TERMS OF SERVICE

 

Welcome to WarmConnect service (henceforth referred to as the "Service"). We provide the Service to you on the following Terms and Conditions.

By using the services, you agree to use the Service consistent with these Terms and Conditions and with all applicable laws and regulations. We may modify these Terms and Conditions from time to time. If we do, we will notify you by posting the amended Terms and Conditions on the Service. Please read these Terms and Conditions carefully. We will not notify you before we terminate the Service for violation of these Terms and Conditions. If we terminate the Service to you, we may not reinstate it in our sole discretion.

 

A. RULES FOR USING THE SERVICES

1. YOUR RESPONSIBILITIES:- You are solely responsible for the content of your messages and Web pages. You are not permitted to transmit messages on the Service that (a) infringe any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, abusive, pornographic or obscene; (d) contain viruses or other similar harmful or deleterious programming routines; or (e) contain deliberate links to any sites that include any such content. Do not use the Web space on the Service to provide material that is grossly offensive to the Web community, including blatant expressions of bigotry, racism, hatred, or profanity, or for promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.

2. SPAMMING IS PROHIBITED:- We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes sending any form of e-mail that can be interpreted as junk e-mail or bulk e-mail that the recipient has not specifically requested from you. We reserve the right to take legal and technical remedies to prevent you from spamming. If you send any spam we may penalize you by terminating the Service to you and through any other remedies we may have available with us. We reserve the right to remove any accounts advertising or distributing software or services that may contribute to news or e-mail spamming.

2. CHERRY PICKING OF BLENDED ROUTES IS PROHIBITED:- We will determine in our sole discretion whether you are cherry picking any blended route you have been provided. For your information, cherry picking of a blended route means picking most favourable routes from within the blended route to create a mix of your own. We reserve the right to block your account to prevent you from cherry picking and use any other remedies we may have available with us.

 

B. OUR PRIVACY POLICY

1. PRIVACY OF YOUR ACCOUNT:- We consider your registration data and the content of all of your messages to be private. We will not intentionally, monitor or disclose any of your messages or registration data unless we believe in good faith that we must do so (i) to enforce these Terms and Conditions, (ii) because we are required to do so by law, (iii) to defend us in any action or to protect our property. Additionally, you agree to respect the privacy and confidentiality of others. Since privacy is a function of your password, we encourage you to change your password frequently and to not share it with anyone.

2. PRIVACY OF YOUR REGISTRATION DATA:- You understand that we will disclose statistics about our aggregate registration information in connection with our marketing activities. In case you choose to receive services from third parties associated with us, you grant us the right to disclose your individual registration data to those third parties in order to fulfill your requests. You also understand that third party service providers have individual policies towards the privacy of customers' information, which may differ from ours. Furthermore, if you elect to receive advertising and promotional offers in your mailbox, we may use your individual registration data to target them to you. We will not send you unsolicited commercial offers.

C. ABOUT YOUR ACCOUNT

1. REGISTRATION DATA:- You agree to provide us with current, complete, and accurate registration information in the registration process and to maintain and update your registration information as necessary to keep it current, complete and accurate.

2. PERSONAL USE:- You acknowledge that only you are authorized to use your account. You agree to be fully liable for the use of the Service, including authorized or unauthorized use of the services by a third party. You agree to notify us immediately if you become aware of any unauthorized use of your account. The Service is not responsible for the content of any Web page hosted on the Service and the opinions and views expressed in the Web pages hosted on Service do not necessarily reflect those of Service. The contents of the Web pages hosted on Service are not reviewed in any way before they appear on Service.

3. E-MAIL RETENTION:- You must remember to frequently check your mailbox for messages. All email that you receive in your mailbox that you do not open for more than ninety (90) days may be deleted and you will not be able to recover it.

4. MAILBOX ACTIVITY:- You must remember to login to the Service frequently. If you have not logged in to your mailbox for a period exceeding ninety (90) days, we may classify your mailbox as inactive. We may delete any existing mail, whether it is opened or not, from your mailbox if your mailbox is inactive. In addition, we may return incoming mail as "undeliverable" if your mailbox is inactive.

5. CANCELLING YOUR MAILBOX:- If your mailbox is cancelled by you or by us, all e-mail, including any attachments will automatically be deleted.


D. REFUNDS

1. ON CANCELLATION BY US:- You will not be entitled to a refund in the event we cancel your Service for a violation by you of these Terms and Conditions.

2. NON-USE:- Notwithstanding anything to the contrary herein, in no event will you be entitled to a refund of any portion of the Service fees because you have not used the Service.

 

E. OTHER PROVISIONS

1. PROPRIETORY RIGHTS:- We or our partners or advertisers may provide you with content such as text, software, music, sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. You may use this material only as expressly authorized by us or our partners or advertisers and you may not copy, transmit or create derivative works of such material without express authorization.

2. INDEMNIFICATION:- You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorneys' fees, caused by or arising out of claims made against us based upon the use of your mailbox.

3. SURVIVAL OF TERMS AND CONDITIONS:- You must adhere to these Terms and Conditions as so long as you are using the Service. Either you or we may terminate your mailbox at any time, with or without cause. The following provisions of these Terms and Conditions will survive any termination: Rules for Using the Service, Our Privacy Policy and Other Provisions.

4. DISCLAIMER OF WARRANTIES:- YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAY CHANGE THE FEATURES OR FUNCTIONALITY OF THE SERVICES AT ANY TIME, IN OUR SOLE DISCRETION. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICES OR THAT THE DEFECTS IN THE SOFTWARE WLL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/ OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIAL AND/ OR DATA.

WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

5. LIMITATION OF LIABILITY:- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTION IN COMMUNICATIONS, LOSS OF DATA OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU ALSO AGREE THAT YOUR SOLE REMEDY UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT IS CANCELLATION OF THE SERVICE.