|Welcome to WhereCity.com, an online progressive lifestyle portal, operated by WhereCity.com Private Limited. By using the WhereCity.com online service (the "WhereCity.com service"), you accept and agree to be bound by the following terms and conditions and WhereCity's general terms and conditions (together, the "Terms of Service"). Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
Changes to WhereCity.com and terms and conditions
We reserve the right to modify or terminate the WhereCity.com service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility and Registration
Minors below the age of 18
We recommend that minors below the age of 18 ask their parents/guardians for permission before sending any information about themselves to anyone over the Internet. You must have a WhereCity Account to use WhereCity. In addition, you must provide true, accurate and complete registration information to be a WhereCity.com member ("Member"). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Listings: Paid Service
Restaurant, club, pub, lounge and spa owners are given a provision to activate a paid listing on WhereCity whereby WhereCity will for the stipulated (chosen by Member) period provide a comprehensive listing and login feature to the owners. The service is automatically activated using the WhereCity website. This service listing remains active for the period chosen by the owner (on payment of requisite fees) and can be renewed or terminated at any time. Upon termination by the owner, requisite fees on a pro-rated basis will be refunded to the owner. WhereCity reserves the right to terminate account if it is determined to be fraudulent, inappropriate or violates the terms and conditions set forth by WhereCity.
Appropriate conduct and content; Personal use only
The WhereCity.com service is made available for your personal and commercial use only. Businesses organizations or other legal entities may not use the WhereCity.com service for any purpose other than official registrations of restaurant and spa listings as belonging to a particular merchant, subject to appropriate fees. The paid classifieds section is accessible to all but can only be populated by a user on payment of requisite fees.
Before acting on or implementing any suggestions, responses or material available on WhereCity.com in respect of content delivered on the WhereCity website, it is recommended that you obtain professional advice. Whilst we will take all reasonable precautions to ensure that such suggestions, responses or material are safe, we will not be responsible for any and all consequences of any nature whatsoever arising out of such suggestions, responses or material.
You may not use the WhereCity.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the WhereCity.com service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Other examples of illegal or unauthorized uses include, but are not limited to:
• modifying, adapting, translating, or reverse engineering any portion of the WhereCity.com service;
• removing any copyright, trademark or other proprietary rights notices contained in or on the WhereCity.com service;
• using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the WhereCity.com service;
• collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
• reformatting or framing any portion of the web pages that are part of the WhereCity.com service;
• creating user accounts by automated means or under false or fraudulent pretenses;
• creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service;
• submitting Materials of any third party without such third party's prior written consent;
• directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
• submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by WhereCity.com;
• submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
• transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• submitting Materials that are unlawful or promote or encourage illegal activity;
• submitting false or misleading information.
While WhereCity.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the WhereCity.com service at your own risk.
WhereCity.com's proprietary rights
WhereCity.com and its affiliates and licensors own and retain all rights in the WhereCity.com Web site and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by WhereCity.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of WhereCity.com's proprietary information. "WhereCity" and "WhereCity.com" are trademarks of WhereCity.com.
Disclaimer of warranties
WhereCity.com and its affiliates, licensors, partners, suppliers, consultants and agents ("WhereCity") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the WhereCity.com service. WhereCity disclaims any and all responsibility and liability for the conduct of any Member.
THE WHERECITY.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE WHERECITY.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WHERECITY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU AGREE THAT YOUR USE OF THE WHERECITY.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.
Warranty & Quality of Classifieds Content
WhereCity.com provides paid classified listings to everyone. By no means does WhereCity.com guarantee the quality of these services nor the legality of their practices. WhereCity.com merely provides a listing. Quality and legality of the services are the responsibility of the Service Provider and under no circumstances will WhereCity.com be held liable for any damages arising out of the use of these services. These services may be used at the discretion of the Member or visitor.
Hold harmless and indemnity
You agree to hold harmless and indemnify WhereCity from and against any third party claim arising from or in any way related to your use of the WhereCity.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, WhereCity will provide you with written notice of such claim, suit or action.
Limitation of liability
UNDER NO CIRCUMSTANCES WILL WHERECITY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE WHERECITY.COM SERVICE, WHETHER OR NOT WHERECITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WHERECITY.COM SERVICE, FROM INABILITY TO USE THE WHERECITY.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WHERECITY.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL WHERECITY BE LIABLE TO YOU FOR ANY FINANCIAL AMOUNT.
Term and Termination
These Terms of Service will apply to your use of the WhereCity.com service. At any time, you can terminate your account, which will remove your profile and other personal information from view. To learn how to terminate your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the WhereCity.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
WhereCity may provide you with notices regarding the WhereCity.com service or these Terms of Service by regular mail, email, or postings to this Web site.
These Terms of Service will be governed by and construed in accordance with the laws of India, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the civil courts located in the city of Mumbai, Maharashtra, India. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall WhereCity be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and WhereCity with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.