User Agreement
You are welcome to visit or use our product and service provided by Magicnation Community. This Website is owned and operated by Honortech Universal Private Limited (“Company”) having its office situated at Honortech Universal Private Limited
10th Floor, Tower C, Building Number 8, DLF Cyber City,
Gurugram-122002, Haryana
, India. This User Agreement shall have legal effect governing the right and obligations between you and Company. You agree to be bound by terms of this User Agreement once you register or continue to use Magicnation Community Services. Your use of the Site shall be governed by this User Agreement along with the Privacy Policy, terms and conditions as modified and amended from time to time. By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by this User Agreement, whether you have read the same or not. Your accessing, browsing or otherwise using the site indicates your unconditional agreement to all the terms and conditions in this agreement. If you do not agree to any of the terms enumerated in the User Agreement, please do not use the Site. Company reserves the right, at its sole discretion, to change, modify, add or remove portions of terms of User Agreement, at any time. It is your responsibility to check these Terms of User Agreement periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of User Agreement, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1. Use of Website
You may be required to register an account on the Website when you use any of our services on the Website. If you have registered for an account on the Website, you can use these registration details to access your user account on the Website. You must make sure that all information that you submit during registration (including, but not limited to, information about your identity, mobile number, address, and email) is correct and is your own information. You will be responsible for promptly updating your registration information if there is a change in any detail after you have registered your account.
2. Account, Password and Security
You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You should keep your account details safe and change the passcode regularly, and you agree to follow all steps instructed of the Website if you lose your account password or discover unauthorized use of your account by third parties. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information'. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Company’s and Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
3. Privacy
We understand the importance of safeguarding your personal information and committed to protecting your Privacy. We comply with our obligation under applicable Data Protection Laws. Please see our Privacy Policy for more information. Apart from this User Agreement, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by the Company in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the Company.
4. Intellectual Property Rights (IPR)
All copyright, trademarks, design rights, and other intellectual property rights (registered and unregistered) on the Website and all content (including all text, images, sound, software, and other material) located on the Website are Property of Company. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of the Company are the intellectual property of the Company. We grant you a non-exclusive, revocable, non-transferable right to use the Website for your own personal and non-commercial use. Any other use of Website Content requires our prior written permission.
5. Disclaimer of Warranty
THE SITE IS PRESENTED "AS IS." WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
6. Indemnity
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any
and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the User Agreement.
7. Limitation of Liability
In no event will Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Company has been advised of the possibility of such damages.
8. Termination
This User Agreement is effective unless and until terminated by us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this User Agreement. If in our sole judgment you fail, and/or we suspect that you have failed, to comply with any term or provision of these terms, we may terminate this Agreement at any time without notice and we may deny you access to the Website and/or any products or services made available on the Website. The above does not affect our right to claim indemnities where we are entitled to do so because of your failure to comply with the User Agreement.
9. Governing Law and Jurisdiction
This User Agreement, its performance or any other matter shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Gurugram shall have exclusive jurisdiction.
10. Miscellaneous
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. If any part of this User Agreement is held to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such invalid or unenforceable provision will be replaced with a valid, enforceable provision that best fit the intent of the original provision and the remainder of the User Agreement shall continue to be in effect.
11. If you have any comments, suggestions or questions about the Agreement or our products or services, please feel free to contact us at below address:
E-mail:community@magicnation.in
10th Floor, Tower C, Building Number 8, DLF Cyber City,
Gurugram-122002, Haryana
, India. This User Agreement shall have legal effect governing the right and obligations between you and Company. You agree to be bound by terms of this User Agreement once you register or continue to use Magicnation Community Services. Your use of the Site shall be governed by this User Agreement along with the Privacy Policy, terms and conditions as modified and amended from time to time. By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by this User Agreement, whether you have read the same or not. Your accessing, browsing or otherwise using the site indicates your unconditional agreement to all the terms and conditions in this agreement. If you do not agree to any of the terms enumerated in the User Agreement, please do not use the Site. Company reserves the right, at its sole discretion, to change, modify, add or remove portions of terms of User Agreement, at any time. It is your responsibility to check these Terms of User Agreement periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of User Agreement, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1. Use of Website
You may be required to register an account on the Website when you use any of our services on the Website. If you have registered for an account on the Website, you can use these registration details to access your user account on the Website. You must make sure that all information that you submit during registration (including, but not limited to, information about your identity, mobile number, address, and email) is correct and is your own information. You will be responsible for promptly updating your registration information if there is a change in any detail after you have registered your account.
2. Account, Password and Security
You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You should keep your account details safe and change the passcode regularly, and you agree to follow all steps instructed of the Website if you lose your account password or discover unauthorized use of your account by third parties. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information'. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Company’s and Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
3. Privacy
We understand the importance of safeguarding your personal information and committed to protecting your Privacy. We comply with our obligation under applicable Data Protection Laws. Please see our Privacy Policy for more information. Apart from this User Agreement, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by the Company in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the Company.
4. Intellectual Property Rights (IPR)
All copyright, trademarks, design rights, and other intellectual property rights (registered and unregistered) on the Website and all content (including all text, images, sound, software, and other material) located on the Website are Property of Company. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of the Company are the intellectual property of the Company. We grant you a non-exclusive, revocable, non-transferable right to use the Website for your own personal and non-commercial use. Any other use of Website Content requires our prior written permission.
5. Disclaimer of Warranty
THE SITE IS PRESENTED "AS IS." WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
6. Indemnity
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any
and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the User Agreement.
7. Limitation of Liability
In no event will Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Company has been advised of the possibility of such damages.
8. Termination
This User Agreement is effective unless and until terminated by us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this User Agreement. If in our sole judgment you fail, and/or we suspect that you have failed, to comply with any term or provision of these terms, we may terminate this Agreement at any time without notice and we may deny you access to the Website and/or any products or services made available on the Website. The above does not affect our right to claim indemnities where we are entitled to do so because of your failure to comply with the User Agreement.
9. Governing Law and Jurisdiction
This User Agreement, its performance or any other matter shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Gurugram shall have exclusive jurisdiction.
10. Miscellaneous
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. If any part of this User Agreement is held to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such invalid or unenforceable provision will be replaced with a valid, enforceable provision that best fit the intent of the original provision and the remainder of the User Agreement shall continue to be in effect.
11. If you have any comments, suggestions or questions about the Agreement or our products or services, please feel free to contact us at below address:
E-mail:community@magicnation.in
