James Uncle :: JAMESUNCLE TERMS AND CONDITIONS

TERMS & CONDITIONS

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under pertaining to electronic records as applicable and amended. 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 the terms and conditions for access or usage of www.jamesuncle.com (the "Website").

Please read the following terms and conditions very carefully as your use of the Website and associated WWW.JAMESUNCLE.COM Services (as defined below) is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS herein, SO PLEASE READ THE TERMS and conditions CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions of use of website, you also accept and agree that you have read, understood and are bound by these Terms and conditions, regardless of how you/WWW.JAMESUNCLE.COM member subscribe to or use the WWW.JAMESUNCLE.COM Services. If you do not want to be bound by the Terms and Conditions, you must not use the Website or the WWW.JAMESUNCLE.COM Services.

In these Terms, references to "You" or "User" or "WWW.JAMESUNCLE.COM member" shall mean the end user accessing the Website/WWW.JAMESUNCLE.COM services, its contents or using the WWW.JAMESUNCLE.COM Services offered. "WWW.JAMESUNCLE.COM Services" means a collective reference to the WWW.JAMESUNCLE.COM service provided by CENTROID TECHNICAL SERVICES, CIN : [TO BE FILL UP], a company under the provisions of companies act, 2013 and having its registered office at P.C.ROAD, SANKATA PALLY, P.O. GHOLA BAZAR, NORTH 24 PARGANAS, WEST BENGAL -700111 ('CENTROID TECHNICAL SERVICES/Company').

Scope

JAMESUNCLE acts as a platform to enable any user to themselves register on it (by filling the mandatory fields and optional fields, if any) to voluntarily search for profile(s) from the database of JAMESUNCLE’s already registered users, for seeking prospective lawful SERVICE PROVIDER for themselves. JAMESUNCLE customer care executive /relationship executive may also be able to assist you to create your profile; however, you must have a valid/operational mobile phone number and an email id.

The profiles in the database of JAMESUNCLE are classified broadly on the basis of CATEGORY AND SKILLS for the ease and convenience of its member / customer.

JAMESUNCLE Members are provided with free/paid access for searching profiles from the database of JAMESUNCLE, as per the SERVICE REQUIRED preference set by you (on the Website/Applications -(App) and you shortlist the SERVICE PROVIDER yourself.

JAMESUNCLE do not authenticate any information of any profile and hence you as a user need to verify the credentials and information provided by other users.

1) Eligibility:

A) JAMESUNCLE Membership and rights of admission is reserved solely for:

Indian Nationals & Citizens.
Persons of Indian Origin (PIO).
Non Resident Indians (NRI).
Persons of Indian Descent or Indian Heritage

B) Further in capacity as JAMESUNCLE member you confirm that you are:

18 years or above;
Legally competent to WORK OR PROVIDE SERVICE AND PAY THE SERVICE CHARGE AMOUNT AS NEGOTIATED, and
Not prohibited or prevented by any applicable law for the time being in force from entering into a BUSINESS.

2) Registration

A. We expect that you would complete the online registration process with fairness and honesty while furnishing your personal information to JAMESUNCLE. You would appreciate that efficient and effective SEARCH FOR SERVICE PROVIDER through our automated system depend upon yourself furnishing true, accurate, current, complete information and photos etc. We expect you to read the relevant column before keying in the details or selecting the option available or uploading the photo. You are requested not to key in details of the profile in field other than the applicable field (including mentioning id's of other platforms/websites/App or repeating your details in another fields, after filling them once in the relevant fields or others photographs. You further undertake that you alone shall be responsible or liable for any information provided to JAMESUNCLE. In order to serve you better if JAMESUNCLE requires additional details you agree to provide it. JAMESUNCLE shall reproduce the registered member details on "as is as available" basis to other registered members and JAMESUNCLE members shall be solely liable for the information given by such JAMESUNCLE member. You may also call to our customer care executive to assist you in getting your profile registered on our website/App. Further you may fill in your email id and phone number in any of our registration campaigns appearing in various websites as part of our advertisements, basis which you may receive call from our Customer care Center and assist you in getting your profile registered on our website/App. JAMESUNCLE may also reproduce your profile information in other consortium of websites owned by CENTROID TECHNICAL SERVICES to provide better service to you.

B. If at any point of time JAMESUNCLE comes to know or is so informed by third party or has reasons to believe that any information provided by you for registration (including photos) or otherwise is found to be untrue, inaccurate, or incomplete then JAMESUNCLE shall have full right to suspend or terminate (without any notice) your JAMESUNCLE membership and forfeit any amount paid by you towards JAMESUNCLE membership fee and refuse to provide JAMESUNCLE service to you thereafter.

C. JAMESUNCLE Membership is restricted strictly to the registered JAMESUNCLE individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of JAMESUNCLE and nor use the JAMESUNCLE Service or JAMESUNCLE members data for any commercial purpose, and JAMESUNCLE reserves its right to initiate appropriate legal action for breach of these obligation.

3) Role and Responsibility of JAMESUNCLE

A. JAMESUNCLE is an endeavor to help you find A SERVICE PROVIDER IN YOUR DAY TO DAY LIFE through of process of automated searching, short listing and contacting SERVICE PROVIDERS IN YOUR surrounding area amongst our registered members.

B. JAMESUNCLE reproduces your details once you register on our website /App on "as is as available" basis and also share your profile with other registered JAMESUNCLE members within our consortium of website(s).

C. JAMESUNCLE's obligation is only to provide an interface to its registered members to search their prospect themselves without any assistance from third party / persons from amongst the other registered members of the Website/App. You agree that the system generated search results of JAMESUNCLE are only of the profiles registered members on Website/App.

D. JAMESUNCLE's automated system offers SEARCHING OF SERVICE PROVIDER/RECEIVER profiles between its registered members based on the partner preference set by each such JAMESUNCLE member

A. E. The search conducted by any JAMESUNCLE member and the results thereof are automatically generated, and based on the SERVICE REQUIRED preference set by you. In the event JAMESUNCLE member changes their SERVICE REQUIRED preference on the Website/App, then the automated system generated prospect results of the Website/App may also undergo corresponding change.

E. JAMESUNCLE cannot guarantee or assume responsibility for any specific results from the use of the data available from the JAMESUNCLE service or from the consortium of websites/portal's of CENTROID TECHNICAL SERVICESS.

F. The JAMESUNCLE members agrees and understands that JAMESUNCLE may also allow third parties to provide JAMESUNCLE members services on the website, and JAMESUNCLE may also collect the payment for such third party services to you.

G. JAMESUNCLE shall safeguard sensitive user information using authentication mechanisms, access controls and encryption techniques.

H. JAMESUNCLE cannot guarantee the complete protection of user data while it is in transit, or prevent any tampering of the data by a third party with malicious intent before the data reaches the JAMESUNCLE servers

4) Role and Responsibility of JAMESUNCLE Member

To protect the broader interest of the registered JAMESUNCLE member and increase the efficiency, JAMESUNCLE members ensure to keep their username and password and OTP sent to their registered mobile number, safe and confidential for using the JAMESUNCLE services.
Any additional information / data required by JAMESUNCLE for using the JAMESUNCLE services shall be provided by the JAMESUNCLE Member, as and when so sought by JAMESUNCLE.
All technicians will be well equipped with the personal protective equipment and obey the personal and property safety rules according to their respective field and criteria.
At the time of working in client premises, proper care should be taken, so that no property damage is occurred.
After satisfactory performance by technician, client will pay him the agreed amount as fee or service charges.
Jamesuncle is not liable or responsible in any condition for any property damage, not liable in condition for not paying the service charges to technician. You are requested to come on an agreed amount before entering in to service with client.

5) JAMESUNCLE Members are expected to refrain from:

Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.
Violating any law for the time being in force.
JAMESUNCLE members are expected to visit URL https://www.jamesuncle.com, for understanding the safety measures on service provider search and awareness towards online safety.
JAMESUNCLE Members are expected to be cautious of prospects who ask for favors, money etc or call from multiple phone numbers.
You also agree that while accessing / using the Website/App, you will be guided by the terms and conditions of the Website/App including but not limited to the use of feature of website /App like chat instantly with customer care executive.
JAMESUNCLE member shall not assign or transfer your JAMESUNCLE membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and JAMESUNCLE shall retain their right under clause 2 (b) of this terms and conditions.
If the JAMESUNCLE Member fails to inform JAMESUNCLE, about any change in the particulars furnished by JAMESUNCLE member to other JAMESUNCLE member, then the JAMESUNCLE membership may be suspended by JAMESUNCLE at its sole discretion
JAMESUNCLE Members agree to use secure devices, software and networks for accessing the JAMESUNCLE services.
JAMESUNCLE Members shall not probe, scan or test the vulnerabilities of the JAMESUNCLE Website/App or any network connected to the Website/App nor breaches the security measures instituted by JAMESUNCLE.

6) Customer Care / Customer Service

In the event you come across any concerns in our service, then please be free to contact us

Email ID: admin@jamesuncle.com

Contact No: +919836243181

Address : Jamesuncle,

C/o, Centroid Technical Services,

P.Chatterjee Road, Sankata Pally , P.O. Ghola Bazar,

North 24 Parganas

West Bengal,

Kolkata -700111.

7) Medium of Communication to JAMESUNCLE Members

A. JAMESUNCLE member hereby consents for receiving communication including promotional communications through any medium of communications such as Emails and /or SMS/Calls from consortium of portals owned by Centroid Technical Servies or their alliance partners.

B. Centroid Technical Services, may contact the JAMESUNCLE member through any of the above media to share the profile of the members by way of internal messages / links. JAMESUNCLE member confirms that the mobile number submitted to it for verification or alternative number if any provided, is not registered with the Do Not Disturb / National Customer Preference Register and they shall not initiate any complaint. JAMESUNCLE Member further confirms that even if JAMESUNCLE Member is registered with the telecom service provider under the category Do Not Disturb / National Customer Preference Register the calls from JAMESUNCLE either to the verified mobile number or alternative number if any provided shall not be treated as promotional calls.

8) Confidentiality

JAMESUNCLE has reasonable processes and system in place to maintain confidentiality of all personal information other than those meant for sharing with the prospect furnished by JAMESUNCLE members and JAMESUNCLE may at its sole discretion and cost take bonafide steps for maintaining the confidentiality of the information in compliance with applicable law. However, JAMESUNCLE/JAMESUNCLE member may divulge such information if required by law.
Any feedback you provide to JAMESUNCLE shall be deemed to be non-confidential. JAMESUNCLE shall be free to use such feedback/information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of yourself or third parties; (ii) JAMESUNCLE member is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) you are not entitled to any compensation or reimbursement of any kind from JAMESUNCLE for the feedback under any circumstances.
You agree that JAMESUNCLE has all the right to process your data through the automated process to serve you with suitable technician profiles from JAMESUNCLE or its consortium of websites and may also send you communication in this regard.

9) Privacy of Membership

JAMESUNCLE has taken reasonable steps to protect the JAMESUNCLE member's privacy and shall take all reasonable efforts to protect any personal data provided to us through reasonable security safeguards against such risks as loss or unauthorized use, destruction, use, modification or disclosure of data etc.
Although we will strive to safeguard the confidentiality of your personally identifiable information, any information transacted over the Internet cannot be made absolutely secure. You also agree that the copying the data by using technology or any other new methods of data misuse/theft cannot be secured by JAMESUNCLE and that JAMESUNCLE will have no liability for any such act. JAMESUNCLE member understand and agree that JAMESUNCLE will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties. You also agree to keep your username and password confidential, to avoid any misuse of your profile at our Website/App.
Please read and comprehend our Privacy Policy, which also governs your visit to JAMESUNCLE, to understand our practices. JAMESUNCLE members agree that their profile(s) may be crawled and indexed by search engines, where JAMESUNCLE and its network does not have any control over the search engines behavior and JAMESUNCLE shall not be responsible for such activities of other search engines/third party websites.
You agree that, when you use third party services through Website/App, you hereby grant JAMESUNCLE the right to share your information needed for providing such third party services to you or in relation to processing your information for office use of JAMESUNCLE/its payment gateway and/or such third party service providers.

10) Grievance Officer

In the event you come across any violation by another user including but not limited to having content in the web site that is obscene, menacing, grossly offensive, harming minors, infringing copyright, patents, etc., or another user is impersonating etc. you may then please be free to provide your concerns in writing or email us with digital signature to:

Email: admin@jamesuncle.com,

Grievance Officer: Mr. Sibprasad Das

Contact Address :Centroid Technical Services

P.Chatterjee Road, Sankata Pally ,P.O. - Ghola Bazar,

North 24 Parganas, West Bengal,

Kolkata -700111

The Grievance officer shall be available between 10 am till 5 pm Indian Standard Time from Monday to Saturday excluding Sunday and public holidays in India. The Grievance officer is appointed as per Rule 3 (11) of The Information Technology (Intermediaries Guidelines) Rules, 2011. Any and all complaints to the Grievance Officer shall be in writing

A. The Grievance Officer shall handle complaints in relation to the following violation by the User of computer resource as the User is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the Website/App that -

Belongs to another person and to which the User does not have any right to;
Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defenses, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

B. Disputes between Members:

You, who searches the technician or service providers and the technician or service provider are both registered JAMESUNCLE members and are bound by these terms and condition. We request you to follow the guidelines..
JAMESUNCLE is not a broker or the agent of any JAMESUNCLE member and JAMESUNCLE does not take part in the exchange of any kind of discussion between the JAMESUNCLE members and prospects or the results of their discussion.
JAMESUNCLE Member's are solely responsible for the communications (through any medium) with client and technician or vice versa. JAMESUNCLE expressly disclaims any responsibility or liability for any transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any JAMESUNCLE members inter se via e-mail, chat, interaction or any other medium of communication between JAMESUNCLE members either using website /App or otherwise.
JAMESUNCLE has no obligation, to monitor any such disputes arising between the JAMESUNCLE members, and JAMESUNCLE shall not be party to any such dispute/litigation etc.

11) Content Right

www.jamesuncle.com is a domain registered in the name of Centroid Technical Services. You agree that all content of JAMESUNCLE belong to JAMESUNCLE excluding your or third party content including advertisement on the Website/App for which JAMESUNCLE has requisite license/right in terms hereof to display the same on our Website/App.
You acknowledge that you are responsible for the content (mandatory or optional content you provided on our website) and information including the profile details, photograph and other content(s) keyed in the relevant field of the Website/App at the time of the creation of the JAMESUNCLE profile or subsequently modified by you and also for all the post and communication (including personalized messages sent by JAMESUNCLE paid members) with other member(s). You hereby represent and warrant that you own all rights, title and interest in your content/information or have the necessary licenses, rights, consents, and permissions to provide the said content/information. However, by submitting the content/information to JAMESUNCLE, you hereby grant JAMESUNCLE a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, law enforcement agencies, courts, and the JAMESUNCLE's business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content/information (and derivative works thereof) in any media formats and through any media channels. JAMESUNCLE also reserves the right to block the registration of your profile on Website/App, if any, in the case of your contact details/links being entered in irrelevant fields or if there are errors in data entered by the JAMESUNCLE members in their profile.
While JAMESUNCLE does not accept any obligation to monitor the content/information, if the content/information is found not to be in compliance with these Terms, then JAMESUNCLE may delete the content/information and / or terminate or suspend your registration or (without a refund of any subscription paid by you in terms of clause 2 (b) of these terms and conditions). You agree that if the situation warrants JAMESUNCLE may at its sole discretion put restriction on any JAMESUNCLE member to other member's communications.
JAMESUNCLE reserves the right to suspend/delete the profile of the users who appropriate the name, likeness, email address, contact no or other personally identifiable information of another individual and JAMESUNCLE also reserves its right to initiate appropriate legal action against such individual/organization, as and when JAMESUNCLE get the knowledge of the same.
JAMESUNCLE is a brand owned by Centroid Technical Services, owns, retains and has complete rights in JAMESUNCLE and the JAMESUNCLE Website /App/ JAMESUNCLE Service.
JAMESUNCLE reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement by violators of the its proprietary rights or for illegally copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling of any such proprietary information including using it for commercial purpose in any manner whatsoever.
In the event we get a complaint against you and consequently we have suspended/deleted your profile in good faith, then we shall not be liable to you in any manner whatsoever, including for any loss, costs, expenses, or consequence, if any.

12) Third Party website

JAMESUNCLE member understand and agree that JAMESUNCLE may allow third parties to put up advertisements on the JAMESUNCLE application/Website/App and JAMESUNCLE does not control the contents of such third party advertisement on the JAMESUNCLE application/Website/App. Third party websites to which links are given on Website/App are not governed by these Terms and conditions and all such third party websites are governed by their own terms and conditions for use and privacy policy, and in case of conflict the terms and conditions of the third party website shall prevail. The Company does not in any manner whatsoever authenticate, endorse, verify or certify these third party websites or any contents therein. Please note that a user shall click on links to third party websites at his / her sole risk and responsibility.
The JAMESUNCLE members agrees and understands that JAMESUNCLE may also allow third parties to provide JAMESUNCLE members services on the website/App like horoscope matching etc., and JAMESUNCLE may also collect the payment for such third party services to you, and JAMESUNCLE in this regard can have revenue sharing arrangement with the such third party, however in no event shall JAMESUNCLE be liable to you for such third party services.
JAMESUNCLE reserves the right to add/delete/alter/modify/suspend any or all the JAMESUNCLE Services at any time as it may deem fit, without notice. The JAMESUNCLE members are expected to see the change on the Website/App.

13) Limitation of liability

JAMESUNCLE likes to inform you that the exchange of profile(s) through or by JAMESUNCLE should not in any way be construed as a matrimonial offer and/or recommendation and / or advice or guarantee given to the JAMESUNCLE member, from/ or by JAMESUNCLE.
JAMESUNCLE / JAMESUNCLE or its Office bearers shall under no circumstances be liable or responsible to the JAMESUNCLE member or his/her authorized Representative or Guardian or any third party for any direct, indirect, special, exemplary, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of our Website/App Third Party Website/ JAMESUNCLE services.
Notwithstanding anything to the contrary contained herein, JAMESUNCLE's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to JAMESUNCLE, for any specific JAMESUNCLE paid package, and no further.
JAMESUNCLE will not be liable in case of any fault made due to any available data/profiles from the JAMESUNCLE/JAMESUNCLE's consortium of websites.
JAMESUNCLE or its office bearers shall under no circumstances be liable, if any, JAMESUNCLE member enter into financial transaction with any client or third party.
Class Action Suits
You and JAMESUNCLE acknowledges that neither of us will bring or participate in any class action or other class proceeding in connection with any dispute with the other party. Further neither you nor JAMESUNCLE agrees to class arbitration.

14) General

The JAMESUNCLE Website/App shall be deemed to be used by you when it is loaded and/or continues to be loaded in temporary or permanent memory of your mobile phone, computer or any other device or in the internet browser thereof.
JAMESUNCLE website/App act's as an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
In the event you file a false complaint against another technician/client on our Website /App and consequently we have suspended/deleted that based on your complaint, then we reserve our right to initiate appropriate legal (Civil/Criminal) action against you and claim any and all costs expenses from you, for such irresponsible/misrepresentation/illegal/unlawful action. We also reserve our right to suspend your profile and forfeit any and all amounts paid by you for the JAMESUNCLE services as per clause 2 (b) of these terms and conditions.
Notwithstanding anything contained herein, JAMESUNCLE reserves the absolute right to delete, in any manner as it deems fit, any content of any profile listing placed on JAMESUNCLE/website/App (once such instance come to JAMESUNCLE notice) in order to ensure compliance with the rules of such placement, prima facie accuracy and the prevailing laws in force for the time being, especially those relating to providing any obscene, libelous, blasphemous, slanderous, defamatory or invasive of another person's (deceased or alive) right of privacy or publicity, or that may reasonably be deemed to be harmful, vulgar, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, nationality, gender or otherwise unfit for reproduction; or suggests or encourages unfair or illegal /indecent, unlawful activity. JAMESUNCLE also reserves the right to block/ delete / suspend the profile which might be offensive, illegal or that might violate the rights, harm or threaten the safety of our office bearers/employees (including undue communication with any employee) and/or other registered technicians/service providers and clients.
In case of conflict between the terms and condition of Website/App and terms and conditions of any other website including consortium of portal of JAMESUNCLE, the terms and condition of JAMESUNCLE Website/App shall prevail for the service provided through this Website/App.
After the expiry of the JAMESUNCLE paid package, the JAMESUNCLE membe's profiles shall remain on JAMESUNCLE/consortium of portals from JAMESUNCLE itself, until the JAMESUNCLE member intimate the removal of his/her profile from the Website .

15) Disclaimer

Your access to and use of the JAMESUNCLE Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE JAMESUNCLE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, JAMESUNCLEDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JAMESUNCLE does not warrant that the Website/App, its servers, or e-mail sent from JAMESUNCLE are free of viruses or other harmful components. JAMESUNCLE will not be liable for any damages of any kind arising from the use of this JAMESUNCLE Website/App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
JAMESUNCLE does not give any implied or explicit guarantee or warranty of marriage or alliance by you choosing to register on our Website/App and using JAMESUNCLE services (both paid and free).
You agree to provide us with your Permanent Account Number / Form 60/61 of the Income Tax Act, 1961 and rules there under in the event you choose any paid package of JAMESUNCLE, the value of such paid package being Rs.3,000/- [Rupees Three thousand Only] and above from JAMESUNCLE.
Notwithstanding anything contrary contained anywhere, under no circumstances, JAMESUNCLE shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:

any act or omission done by JAMESUNCLE/JAMESUNCLE/payment gateway/alliance partner etc.;
any untrue or incorrect information submitted by you or on your behalf;
any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user (including suspension/deletion of the profile from JAMESUNCLE);
any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;
any cybercrime attempted or committed by anyone and
any incident of force-majeure or 'act of god'.
Any issue already stated in these terms and conditions including limitation of liability clause of these terms and conditions.
Any link to the social media provided through Trust Badge. You also understand and agree that JAMESUNCLE is not counterchecking or authenticating the veracity of the data/photocopies of documents provided by any JAMESUNCLE member while giving Trust Badge. JAMESUNCLE Members are expected to counter check the veracity of the documents submitted by the prospects while short listing the prospect and satisfy themselves before making a choice of your match through adequate efforts, initiatives and due diligence. JAMESUNCLE do not claim the authenticity or ownership of the home or office address scheduled for an appointment as being the member's actual or legal place of residence or employment respectively. JAMESUNCLE Members are requested to exercise due care and caution while short listing the prospect and satisfy themselves before making a choice of your match through adequate efforts, initiatives and due diligence. JAMESUNCLE will not be liable for any damages of any kind arising from the use of this Website/App including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
JAMESUNCLE shall not be liable for the outcome of during any interaction in a meeting, call, sms, chat, email or social media posts at any point of time
Any issues relating to any technical malfunction of any telecommunication network, software, hardware failures, network congestion, denial of service, failure due to spamming or any combination of the above.

You expressly agree that your use of this Website/App is at your sole risk.

16) Indemnity

By using our JAMESUNCLE services you agree to defend, indemnify, and hold harmless JAMESUNCLE, its subsidiaries, affiliates, Directors, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, damage, liability, claim, or demand, including reasonable attorney's fees, made by any person through improper use of the service provided by JAMESUNCLE. This defense and indemnification obligation will survive in perpetuity.

17) Breach

You agree that if we receive feedback/ complaints against your profile in relation to the facts that you are seeking physical / financial favors from our other registered members or have provided incorrect information on our website/App or committed any unlawful/illegal activities through the use of our website/App or created a profile on our website /App by impersonation/ fake/ bogus/ false/ misrepresentation/ without consent of the person who's profile is being registered or use only part information including using photo of third parties without the permission of such third parties or act with other members/employees in indecent/improper manner, then we/JAMESUNCLE in good faith reserve our right to suspend/delete your profile at our sole discretion without any notice to you, we also reserve to stop all JAMESUNCLE services to you and take any action as mentioned in clause 2 (b) of the Terms and Conditions.
JAMESUNCLE reserves the right to forthwith terminate your JAMESUNCLE membership, block/delete your profile and forfeit entire amount paid as membership fee; if at any time JAMESUNCLE, in its sole discretion, is of the opinion or has any reason to believe that, you have violated these Terms and conditions of use. We also reserve our right to file appropriate police complaint against you, if the breach of these terms and conditions is/are criminal in nature.

18) Termination

Unless otherwise provided in these Terms and Conditions, JAMESUNCLE membership may be terminated by JAMESUNCLE / you without assigning any reasons by serving 7 days written notice on the other, all amount paid till date by you to JAMESUNCLE shall be forfeited.
Upon termination / suspension of JAMESUNCLE membership, your right to use or access the JAMESUNCLE Website/App JAMESUNCLE services will cease immediately. All provisions of this terms and conditions that by their nature should survive termination shall survive termination, including, without limitation, disclaimers, and limitations of liability. Termination of your access to and use of the JAMESUNCLE Services shall not relieve you of any obligations arising or accruing prior to such termination.

19) Jurisdiction and Applicable Law

The registration of JAMESUNCLE membership and all JAMESUNCLE services are deemed to have been entered into within the territorial Jurisdiction of Kolkata, India.
The JAMESUNCLE Members unconditionally agree that all such disputes and / or differences if any shall be governed by the Laws of India and submitting to the exclusive Jurisdiction of appropriate court of law in West Bengal, Kolkata, India.
You hereby, unconditionally and irrevocably confirm that you have read terms and conditions and agree to abide by them and the information provided by you is true and correct.

20) Trust Badge

We may provide Trust Badge to you (applicable for select locations in India only) which encompasses Identity Badge, Social Badge, Professional Badge and Reference Badge. Details mentioned below need to be provided for obtaining the relevant Badges:

Social Badge: Social media account maintained with facebook / Twitter / Linkedin.
Reference Badge: The name, address and contact details of your friends / relatives.
Identity Badge: Copy of any government issued photo ID Cards like Passport, Pan card, Aadhaar, Election ID Card, Ration Card, etc.
Professional Badge: Copy of Educational certificate.
Employment Badge: Copy of Trade license, trade certificate

If you opt to avail our verification and Trust Badge service offered by us, you agree to provide the copy of documents to prove your name, educational qualification, income, family photo, residence / office address, marital status (if applicable). Once verification is rendered satisfactory, the member's respective Badges are activated online.. However, JAMESUNCLE does not verify the origin, genuineness, legality of the documents or take any responsibility of the same. Based on the data provided during verification, if there is difference in the data provided in your profile, JAMESUNCLE reserve the right to suspend the profile.
If at any time you happen to edit the details which were provided or verified by JAMESUNCLE then the trust badge/verification seal will be removed forthwith.
For Social and Reference Badge entire details is provided by the member on their own and the same will be visible to the general public. Whereas JAMESUNCLE will maintain confidentiality of all copy of the documents provided by you in respect of Identity / Professional Badge and shall take all possible and /or bonafide steps for maintaining the confidentiality. The same will not be made visible to the others members. However, JAMESUNCLE may divulge such information if required by law or to law enforcement agencies or courts without any intimation to you.
If JAMESUNCLE has reason to believe that the proof provided by you is suspicious, then JAMESUNCLE reserves the right to remove the authentication seal or suspend, remove, delete the profile at its own discretion.
Issuance of Verified or Trust Badge would depend upon your willingness to provide copy of the documents or references or tagging of social media accounts

21) Mode of Payment

Payment made by cash / cheque / Net Banking / Debit / Credit Card would be in accordance with the prevailing RBI guidelines. Activation of paid JAMESUNCLE service shall be subject to realization of the said payment. In case of dishonor of Cheque/demand draft; you shall be liable to pay applicable bank's cheque/DD bouncing charges. Further JAMESUNCLE service to your account will be deactivated / suspended until you settle the value of the payment and applicable bank charges in cash.
JAMESUNCLE uses third party payment gateways for collection of credit/debit card or other payment instruments. In case of payment gateway failure the same would be communicated to the JAMESUNCLE member by the payment gateway provider. JAMESUNCLE shall not be responsible for Extra currency/conversion charges/deductions/error issues from payment gateway. In the case of failed online transactions, which result in no services, JAMESUNCLE offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts through the payment gateway.
You agree to provide us with your Permanent Account Number / Form 60/61 of the Income Tax Act, 1961 and rules thereunder in the event you choose any paid package of JAMESUNCLE, the value of such paid package being Rs.2,00,000/- [Rupees Two Lakh Only] and above from JAMESUNCLE.

22) Renewal

The payments made by JAMESUNCLE member to JAMESUNCLE by way of registration / membership / renewal fee / auto renewal is /are treated as non-refundable. Payment once made for JAMESUNCLE services cannot be assigned to any person/party or adjusted towards any other product or packages provided by the Company. Members of the JAMESUNCLE package agree that the package shall be "auto-renewed" for the duration and at the cost prevailing at that point of time. The maximum tenure of any packages will be 12 (Twelve) months and post the said period, the said packages will be renewed. However the member(s) can cancel the subscription by following the process of cancellation as mentioned in the website/app or the member(s) had informed the company that he is not willing to renew it.

23) Your Mobile network

You acknowledge that the terms of agreement with your respective mobile network provider ('Mobile Provider') will continue to apply when using the app. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the app or any such third party charges as may arise. You accept responsibility for any such charges that arise.
This app is available to handheld mobile devices running Android Operating System / Apple Operating System. We will use reasonable efforts to make the app available at all times. However you acknowledge the app is provided over the internet and mobile networks and so the quality and availability of the app may be affected by factors outside our reasonable control. We reserve the right to add/delete/alter/modify/suspend any or all the Services at any time as it may deem fit, without notice.
It is our discretion to update/maintain our app or to remove any features from our app as we may think fit. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones
as a result of the installation or use of the app. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the app.

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