Terms of Use
Last updated
December, 2007.
You Agree to
These Terms by Using this Site
Your access to, and use of, this Website (collectively referred to as the
“Site”) is subject to the following Terms of Use and all applicable laws and
regulations. By accessing and using the Site, you accept, without limitation or
qualification, these Terms of Use, and acknowledge that any other agreements
between you and MagicMandi are superseded with respect to this subject matter.
If you do not agree and accept, without limitation or qualification, these Terms
of Use, you must exit the site immediately, not use the files herein, and/or not
subscribe to this service.
Limitations of
Use
The information and materials on this website are provided for general
informational purposes. You may use this site solely for the purpose of
learning about and/or purchasing the services and products, or for your personal
use of any tools and downloads available on this site. You may not use,
reproduce or distribute the text, graphics, downloads, tools or any other
content on this website for any commercial, non-commercial or any other purpose
not outlined in this agreement.
Disclaimer of Warranties
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions may not apply
to you. Without limiting the foregoing, MagicMandi (or Lakshya Systems) neither
warrants nor represents that your use of any Content will not infringe the
rights of any third parties nor that the Content will be accurate, complete or
up-to-date. Additionally, with reference to any discussions, chats, postings,
transmissions, bulletin boards, and the like that may be on the Site, MagicMandi
(or Lakshya Systems) assumes no responsibility or liability arising from any
infringing, threatening, false, misleading, abusive, harassing, libelous,
defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offense, give rise to civil liability, or otherwise
violate any law, contained in any such locations on the Site.
Exclusion of
Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MagicMandi (or Lakshya
Systems), NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR
ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not
allow the exclusion of certain damages, so some of the above exclusions may not
apply to you.
Third Party
Disclaimer
MagicMandi (or Lakshya Systems) may provide hyperlinks to third party websites
or other resources solely for your convenience.
MagicMandi (or Lakshya Systems) does not control, and is not responsible for,
the content or privacy policies on, or the security of, such sites. Without
limiting the foregoing, MagicMandi (or Lakshya Systems) specifically disclaims
any responsibility if such sites:
·
infringe any third party's intellectual property rights;
· are inaccurate, incomplete or misleading;
· are not merchantable or fit for a particular purpose;
· do not provide adequate security;
· contain viruses or other items of a destructive nature; or
· are libelous or defamatory.
Neither does MagicMandi (or Lakshya Systems) endorse the content, or any
products or services available, on such sites. If you visit such sites or
establish a link to such sites or the Site, you do so at your own risk and
without the permission of MagicMandi (or Lakshya Systems).
Copyright
Any Content
downloaded by you from this website, including, without limitation, any files,
images incorporated in or generated by the software, and data accompanying the
software (collectively referred to as the "Content") is licensed to you by
MagicMandi (or Lakshya Systems). Downloading the Content does not transfer title
to the Content, or any intellectual property rights therein, to you. You may not
redistribute or sell the content.
This website
contains copyrighted materials, animations, photographs, images, videos,
footage, text, music, and sounds (collectively referred to as the "Content"). It
is illegal to duplicate, download or distribute any Content from this Site
except for your use. You may not use photos or images of people or identifiable
entities in any manner that suggests the endorsement or association of any
product or service or in connection with any pornographic or immoral materials.
If you believe
that content appearing on the Site constitutes copyright infringement of another
party's rights, please contact us at (0265)6640759 or 9998070718.
Revisions to the
Terms
MagicMandi may at
any time, and without notice, revise this Terms of Use statement by updating
this posting. You are bound by any such revisions and should therefore
periodically visit this page to review the current Terms of Use statement.
This is the Privacy Policy
governing your use of the MagicMandi Site. By using this Site, you consent to
our Privacy Policy set out below. All terms not defined in this document have
the meanings ascribed to them in the Terms of Use Agreement between you and
MagicMandi which by use of this Site you agree to accept.
The Information We
Collect
Registration Information:
At the time you register to become a Registered User of the Site, you will be
asked to complete a registration form which requires you provide information
such as your name, address, phone/fax number, email address and other personal
information as well as information about your business.
Publishing Information: If
you submit any information to MagicMandi to be published on the Site through the
publishing tools, including but not limited to Company Profile, Product Catalog,
Trade Leads, and any discussion forum, then you are deemed to have given consent
to the publication of such information.
Payment Information: If
you establish a credit account with us or our providers or if you purchase a
product or service from MagicMandi or a vendor available through MagicMandi, we
may collect additional information, including billing information, credit card
numbers and expiration dates and tracking information from cheques or money
orders.
Statistical Information:
In addition, we gather aggregate statistical information about our Site and
Users, such as IP addresses, browser software, operating system, pages viewed,
number of sessions, unique visitors and so forth.
Registration Information:
Publishing Information, Payment Information, Statistical Information and any
information we may collect from you through the use of cookies (see Section 5
below), or any other means, shall collectively be referred to as "Collected
Information".
How We May Use
Information
General: We use your
Collected Information to improve our marketing and promotional efforts, to
statistically analyze site usage, to improve our content and product offerings
and to customize our Site's content, layout and service specifically for you. We
may use your Collected Information to service your Account with us, including
but not limited to investigating problems, resolving disputes and enforcing
agreements with us. We do not sell, rent, trade or exchange any
personally-identifying information of our Users. We may share certain aggregate
information based on analysis of Collected Information with our partners,
customers, advertisers or potential Users. We may use your Collected Information
to execute marketing campaigns, promotions or advertising messages on behalf of
third parties; however, in these circumstances, your Collected Information will
not be disclosed to such third parties unless you respond to the marketing,
promotion or advertising message.
Registration Information:
We may use your Registration Information to provide services that you request or
to contact you regarding additional services about which MagicMandi determines
that you might be interested. Specifically, we may use your email address,
mailing address, phone number or fax number to contact you regarding notices,
surveys, product alerts, new service or product offerings and communications
relevant to your use of our Site. We may generate reports and analysis based on
the Registration Information for internal analysis, monitoring and marketing
decisions.
Publishing Information:
All of your Publishing Information will be publicly available on the Site and
therefore accessible by any internet user. Any Publishing Information that you
disclose to MagicMandi becomes public information and you relinquish any
proprietary rights (including but not limited to the rights of confidentiality
and copyrights) in such information. You should exercise caution when deciding
to include personal or proprietary information in the Publishing Information
that you submit to us.
Payment Information:
MagicMandi will share your Payment Information with banks or vendors relevant to
the transaction in order to enable transactions to be completed. In addition,
MagicMandi may use Payment Information to determine your credit-worthiness and,
in the process of such determination, MagicMandi may make such Payment
Information available to banks or credit agencies. Any credit card information
that you provide through the Site is directly submitted to a payment server of
the credit card processing bank. MagicMandi does not maintain electronic or
physical copies of your credit card information. While MagicMandi has in place
up-to-date technology and internal procedures to guard your Payment Information
against intruders, there is no guarantee that such technology or procedure can
eliminate all of the risks of theft, loss or mis-use. MagicMandi shall not be
liable to you or any other person for any damages that might result from
unauthorized use, publication, disclosure or any other mis-use of Payment
Information, including credit card information.
Statistical Information:
We use Statistical Information to help diagnose problems with and maintain our
computer servers, to manage our Site, and to enhance our Site and services based
on the usage pattern data we receive. We may generate reports and analysis based
on the Statistical Information for internal analysis, monitoring and marketing
decisions. We may provide Statistical Information to third parties, but when we
do so, we do not provide personally-identifying information without your
permission.
Disclosure of
Information
We reserve the right to
disclose your Collected Information to relevant authorities where we have reason
to believe that such disclosure is necessary to identify, contact or bring legal
action against someone who may be infringing or threatening to infringe, or who
may otherwise be causing injury to or interference with, the title, rights,
interests or property of MagicMandi, our Users, customers, partners, other web
site users or anyone else who could be harmed by such activities.
We also reserve the right
to disclose Collected Information in response to a subpoena or other judicial
order or when we reasonably believe that such disclosure is required by law,
regulation or administrative order of any court, governmental or regulatory
authority.
If we have reason to
believe that a User is in breach of the Terms of User Agreement or any other
agreement with us, then we reserve the right to make public or otherwise
disclose such User's Collected Information in order to pursue our claim or
prevent further injury to MagicMandi or others.
We have established
relationships with other parties to offer you the benefit of other products and
services which we ourselves do not offer. We offer you access to these other
parties either through the use of hyperlinks to their sites from our Site, or
through offering "co-branded" sites in which both ourselves and these other
parties share the same uniform resource locator, domain name or pages within a
domain name on the Internet. In some cases you may be required to submit
information for purposes of registering or applying for products or services
provided by such third parties or co-branded partners. The privacy policy of
such other parties may differ from ours, and we may not have any control over
the information that you submit to such third parties or co-branded sites. We
therefore encourage you to read that policy before responding to any offers,
products or services provided by such other parties.
We use "cookies" to store
specific information about you and track your visits to our Site. It is not
uncommon for websites to use cookies to enhance identification of their users. A
"cookie" is a small amount of data that is sent to your browser and stored on
your computer's hard drive. A cookie can be sent to your computer's hard drive
only if you access our Site using the computer. If you do not de-activate or
erase the cookie, each time you use the same computer to access our Site, our
web servers will be notified of your visit to our Site and in turn we may have
knowledge of your visit and the pattern of your usage. Generally, we use cookies
to identify you and enable us to access your Registration Information,
Publishing Information or Payment Information so you do not have to re-enter it;
gather statistical information about usage by Users; research visiting patters
and help target advertisements based on User interests; assist our partners to
track User visits to the Site and process orders; and track progress and
participation in promotions.
You can determine if and
how a cookie will be accepted by configuring your browser's which is installed
in the computer you are using to access the Site. If you desire, you can change
those configurations in your browser. By setting your preferences in the
browser, you can accept all cookies, you can be notified when a cookie is sent,
or you can reject all cookies. If you reject all cookies by choosing the
cookie-disabling function in your browser, you may be required to re-enter your
information on our Site more often and certain features of our Site may be
unavailable.
Some of the
products and its contents on the site may be not appropriate for the minors.
Minors are advised to consult their parents before using this site. However, we have no way
of distinguishing the age of individuals who access our Site and so we carry out
the same Privacy Policy for individuals of all ages. If a minor has provided us
with personal information without parental or guardian consent, the parent or
guardian should contact us to remove the information.
We employ commercially
reasonable security methods to prevent unauthorized access, maintain data
accuracy and ensure correct use of information.
As a Registered User, your
Registration Information, Publishing Information and Payment Information (if
any) can be viewed and edited through your Account which is protected by
Password. We recommend that you do not divulge your Password to anyone. Our
personnel will never ask you for your Password in an unsolicited phone call or
in an unsolicited e-mail. If you share a computer with others, you should not
choose to save your log-in information (e.g., User ID and Password) on the
computer. Remember to sign out of your Account and close your browser window
when you have finished your session.
No data transmission over
the Internet or any wireless network can be guaranteed to be perfectly secured.
As a result, while we try to protect your information, no web site or company,
including ourselves, can absolutely ensure or guarantee the security of any
information you transmit to us and you do so at your own risk.
Changes to Privacy
Policy
Any changes to this
Privacy Policy will be communicated through our posting an amended and restated
Privacy Policy on our Site. Our posting the amended and restated Privacy Policy
will make such new Privacy Policy immediately effective. You agree that all
Collected Information (whether or not collected prior to or after the new policy
became effective) will be governed by the newest Privacy Policy then in effect.
If you do not agree to the new changes in our Privacy Policy, you should contact
MagicMandi in writing (at the address set out in the Notice provision of the
Terms of Use Agreement) and specifically request that MagicMandi return and/or
destroy all copies of all or part of your Collected Information in MagicMandi's
possession. This Privacy Policy was last amended on 1st July,2007.
Correcting Your
Information
You can access, view and
edit your Registration Information, Publishing Information and Payment
Information (if any) through your Account with MagicMandi.