- Use of this site
These terms and conditions (these “Terms”) shall regulate the use by you of the services (“Advertising Services”) provided by www.jharkhandbihar.com”, “we” or “us”, as the case may be) under Jharkhandbihar.com Advertising Centre (the “Ad Centre”).Before proceeding with and continuing accessing or using the Ad Centre and/or the Advertising Services, you represent that you have read and accepted these Terms (which, for the avoidance of doubt, shall include the terms of the User Agreement concerning the access and use of the relevant Jharkhandbihar.com branded website and all applicable Jharkhandbihar.com policies and guidelines, all of which are hereby incorporated into Terms by reference).
Use of Ad Centre is subject to all applicable Jharkhandbihar.com policies and guidelines which (without limitation) include the following policies:
Advertising Content Policy
Prohibited and Restricted Item Policy
Intellectual Property Rights Concerns
Where there exist any conflicts between any provisions of the terms and conditions contained herein and the Policies, the terms and conditions contained herein shall take precedence over the other conflicting provisions in interpretation.
The Advertising Services are available only to you (or referred hereinafter at times as an “Advertiser”) for use if you meet the following criteria:
You must be an individual aged 18 years or above who can form legally binding contracts under the applicable law. If you are acting on behalf of a company or business, you must be acting with proper authorization from the company or business which must be lawfully established. We reserve the right to request documentary proof of identity or authority or such other documents as we may deem fit from you.
The Account is personal to you and may not be transferred to another party. All information provided to Jharkhandbihar.com must be true, accurate and current. Jharkhandbihar.com reserves the right to suspend and/or close the Account and cancel any orders or transaction effected by you in the event that you are found to have provided any inaccurate or false information to Jharkhandbihar.com . You shall at all times be solely responsible for use and access to your Account, including the security of the information of the Account and any applicable security information.
3. Advertising Services
Advertising Services are currently only available on the Jharkhandbihar.com and may, upon notice being given by Jharkhandbihar.com , be extended to other Jharkhandbihar.com sites. Some of the Jharkhandbihar.com sites or features may be identified as “beta”, “test” or otherwise unsupported and are only available for use “as is”.
Jharkhandbihar.com reserves the right to change or revise the technical specification, structure, arrangement and scope of the Advertising Services at any time.
The Advertiser shall bear the sole responsibility for:
selecting and purchasing the available exposed web pages, categories, keywords, location, space;paying the applicable Fees;
providing the ad design, content and information;
providing links or URLs to active, operative and correct websites or landing pages for the advertised products or services;
for Jharkhandbihar.com sellers, providing in your Ad a listing of an item which shall remain live up to the date on which a particular Advertising Services as ordered shall expire.
You accept the risk of having third parties generating impressions or clicks on your Ads for prohibited or improper purposes. You agree not to hold Jharkhandbihar.com responsible for any improper use.
We are not party to any possible transactions between you and your potential buyers. You will not hold Jharkhandbihar.com responsible for the actions or inaction of buyers involved in transactions with you (whether such transactions are conducted on or off Jharkhandbihar.com sites) or for ensuring that they actually complete transactions. Transactions consummated through your links, URLs, advertising landing page or websites are your sole responsibility.
Registering an account with Jharkhandbihar.com –E-catalog Ad Centre is chargeable. All Fees are payable in Indian Currency and are exclusive of any applicable taxes, duties or levies. These Fees may be revised by Jharkhandbihar.com at its own discretion .No Advertisement will be published, distributed or disseminated by Jharkhandbihar.com prior to receipt of full payment of Fees.
Payment of Fees can be made by DD/Cheque in accordance with payment instructions .
No fees paid will be refunded in any circumstances
5. Placing An Order
Before you confirm an order for Advertising Services, it remains your duty to check that you have provided us with all the information required.
All orders shall be placed at least 14 days prior to the designated publication day. Jharkhandbihar.com cannot entertain rush orders. Orders placed less than 14 days prior to publication may not be accepted or processed.
Fulfillment with incomplete or inaccurate information or which do not comply with any of these Terms may be delayed. Jharkhandbihar.com will contact you for further information or rectification. Any request from Jharkhandbihar.com that has not been promptly and timely responded or handled, may result in the non-publication of an Ad and cancellation of the particular order. In such an event, you will not be entitled to any refund of Fees.
6. Revising an order
Advertisers may subject to the following aspects of an order placed to revise an order:
Date or duration of publication the ad design, content and information ,temporary suspension of the publication of an Ad. If suspension of Advertising Services is requested, you shall as soon as possible provide the day on which you wish the Advertising Services to be resumed. In such an event, a 14 days’ advanced notice of a new date of publication is required. Suspension of an Advertising Service is only available for a period of not more than 3 months. If you do not provide a new date for resumption of the suspended Advertising Service within the 3-month period, the confirmed orders shall deemed to have been cancelled and will be cancelled automatically. There shall not be any refund of payments made.
Revisions or modifications of an order are only permitted: (1) at any time before the Advertisement has been approved by Jharkhandbihar.com ; or (2) as and when required by Jharkhandbihar.com and if done by Advertiser within the requested time.
Any revisions of modifications as requested by Jharkhandbihar.com if not done within the requested time may result in the non-publication of an Ad and cancellation of the relevant order. In such an event, you will not be entitled to any refund of any Fees paid.
Modifications or revisions of an Jharkhandbihar.com item listing referred to in an Ad should be made via sms or email at jharkhandbihar.com contact webpage.
Jharkhandbihar.com may charge additional fees for some of the revisions. Please review the Fee Schedule before you proceed with a revision. In confirming such revisions, you shall at the same time make payment of the relevant Fees. If the Fees are not paid in full at the same time of requesting a revision, such revision will not have effect. Jharkhandbihar.com shall proceed with the original orders as then confirmed.
7. Suspension of Services
Jharkhandbihar.com reserves the right to suspend its service temporarily to carry out essential or regular upgrades, maintenance or repairs of the system or network as and when necessary.
In the event that a suspension of service occurs or is required. Jharkhandbihar.com will at its best endeavors give advanced notice regarding system suspension that is being pre-scheduled or pre-arranged. Jharkhandbihar.com shall not in any case be liable for any damages or loss or whatsoever which you may suffer as a result of a suspension of service.
The provision of Advertising Services or the publication of an Ad may be suspended or terminated by Jharkhandbihar.com at any time if any of the Advertisements is being alleged or suspected to have contravened any of these Terms or Policies.
At Jharkhandbihar.com ’s sole discretion, Jharkhandbihar.com may suspend or terminate all or any of the Advertising Services for an indefinite period of time without cause by giving advanced notice to Advertisers.
8. Responsibilities and Rights of Jharkhandbihar.com
Jharkhandbihar.com agrees to make all efforts to enable you to enjoy the Advertising Services efficiently and conveniently.
Jharkhandbihar.com reserves the right to review the Ad and/or to reject the Ad or request for modification in accordance with the Terms and Policies. Jharkhandbihar.com may reject ads at its sole discretion. Any review of Ad by Jharkhandbihar.com does not mean and shall not imply any consent, endorsement or approval by Jharkhandbihar.com of the services or products for which the Advertisement is advertised or shall represent any confirmation or advice from Jharkhandbihar.com as to the compliance of the Ad or the services or products of local laws, regulations, policies or standards. It remains the sole responsibilities of Advertisers to ensure the Advertisement and the underlying products and services are compliant of all applicable laws, regulations, policies and standards.
9. Warranties of Advertiser
Advertiser warrants that the Ad submitted do not violate any applicable laws, regulations, policies and standards.
Advertiser warrant that its Ad submitted are its own property and are original or not copied from others and does not infringe third party rights (including but not limited to intellectual property rights) or if the Ad is not its own property, that Advertiser has already obtained proper license and consent for use of the same on Ad Centre.
Advertiser shall be solely responsible for all such Advertisements and designs, content, materials, information it registered or submitted with Jharkhandbihar.com . Advertiser shall not create, post, list, upload, register or submit any Ad whose content, information or pictures are against the Advertising Content Policy.
Advertiser shall be responsible for completing all requirements of confirming an order for Advertising Services including payment.
Advertiser warrants that all information submitted to Jharkhandbihar.com in registering an account or in confirming an order for Advertising Services is true and accurate and is up-to-date.
Advertiser warrants that it has reviewed the Editorial Guidelines and all related guidelines and that its ads do not contravene any of the same.
Advertiser warrants that it shall not without prior written consent of Jharkhandbihar.com include hyperlinks in its website to Jharkhandbihar.com Ad Centre.
Advertiser warrants that the Ad or any information it submits to Jharkhandbihar.com or uploads on E-Catalog Ad Centre does not contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and does not create liability for Jharkhandbihar.com or causes Jharkhandbihar.com to lose (in whole or in part) the services of Jharkhandbihar.com ’s suppliers, vendors or contractors.
Advertiser warrants that the Ad it submits, registers or uploads with Jharkhandbihar.com for posting, display, or publication Jharkhandbihar.com are not for products, services or items which, contravene Jharkhandbihar.com ’s Prohibited and Restricted Items Policy, the Advertising Content Policy or are otherwise regulated or prohibited by law.
Advertiser warrants that it will not select and use search keywords, categories, and/or targeting mechanisms that are not relevant to its ads.
Advertiser shall not in any way circumvent or manipulate Jharkhandbihar.com ’s fee structure, the billing process or fees owed to Jharkhandbihar.com .
10. Cancelling an order
Advertisers who confirmed an order for Advertising Services can only cancel its orders: - (i) before the Account or Ad is approved; (ii) if the Ad is “Rejected”; or (iii) as and when requested by Jharkhandbihar.com . No refund of Fees paid is available on cancellation of an order. Jharkhandbihar.com may charge the Advertiser an appropriate cancellation fee.. Jharkhandbihar.com reserves the right to cancel any orders at its sole discretion if: (i) Jharkhandbihar.com receives reports or if it is suspected or confirmed that the Advertiser and/or its Ad is in breach of or is threatened to be in breach of any of these Terms or Policies; (ii) the Advertiser and/or the Ad or the products or services being advertised for violates any of these Terms, Policies or any laws India or any other country; (iii) any circumstances provided for cancellation in accordance with these Terms or Policies arise; or (iv) in Jharkhandbihar.com ’s reasonable opinion, cancellation of the order is appropriate.
In circumstances where the account or E-catalog Ad of an Jharkhandbihar.com user has been terminated or suspended by Jharkhandbihar.com for any reason pursuant to the User Agreement or any other related policies, all orders placed by the same Jharkhandbihar.com account user with Ad Centre will be cancelled automatically and the Advertiser shall not be entitled to refund of any Fees paid.
Where an Order has been cancelled pursuant to sub-paragraphs (b) & (c) above, Jharkhandbihar.com reserves the right to reject or delay the re-opening of an account by the same Advertiser and/or accepting or processing further orders for Advertising Services from him/her.
Any cancellation of an order or an Account is without prejudice to the rights and remedies which Jharkhandbihar.com is entitled to. You hereby release Jharkhandbihar.com from any liability owe to you or third parties, if any, resulting from any cancellation pursuant to these Terms.
11. No transfer
No transfer of a confirmed order for an E-catalog Ad or an Account is permitted. Should there be any breach of this clause, Jharkhandbihar.com is entitled to cancel any Account held by all the relevant parties to such transfer, cancel any orders and/or terminate the publication of an Ad immediately. Advertisers and the relevant transferee shall not have any right or recourse against Jharkhandbihar.com .
12. Relation with advertising agency
Where an Advertiser is an advertising agent or acts as an agent for a third party, they must possess the necessary grant, consent or approval from the third party for proceeding with orders for the Services. Jharkhandbihar.com reserves the right to seek documentary proof from any person acting as an agent. Jharkhandbihar.com also reserves the right to refuse, terminate or suspend any orders or any Advertising Services if at any time, the agent fails to provide the requested documents to prove its authority or the agent exceeds its authority in confirming an order. In all circumstances, such agent shall indemnify and keep Jharkhandbihar.com indemnified of and hold Jharkhandbihar.com harmless of all or any claims, liabilities, loss, damages, costs and expenses which Jharkhandbihar.com may suffer or incur as a result of such breach.
Exclusive agency is not acknowledged or recognized.
Advertising agent will have the same access rights, obligations and purchasing privilege as any other Advertisers. The same terms and conditions laid out in these Terms apply to an advertising agency who has registered an Account or ordered E-catalog Ad.
The fact that an advertising agency is acting for third party advertisers does not derogate the duty and responsibility of the advertising agency under these Terms and Policies. As between the advertising agency and Jharkhandbihar.com , the advertising agency is contracting as a party.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD JHARKHANDBIHAR.COM AND/OR ITS AFFILIATES, SUBSIDIARIES AND RELATED AND ASSOCIATED COMPANIES AND ALL THEIR DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, OBLIGATIONS, LOSSESS, COSTS OR DEBT, EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL COSTS) ARISING FROM OR RELATING TO YOUR USE OF THE AD CENTRE, YOUR ORDERS FOR ADVERTISING SERVICES OR YOUR BREACH OF ANY OF THE PROVISIONS IN THESE TERMS AND THE POLICIES.
You acknowledge and license to Jharkhandbihar.com and its affiliates, subsidiaries, associated or related companies a non-exclusive, perpetual, irrevocable, royalty-free, world-wide and sub-licensable (through multiple tiers) license and right to exercise the copyright, trademark, database rights, and all other intellectual property rights you have in your Advertisement/Ad to reproduce, display, show, make available and publicise your Ad as well as the right to host, cache, route, store, copy, modify, reformat, reproduce or distribute your Ad on any media known now or in the future, including any site, application or property owned, operated or provided by Jharkhandbihar.com or a commercial partner with which Jharkhandbihar.com has any agreement to place ads on your behalf. You confirm you have the right and authority to confirm the orders. You further confirm that, if applicable, you have obtained all necessary license or sublicense from any other relevant rights owner for Jharkhandbihar.com to process your orders, reproduce, display, show, make available and publicise the Ad and to perform the Advertising Services you purchase on Ad Centre. You also waive or shall procure the necessary waiver of moral rights to the fullest extent permitted by law for our performing the Advertising Services.
Use of the Ad Centre and the Advertising Services shall not in any extent grant you any right, licence or consent to use Jharkhandbihar.com ’s trademarks, service marks, trade names, URLs, copyrighted materials, patents and patent applications. You agree not to challenge Jharkhandbihar.com proprietary rights in the Advertising Services. All goodwill accrued or generated from your use of the Ad Centre and the Advertising Services shall inure to the benefit of Jharkhandbihar.com exclusively.
Jharkhandbihar.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
15. NO WARRANTY
JHARKHANDBIHAR.COM SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OF SYSTEM, INTERNET CONNECTION OR FAILURE OR DELAY IN DELIVERY OF ADVERTISING SERVICES ARISING FROM CAUSES OR EVENTS THAT ARE NOT WITHIN THE CONTROL OF JHARKHANDBIHAR.COM INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS. All ADVERTISING SERVICES ARE PROVIDED “AS IS”.
IN NO EVENT SHALL JHARKHANDBIHAR.COM , ITS PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, ASSOCIATED OR RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT ON THE AD CENTRE, (ii) THE EXERCISE BY JHARKHANDBIHAR.COM OF ANY RIGHTS UNDER THESE TERMS OR POLICIES; (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOU USE OF THE ADVERTISING SERVICES OR AD CENTRE, (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (v) ANY INTERRUPTION OR DELAY OR CESSATION OR TRANSMISSION TO AND FROM AD CENTRE OR JHARKHANDBIHAR.COM SITES, (vi) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE AD CENTRE OR JHARKHANDBIHAR.COM SITES BY ANY THIRD PARTY, AND/OR (vii) ANY ERRORS, OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE AD CENTRE OR JHARKHANDBIHAR.COM SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH ENTITY OR PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN ANY EVENT, THE MAXIMUM LIABILITIES OF JHARKHANDBIHAR.COM AND OUR AFFILIATES AND RELATED ENTTIES TO YOU OR THIRD PARTIES SHALL NOT EXCEED: (i) THE AMOUNT OF FEES PAID BY YOU FOR AD CENTRE ADVERTISING SERVICES FOR 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
GIVEN THE LIMITATIONS IN SYSTEM OR DIFFERENCE IN CONFIGURATION, JHARKHANDBIHAR.COM CANNOT GUARANTEE THE COLOR, QUALITY OR RESOLUTION OF ANY AD PUBLISHED OR DISPLAYED.
JHARKHANDBIHAR.COM CANNOT GUARANTEE AND CANNOT BE HELD RESPONSIBLE FOR THE ACTUAL PLACEMENT, POSITIONING, LEVELS OR TIMING OF ANY AD YOU PLACE WHICH YOU AGREE SHALL BE ADJUSTED AT JHARKHANDBIHAR.COM ’S SOLE DISCRETION.
16. Collection of data and information
In operating the Ad Centre or in dealing with orders or performing the Advertising Services, we shall collect personal information and data (“Personal Information”) from you.
We may use third party vendor to power, support and/or manage the Ad Centre and its operation. In such case, your Personal Information may be accessed and/or used by our third party vendor.
We view protection of Advertisers' privacy as a very important community principle. We use tracking code data, which may include information about your performance statistics, to analyze trends, monitor efficiencies, maintain the integrity of the tracking code, and promote advertising capabilities and efficiencies.
IF YOU DO NOT AGREE WITH OUR COLLECTION AND USE OF THE PERSONAL INFORMATION, PLEAE DO NOT USE OUR AD CENTRE AND SERVICES.
17. Abusing the Ad Centre and the Use of the Advertising Services
Advertisers are solely responsible for the Ad they submitted or registered with the Ad Centre. Jharkhandbihar.com and the Jharkhandbihar.com community work together to keep the sites working properly and free from inappropriate ads. Please report prohibited advertisements and policy breaches to us.
Jharkhandbihar.com has put in place procedures for intellectual property rights owners to raise intellectual property concerns about posted ads which may infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your rights have been infringed by any of the Ad posted on the Jharkhandbihar.com sites, please notify us in accordance with the procedures set out at Intellectual Property Rights Concerns and the Ad will be dealt with in the manner prescribed.
You hereby authorize Jharkhandbihar.com to use technology and tools to retrieve and analyse the content of your Ad, including links, URLs, landing pages and sites, to enable evaluation of compliance of your Ad with these Terms and Policies.
18. Governing Law and Dispute
All issues and disputes arising from these Terms, Policies or use of the Ad Centre or our Advertising Services account shall be subject to and interpreted pursuant to the laws of India. Advertisers agree to submit to the non-exclusive jurisdiction of the Dhanbad(Jharkhand) courts. You are however strongly encouraged to contact Jharkhandbihar.com through Jharkhandbihar.com contact webpage at details if you encounter any problems or difficulties and the parties shall use their best efforts to cooperate to have the issues or disputes resolved.
All notices to Jharkhandbihar.com must be sent to Jharkhandbihar.com at Email: contact@Jharkhandbihar.com .Notices to Advertisers shall be sent to the address or email address you provided to Jharkhandbihar.com during the registration process of an account at Ad Centre or as appeared in the record of your existing Jharkhandbihar.com account. Notice shall be deemed given 48 hours after an email is sent, unless the sending party is notified that the email address is invalid.
If any provision of these Terms or Policies is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain valid and enforceable.
You cannot assign these Terms or the rights and obligations in respect of the Advertising Services to any party without prior written consent of Jharkhandbihar.com . You agree that Jharkhandbihar.com may transfer or assign, at its own discretion, the rights and obligations under these Terms.
Our failure or inability to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
23.Survival of terms
Clauses which by their nature shall continue after termination of these Terms or end of the Advertising Services shall survive any termination or expiration of these Terms or Advertising Services.
24. No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Jharkhandbihar.com by these Terms.
These Terms may be amended by Jharkhandbihar.com from time to time.. Your continued access or use of the Ad Centre or the Advertising Services shall constitute your acceptance of these Terms as revised. You can access the most updated version of these Terms at the footer of the site for the Ad Centre.