User Agreement and Terms of Service
This User Agreement and Terms of Service (“the Agreement”, “TOS”) sets out the terms and conditions on which tulleeho.com offers you the use of its Service.
1 ACCEPTANCE OF TERMS
Tulleeho Portals Pvt. Ltd provides its Service to you, subject to this Agreement, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.tulleeho.com/terms.htm Before being permitted to use this Service, you must expressly accept the entire terms and conditions of this contract without any modification or reservation. By clicking the “I accept” button below you agree to be bound by this Agreement and all the terms, conditions, undertaking and covenants in it.
Agreement means these Terms of Service for the time being in force and governing the relationship between User and tulleeho.com Content means and includes all graphic, pictures, images, audio, video, textual and other material of whatsoever description and including without limitation all data and analysis to be found at the Website and includes the provision, rendering and display thereof. Owner means tulleeho.com its affiliates, divisions, subsidiaries, successors, parent companies, co-brand partners, assigns and their and each of their respective employees, partners, principals, agents and representatives, and any third-party provider(s) or sources of information, services, graphics, text, data, products, stores or material. Service means and includes all services, Content, facilities, information and material available at the tulleeho.com Website. Site Material includes the Service, Content, other information, material, graphics, text, data, products, stores or materials on the tulleeho.com Website and includes the provision, rendering and display thereof. Software means the software used in connection with the Service and the Site Material Tulleeho.com means and includes the Owner tulleeho.com Website and Website each and both mean the web property located at the URL http://www.tulleeho.com and all sub-domains thereunder and includes all facilities, services, contents, information and material thereon; User means a visitor to the tulleeho.com Website
3 DESCRIPTION OF SERVICE
3.1 The tulleeho.com Website is intended to provide you with information regarding alcoholic beverages, cocktail recipes, bars, pubs, prices and material relating to the medical and health effects of alcohol consumption and the need for responsibility in consuming alcoholic beverages (“the Service”). tulleeho.com may periodically introduce new features to augment or enhance the current Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tulleeho.com resources, shall be subject to the TOS.
3.2 To use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3.3 THIS SERVICE PROVIDES INFORMATION ON ALCOHOLIC BEVERAGES, COCKTAIL RECIPES, PUBS , BARS ETC AND IS THEREFORE FOR THE USE OF PERSONS WHO HAVE ATTAINED MAJORITY AND WHO RESIDE IN A PLACE WHERE THE RECEIPT OR USE OF SUCH INFORMATION IS NOT ILLEGAL OR UNLAWFUL IN ANY MANNER.
4 USER REPRESENTATION
4.1 By using this site you expressly represent that you are not a minor, i.e., a person under the age of 18, and that you are otherwise competent in law to contract. You further represent that you are using the site for bona fide, legal and legitimate use for yourself.
5 USE OF SERVICE
5.1 YOU MAY NOT AT ANY TIME OR UNDER ANY CIRCUMSTANCES USE THE SERVICE TO TRANSMIT, COLLECT, DISSEMINATE, CACHE, POST, UPLOAD, DOWNLOAD, PROPOGATE OR OTHERWISE HOWSOEVER COMMUNICATE MATERIAL THAT IS DEFAMATORY, LIBELOUS, ILLEGAL, RACIST, COMMUNAL, OFFENSIVE, SPAM, SCURRILOUS, OBSCENE, PRURIENT OR VULGAR.
5.2 Without prejudice to the generality of the foregoing, you are not permitted to use the Service to:
(a) upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a tulleeho.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local, state, national or international law,;
(l) “stalk” or otherwise harass another;
(m) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “crush” Content;
(n) robotize, script, spider, or otherwise automate data inflows to gain any benefit, monetary or otherwise;
(o) modify the Software in any manner or form, or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the Service.
(p) access the Service by any means other than through the interface that is provided by tulleeho.com for use in accessing the Service.
(q) use any automated means to access the site or collect any information from the site (including robots, spiders or scripts),
(r) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages.
(s) engage in commercial activities via the Service, including
(i) offering for sale any products or services;
(ii) soliciting for advertisers or sponsors;
(iii) conducting raffles or contests that require any type of entry fee;
(iv) displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services; and
(v) displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
5.3 tulleeho.com at all times reserves the right to edit, ban, prohibit, block, disallow or otherwise restrict the posting, transmission, carriage, routing, uploading, downloading, propagation, communication or dissemination of any content that violates the terms of this Agreement. 5.4 tulleeho.com at all times reserve the right to take such action as it deems appropriate or necessary to protect itself and its interests.
6 INTERNATIONAL USE
6.1 You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
7 TERMINATION OF SERVICE
7.1 At its discretion, tulleeho.com may terminate your use of the Service immediately, without notice and without being required to substantiate or give reasons for such termination. Violation of the terms of this Agreement, will result in immediate termination without notice. At the same time, tulleeho.com reserves the right to take less stringent action against you at its discretion, without notice, forewarning and without being required to assign reasons.
8 NO RESALE OF SERVICE
8.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
9.1 YOU AGREE TO INDEMNIFY AND HOLD TULLEEHO.COM, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
10.1 THE SITE MATERIAL IS MADE AVAILABLE AT THE TULLEEHO.COM WEBSITE STRICTLY AND ONLY ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. TULLEEHO.COM EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING INTER ALIA AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS IN RESPECT OF THE SITE MATERIAL OR ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE AT THE TULLEEHO.COM WEBSITE.
10.2 WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, TULLEEHO.COM DOES NOT WARRANT OR REPRESENT THAT ANY PART OF THE TULLEEHO.COM WEBSITE OR THE SERVICE WILL BE FUNCTIONING OR AVAILABLE AT ANY GIVEN TIME.
10.3 TULLEEHO.COM MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY SITE MATERIAL OR THAT THE SAME MAY BE RELIED UPON FOR ANY REASON. IN ADDITION, TULLEEHO.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
10.4 TULLEEHO.COM MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT THE SITE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED. TULLEEHO.COM IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR REPRESENTATIONS ON ANY PART OF THE TULLEEHO.COM WEBSITE OR ON ANY LINKS THEREON. TULLEEHO.COM DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS ON THE TULLEEHO.COM WEBSITE.
10.5 IN ADDITION, TULLEEHO.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT NOR DOES IT UNDERTAKE, EXPRESSLY OR IMPLIEDLY, TO MAKE IT SO.
10.6 INFORMATION, INCLUDING AVAILABILITY THEREOF, IS SUBJECT TO CHANGE WITHOUT NOTICE.
10.7 THIS SITE IS MEANT FOR USERS WHO HAVE ATTAINED MAJORITY AND WHO ARE NOT RESIDING IN A PLACE WHERE THE RECEIPT OF SUCH INFORMATION IS ILLEGAL OR UNLAWFUL. TULLEEHO DOES NOT ,IN ANY MANNER ,ENDORSE OR ADVERTISE THE CONSUMPTION OF ALCOHOLIC BEVERAGES. TULLEEHO.COM INSISTS THAT YOU CONDUCT YOURSELF IN A RESPONSIBLE FASHION.
11 LIMITATION OF LIABILITY
11.1 TULLEEHO.COM SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SITE MATERIAL INCLUDING ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS, OR BUSINESS RESULTING FROM THE INFORMATION OR THE LACK OF INFORMATION AVAILABLE ON THE TULLEEHO.COM WEBSITE.
11.2 TULLEEHO.COM SHALL HAVE NO LIABILITY FOR (A) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND ITS CONTROL, IN PROCURING, COMPILING, OR DELIVERING THE SITE MATERIAL; (B) ANY ERRORS, OMISSIONS, OR INACCURACIES IN OR RELATING TO THE SITE MATERIAL REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY; (C) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE MATERIAL; (D) ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON THE SITE MATERIAL OR FROM THE USE OF THE INTERNET GENERALLY.
11.3 IN NO EVENT SHALL TULLEEHO.COM BE LIABLE FOR ANY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY LOSS OF PROFITS, GOODWILL, USE OR OTHER INTANGIBLE LOSSES INCLUDING IN NEGLIGENCE, WHETHER REMOTE, PROXIMATE OR FORESEEABLE, AND WHETHER OR NOT TULLEEHO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES GATHERED OR OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, THE TULLEEHO.COM WEBSITE OR THIS AGREEMENT.
11.4 CONSUMPTION OF ALCOHOLIC BEVERAGES IN EXCESS MAY BE HARMFUL TO YOUR HEALTH. TULLEEHO.COM DOES NOT IN ANY MANNER ENCOURAGE OR ENDORSE SUCH CONSUMPTION AND DISCLAIMS ANY LIABILITY WITH RESPECT TO THE USE OF INFORMATION PROVIDED THROUGH THIS SERVICE.
11.5 NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, AND IF THE FOREGOING IS HELD OR FOUND TO BE AN INVALID OR IMPERMISSIBLE EXCLUSION BY REASON OF EXPRESS STATUTORY PROHIBITION AGAINST SUCH EXCLUSION, THEN YOU EXPRESSLY AGREE THAT THE LIABILITY OF THE OWNER ON ANY ACCOUNT AND FOR ANY REASON IS RESTRICTED TO THE MAXIMUM AMOUNT RS.1000/-.
12 GOVERNING LAW & JURISDICTION
12.1 THE OWNER IS AN INDIAN COMPANY, BASED IN INDIA AND IS RENDERING WORLDWIDE SERVICE FROM INDIA, EVEN THOUGH THE WEBSITE ADDRESS MAY BE LOCATED IN NORTH AMERICA OR ELSEWHERE. HOWEVER, THE ENTIRE MANAGEMENT AND ALL THE BUSINESS ACTIVITIES INCLUDING THE PROVIDING THE CONTENTS OF THE WEBSITE, PROVIDING SERVICE, INFORMATION, MATERIALS, DATA, ETC., ARE ORGANIZED, UPDATED AND MAINTAINED BY THE OWNER FROM INDIA AND ARE CONTROLLED FROM INDIA.
13 THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE REPUBLIC OF INDIA.
13.1 BEFORE BEING PERMITTED TO USE THIS SERVICE, YOU MUST EXPRESSLY ACCEPT THE ENTIRE TERMS AND CONDITIONS OF THIS CONTRACT WITHOUT ANY MODIFICATION OR RESERVATION AND ONLY THEREUPON WILL YOU BE PERMITTED TO USE THE TULLEEHO.COM WEBSITE AND THE SERVICE, IRRESPECTIVE OF WHERE YOU OR YOUR ORGANIZATION ARE LOCATED.
13.2 THIS AGREEMENT IS DEEMED TO HAVE BEEN SIGNED AND EXECUTED IN BOMBAY, INDIA AND YOU EXPRESSLY SUBMIT YOURSELF TO THE EXCLUSIVE JURISDICTION OF COURTS IN Delhi, INDIA, IN RESPECT OF ANY DISPUTES ARISING IN ANY MANNER OUT OF OR RELATING TO THE TULLEEHO.COM WEBSITE, THE SERVICE, THE SITE MATERIALS, THIS AGREEMENT OR YOUR USE OR UNDERSTANDING THEREOF.
13.3 YOU EXPRESSLY WAIVE ANY OBJECTION OF WHATSOEVER NATURE TO INDIAN JURISDICTION AND AGREE NOT TO RAISE ANY OBJECTION OR TAKE ANY PLEA AS TO INDIAN JURISDICTION ON THE GROUND OF FORUM INCONVENIENT, DELAY, EXPENSE, HARDSHIP OR OTHERWISE HOWSOEVER.
13.4 YOU FURTHER EXPRESSLY AGREE NOT TO INITIATE ANY LEGAL PROCEEDINGS AGAINST THE OWNER IN RESPECT OF ANY MATTER RELATING TO OR ARISING OUT OF THE TULLEEHO.COM WEBSITE, THE SITE MATERIAL, THE SERVICE OR THIS AGREEMENT OR ITS USE, INTERPRETATION OR UNDERSTANDING IN ANY JURISDICTION EXCEPT THAT OF THE COURTS IN DELHI, INDIA.
13.5 YOU EXPRESSLY AGREE THAT IN THE EVENT OF ANY LITIGATION BEING COMMENCED BY YOU OR ANYONE CLAIMING UNDER YOU OR ASSOCIATED WITH YOU AGAINST THE OWNER IN ANY JURISDICTION OTHER THAN THAT OF THE COURTS IN BOMBAY, INDIA, THEN YOU WILL CONSENT IN AND SUPPORT AN APPLICATION FOR THE STAY OF LEGAL PROCEEDINGS IN SUCH OTHER JURISDICTION SO THAT THE PARTIES CONCERNED MAY ADOPT APPROPRIATE LEGAL PROCEEDINGS IN LOCAL INDIAN JURISDICTION.
13.6 YOU ARE ADVISED TO TAKE A HARD-COPY PRINT-OUT OF THIS AGREEMENT AND TO KEEP THE SAME IN A SECURE PLACE. AN ONLINE VERSION OF THE LATEST AND CURRENT AGREEMENT WHICH INCLUDES THIS DISCLAIMER IS AVAILABLE AT http://www.tulleeho.com/tos.htm.
14 MODIFICATIONS AND AMENDMENTS TO SERVICE & AGREEMENT
14.1 tulleeho.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that tulleeho.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. tulleeho.com may amend this Agreement periodically. Such amendments will be effective and binding when posted. You agree to be bound by the terms of such amended Agreement, regardless of whether or not your attention has been specifically directed to the same. It is your responsibility to check the current Terms of Service periodically.
15 ADVERTISEMENTS AND PROMOTIONS
15.1 tulleeho.com runs advertisements and promotions on tulleeho.com . You agree that tulleeho.com has the right to run such advertisements and promotions. The manner, mode and extent of advertising by tulleeho.com on your tulleeho.com profile is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that tulleeho.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16.1 The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because tulleeho.com has no control over such sites and resources, you acknowledge and agree that tulleeho.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that tulleeho.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17 ENTIRE AGREEMENT
17.1 The TOS constitute the entire agreement between you and tulleeho.com and govern your use of the Service, superceding any prior agreements between you and tulleeho.com or tulleeho.com (including any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other tulleeho.com services, third-party content or third-party software.
18.1 Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power or remedy vested in this Agreement shall constitute a waiver by tulleeho.com of that or any other right, remedy or power. No forbearance, indulgence or relaxation or inaction by tulleeho.com at any time to require performance of any of the provisions of this Agreement shall in any way affect, diminish or prejudice the right of tulleeho.com to require performance of that provision and any waiver or acquiescence by you of any breach of any of the provisions of this Agreement shall not be construed as a waiver or acquiescence of any right under or arising out of this Agreement, or acquiescence to or recognition of rights and/or position other than as expressly stipulated in this Agreement.
19.1 If any term, provision or condition of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision which is valid and enforceable and most nearly reflects the original intent of the unenforceable provision. If, for any reason, such replacement is not possible or permissible, then and in that event the offending term, provision, condition same shall be deemed to be deleted from this Agreement and shall be of no force and effect and effect as if such term, condition or provision had not been contained in this Agreement.
20.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within six months after such claim or cause of action arose or be forever barred.
21 CUMULATIVE RIGHTS
21.1 All remedies of either Party under this Agreement, whether provided herein or conferred by statute, civil law, common law, custom, trade, or usage, are cumulative and not alternative and may be enforced successively or concurrently.
22 NO AGENCY
22.1 The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
23 NO ASSIGNMENT
23.1 The benefits under this Agreement are personal to you and you may not in any way and under any circumstances assign the same or any part thereof.