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Terms and Conditions

DISCLAIMER

Obituryads is not liable for any inaccurate / misleading information/ advertisement. It is the responsibility of end-user to research /verify / accept bonafide’ content. Obituryads is not responsible for the consequences of any actions taken based on the information provided on the website. Buying and selling through Obituryads is available only to individuals who confirm all the valid and legal requirements to enter into a valid contract enforceable under the law.

CONTENT

The Advertiser states that the contents of the advertisement given by him/her are true and correct and that nothing has been concealed from the newspaper and is in compliance with the laws in India. The Advertiser stands by the content of the said advertisement and indemnifies the Newspaper/ portal / website of any action legal/civil that may follow because of the publication of the said advertisement.

Under no circumstances will Obituryads be liable for any loss to the advertiser for any error or omission on part of the publication. Cancellations and alterations will be accepted only in writing given to Obituryads with at least 7 days prior notice and will be executed under our cancellation policy.

UTMOST GOOD FAITH

All Ads are accepted in good faith and Obituryads.com accepts no responsibility whatsoever regarding the bonafides of the Advertisers’, nor can any interviews be granted or correspondence entered into regarding any advertisement published.

CONTENT OF ADVERTISEMENT

All information of whatsoever nature received from the user/advertiser is taken in good faith, without suspecting the bonafides of the advertiser. The contents of the advertisement is believed to be true and correct and in compliance with the laws of India.

INDEMNIFY

The advertiser indemnifies Obituryads for any action or claim by any third party resulting from any advertisement instructed by the advertiser or its agency.

LIMITATION OF LIABILITY

Under no circumstances will Obituryads be liable for any loss to the advertiser for any error or omission. Cancellations and alterations will be accepted only in writing.

MODIFICATIONS TO TERMS AND CONDITIONS

Obituryads in its sole discretion shall reserve the right to modify the Terms & Conditions at any time and without prior notice to its users/advertiser, and edit, modify and alter the content of the advertisement. User agrees that the online advertisements placed with Obituryads shall be reflected within 48 hours.

RESCHEDULING ADVERTISEMENTS

Obituryads reserves the unqualified right on behalf of the publication to decline, change or reschedule any advertisement/listing notwithstanding earlier acceptance by us or even if payment for the advertisement has been made. The conditions contained along with its modifications if any shall always govern the acceptance and publication of any advertisemen

APPLICABLE TAXES AND COSTS

User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Obituryads service. We may also, in our sole discretion, add or delete fees associated with the Service.

DISCLAIMER OF WARRANTIES

User agrees that use of the service is at user’s sole risk. The service is provided on an “as is” and on an “as available” basis. Obituryads expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.

NO WARRANTY OF SERVICE

Obituryads makes no warranty that the service will meet user’s requirements, that the service will be uninterrupted, timely, secure, or error free; nor does Obituryads make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.

USER DATA

The user gives Obituryads exclusive, worldwide, royalty-free, irrevocable, sublicense able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in the user listings. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by the surfer, (the “User”) to Obituryads with the exception of trading data, credit card numbers, checking account numbers, etc. “Individually Identifiable User Data” shall mean that subset of “User Data” which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of Obituryads. The user shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.

NOTICE TO ADVERTISER/USER

Notice: Any notice to the advertiser/user or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms & Conditions or other matters related to Obituryads by displaying notices to Users on the Service.

EXCLUSIVE AGREEMENT

This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.

GOVERNING LAW

These Terms & Conditions and the relationship between User and Obituryads shall be governed by the laws of the State of West Bengal, without regard to its conflict of law provisions. User and Obituryads agree to submit to the personal and exclusive jurisdiction of the courts located within the State of West Bengal.

FILING OF CLAIM

User agrees 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 must be filed within 15 days after such claim or cause of action arose or be forever barred.

ACCEPTANCE OF ADVERTISEMENTS

Obituryads is accepting the advertisements only on behalf of the publications featured on the site. It is in no way responsible for any delay by the publications to discharge any of their obligations towards the users.

SCHEMES, DISCOUNTS, SERVICES AND PUBLICATIONS

Obituryads shall reserve the sole discretion and irrevocable right to offer / not offer schemes / services/products/new features/discounts / promotional packages on its web site exclusive to any existing or future media, known or unknown mode and vice versa.

CANCELLATION OF CONTENT AND ITS CHARGES

Obituryads shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the advertiser shall be at the applicable rates laid down in the cancellation and refund policy.

REPORTING VIOLATIONS OF TERMS AND CONDITIONS

Please help us keep the Obituryads site an enjoyable experience for all Users. If users observe materials or behavior that may violate or are in violation of the Obituryads Terms & Conditions, users are requested to contact Obituryads.

GENERAL INFORMATION

Each & every term & condition mentioned herein forming the ‘general terms and conditions’ shall be automatically applicable and shall govern the terms and conditions for every advertisement published and ignorance of these terms and conditions shall be no defense and cannot be a ground for non-applicability of these general terms and conditions.

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