services (including but not limited to software), included on or otherwise made available to You through this website are provided on “as is” and “as available” basis without any representation or warranties of any kind, express, implied, statutory or otherwise. We specifically disclaim any warranties of title, merchantability, fitness for any particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.

12.2 Without prejudice to the forgoing paragraph, We do not warrant nor makes any representations that this i) Website or the services will be error-free, uninterrupted, timely or available always and ii) the information, data, software, products or services on this Website is accurate, complete, true and non-misleading and assumes no liability or responsibility for any omissions or errors in the content of this Site, including but not limited to any technical inaccuracies and typographical errors.

12.3 We shall not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

12.4 We shall not be responsible for any delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities or any information, software, product and related graphics obtained through the Website or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.  Further, the user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his or her own discretion and risk and he or she will be solely responsible for any damage to their computer systems or loss of data, lost profits that results from the use of this Site.  We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or any third parties.

12.5 Nothing on Website constitutes, or is meant to constitute, advice of any kind.  We shall not be liable for any third-party products or services and the advertisements available on the Website or E-mail for third party website or products or services are for information purpose only.

12.6 You agree that the aforesaid disclaimers shall be in addition to all other disclaimers given in the “Terms of Use”.

13.0 Indemnity and Limitation of Liability

13.1 You agree to defend, indemnify and hold Us harmless, including but not limited to, Our subsidiaries, group companies, suppliers, affiliates (as applicable), consultants, contracted companies and their respective owners, shareholders, officers, directors, employees and agents,  against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith) incurred by Us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligations to be performed by You pursuant to the “Terms of Use” and other policies posted on the Website and incorporated by reference.

13.2 Further, You agree to release Us, our subsidiaries, respective Directors, officers, employees, shareholders, legal representatives, agents, successors and assigns, from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claims that Your material caused damage to a third party, Your violation of any law, rules or regulations or the rights of a third party, including infringement of intellectual property rights.

13.3 Notwithstanding anything to contrary, Our entire liability to You under this “Terms of Use” or otherwise shall be the refund of the money charged from You for any specific service, under which the unlikely liability arises.

13.4 Under no circumstances, shall SriHari Enterprise, its owners, employees, associates, suppliers or affiliates be liable to You, the vendor or any third party for any special, incidental, direct, indirect, consequential or punitive damages whatsoever, including without limitation, those resulting from loss of business,  revenue, data, goodwill, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use or inability to use, of the Website, Services or materials.

13.5 The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws.

14.0 Forward-Looking Statements

14.1 The information provided on the Website may contain certain projections or forward-looking statements of, including but not limited to, financial results, operations, vision, strategies, goals, acquisitions, capital position and Our future plans or any of Our affiliates.  By their nature, these forward-looking statements involve risk and uncertainty since they purely relate to future events and circumstances.

14.2 These forward-looking statements are subject to, amongst other things, the general and economic conditions prevalent in countries or regions where we operate, the successful implementation of our strategy, our ability to realize the benefits of this strategy, the policies and actions of governmental and regulatory authorities, changes in legislation and the impact of competition.

14.3 A number of these factors are beyond our control and as a result, our actual future performance may materially differ from our dreams, plans, goals and expectations expressed or implied in these forward-looking statements. Therefore, we caution the users of the Website that the forward-looking statements made available in the Website are not a guarantee for our future performance.

15.0 Report Abuse

15.1 In the event of you coming across any abuse or violation of the “Terms of Use” or if You become aware of any objectionable content on the Website, please report to admin@sriharienterprise.com.  

16.0 Termination

16.1 The “Terms of Use” will continue to be binding until terminated by either You or Us as set forth below.  If you wish to terminate Your agreement with Us, You may do so by (i) not accessing the Website or (ii) closing Your Account with Us, an option made available to You by Us.

16.2 We, may at any time, with or without prior notice, terminate the “Terms of Use” (or portion thereof, such as any individual Additional Terms) with you and block your access to the Website if

i)  We determine that You have breached any of the provisions of the Terms of Use, Privacy Policy and other policies that may be applicable to You      from time to time
ii)  We are required to do so by law or upon request by law enforcement or other government agencies
iii) Provision of the Services to You by Us is, in Our opinion, no longer commercially viable
iv)  In case We face any technical issues or problems that prevent the Website from working
v)   We choose to discontinue, with or without reason, access to the Website, access to the Services (or any part thereof) provided through the          Website

16.3 Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include (i) removal of access to all offerings within the Website or with respect to the Services (ii) deletion of Your materials and Account Information, including Your personal information, login ID and password and all related information, files and materials associated with or inside Your Account and (iii) barring you from further use of the Services

16.4 You unconditionally agree that all terminations shall be made at Our sole discretion and that We shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information) or Your access to the Website and Services provided through the Website.

16.5 Notwithstanding the foregoing, the “Terms of Use” shall survive indefinitely unless and until We chooses to terminate them. 

17.0 Assignment

17.1 You cannot assign or otherwise transfer the “Terms of Use” or any rights granted hereunder to any third party. We may transfer its rights and obligations under the “Terms of Use” to any third party without the requirement of seeking Your consent.

18.0 Third Party Rights

18.1 Except as expressly provided in the “Terms of Use”, a person who is not a party to this Agreement cannot enforce any of its terms.

19.0 Website Shutdown

19.1 We reserve the sole right to shut down this website or any part thereof, for any reason, at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any content and / or user content submitted to this website.

20.0 Severability

20.1 If for any reason, any provision of the “Terms of Use” or portion therefore is adjudicated to be illegal, invalid, prohibited or unenforceable under the applicable laws, that provision shall be severable and replaced by a valid and enforceable provision to the maximum extent permitted by the applicable laws, which most closely matches the intent and objectives of the original provision.

20.2 The invalidity or unenforceability of any provisions of this “Terms of Use” and their severance or replacement shall not affect or impair the validity or enforceability of the remaining provisions of this “Terms of Use”, which shall remain in full force and effect.

21.0 Non-Disparagement

21.1 You shall, during and after the participation in and use of the Services provided by us, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding SriHari Enterprise, or any of Our officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

22.0 Non-Waiver

22.1 Failure or delay by Us to exercise or enforce a right or power under this “Terms of Use” for the strict performance of the same shall not be construed as a waiver of our rights or remedies hereunder, whether for the past or future actions of any User.  Only a specific, written waiver signed by Our Authorized Representative shall have any legal effect whatsoever.

22.2 Any specific waiver by Us of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. Any single or partial exercise of a right or power by Us shall also not preclude any future enforcement of performance of the other terms and conditions.

23.0 Exclusive Remedy

23.1 If we do not comply with our undertakings under the “Terms of Use”, we shall either correct the non-compliance on being brought to our notice or, at our option, terminate the “Terms of Use” by prior notice posted on the Website. To the maximum extent permitted by law, this clause expresses your sole and exclusive remedy in relation to our non-compliance.

24.0 Governing Laws and Jurisdiction

24.1 The Website is created, controlled and operated by us from India (Chennai) and unless otherwise specified, the material and services on the Website is offered solely for the purpose of services in select regions in India where We have operations. We make no representation that materials in the Website are appropriate or available for use in other locations in India or countries outside India.  Those who choose to access the Website from other locations / Countries do so on their own initiative and We are not responsible for providing services / making refunds for the services booked from other locations / Countries where do not have operations, compliance with the respective local laws, if and to the extent local laws are applicable.

24.2 This “Terms of Use”, other rules and policies contained herein and any of Your usage of Website and Your dealings with the Website shall be governed by and construed in accordance with the applicable laws of India without reference to conflict of laws principles.

24.3 You hereby consent that all claims, differences, disputes or cause of action that may arise under or in connection with or in relation with the Website, this “Terms of Use” and other policies, any transactions entered into on or through the Website and the relationship between You and SriHari Enterprise shall be subject to the exclusive jurisdiction of the courts at Chennai, India and You hereby accede to and fully accept the jurisdiction of such courts.

24.4 Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this “Terms of Use” including without limitation this paragraph.

25.0 Arbitration

25.1 All disputes or claims arising between You and Us during Your use of the Website or Your dealing with Us in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the “Terms of Use” and all the rules and policies posted on the Website, shall be referred to an independent and neutral third-party arbitrator identified by Us subject to The Arbitration and Conciliation Act, 1996 which rules are deemed to be incorporated into this clause, by reference.  The place of Arbitration shall be Chennai, India. The language of Arbitration shall be English.

26.0 Translation of the Terms of Use

26.1 We may, in future, provide a translation of the English version of the “Terms of Use” in other languages. You understand and fully agree that any such translation of the “Terms of Use” is only for your convenience and that the English version shall solely govern the terms of your relationship with Us.  Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the “Terms of Use” shall prevail over others.

27.0 Contact Us

Please contact us for any questions or comments regarding this Website.

Grievance officer

In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

The Centre Head
SriHari Enterprise
Old No.14, New No.4, West Avenue,
Off Station View Road, Kodambakkam,
Chennai – 600024, Tamil Nadu, India.

Ph: +91-44-24811660 | 97899 06687
Email: admin@sriharienterprise.com

Time :  Mon – Saturday ( 9.00 am to 06:00 pm) – Except Public Holidays.

28.0 Headings

29.1 The headings and sub-headings of the sections of the “Terms of Use” and the order in which they are inserted are only for convenience and identification and shall not constitute a part hereof or affect, in any way, the meaning or interpretation or limit the scope of the “Terms of Use”.