NetSparx may add to, amend or change or update these Terms of Use, from time to time entirely at the its own discretion and without any notice to the User. The User is advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement. The User is responsible for checking these Terms of Use periodically to remain in compliance with these terms. Use of the Site after any amendment to the Terms of Use shall constitute the User’s acceptance of these terms and the User also agrees to be bound by any such changes / revisions / amendments.

The Services on the Site are provided for your personal use only. The use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site.

To obtain and use the Services on the Site, you may be required to provide certain personal information. Please refer to our Privacy Policy before you disclose any personal information on the Site.

To register for some of the services you may have to open an Account by completing the registration process and/or may have to provide us with current, complete and accurate information about yourself including your correct name and email address(es), as prompted by the applicable form(s).

You may also be required to choose a User Name and password. You are entirely responsible for maintaining the confidentiality of your Username, Password and Account.

The User must ensure that the email address and mobile phone number (if applicable) submitted during registration is accurate and kept up-to-date. If the User’s email address and/or mobile phone number changes then the User is immediately required to update the same in his/her profile on the Site. However, the User may not be allowed to change the Username even if the email address changes and in such an event, the User shall continue to use the original Username but the notifications to be sent/mailed to the User shall be sent to the updated/new email address of the User.

Each registration as a Member is for a single individual user only.

To access the Services on the Site, you will be asked to enter your individual User Name as chosen by you during your registration and Password.

We do not permit any of the following:-

• Any other person sharing your account and Password;

• Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Site as Users of the Site; or

• Access through a single account and Password being made available to multiple users on a network.

The User is entirely responsible for any and all activities that occur under his / her Account. The User agrees to (a) notify NetSparx immediately of any unauthorized use of the User’s Account or any other breach of security and (b) ensure that he/she exits from the User’s Account at the end of each session.

NetSparx will not be liable for any loss that the User may incur as a result of someone else using the User’s Password or Account. However, the User could be held liable for losses incurred by NetSparx or another party due to someone else using the User’s Account or Password.

Should the User decide to terminate/cancel his/her Account, the User may do so by emailing us. The User agrees that NetSparx reserves the right to terminate / suspend the Membership of any User at any point of time, at its own discretion and/or without assigning any reason and with no liability whatsoever.

Further, in the event of such termination / suspension, NetSparx may refuse, move or remove for any reason any content that the User submits or makes available on the Site and may (but shall not be bound to) deactivate or delete the User’s Account and/or delete all related information and files in the Account.

Further, the User agrees that NetSparx shall not be liable to the User or any third-party and agrees to hold NetSparx harmless from any claims / charges / for any denial of access to the Site / Services and or malfunctioning of the Site / Services at any point of time and/or for any loss of information/data stored in the User’s Account or generally on the Site.

Certain parts of the Site and/or Services may not be available to Users whose Membership has been suspended or terminated by NetSparx.

Any User whose access has been suspended or terminated must not re-register for, or re-access, the Service without our prior consent of NetSparx.

Obligations of the User:

The User is fully responsible for everything which is done on or through the Site by using the User’s Account and the User agrees to follow all applicable laws and regulations when using the Services on the Site.

The User agrees not to use any product or service available on the Site or otherwise to :

(a) upload, post, email, transmit or otherwise make available any content with the intention of committing or promoting an illegal act.

(b) copy (except for the User’s own personal and non-commercial use), reproduce, recompile, decompile, disassemble, reverse-engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, communicate or in any other way exploit any part of the information or material obtained through the Site.

(c) access any of the content / services by any means other than through the interface that is provided by NetSparx, unless you have been specifically allowed to do so in a separate agreement with NetSparx.

(d) disrupt, place unreasonable burdens or excessive loads on, damage, impair, interfere with or attempt to gain unauthorized access to any portion of the Site, its computer systems, servers or networks or interfere with any other party's use and enjoyment of any services.

(e) access (or attempt to access) any of the content / services through any automated means (including use of any scripts or web crawlers / spiders) and/or to attempt to gain unauthorized access to any material / services, other accounts, computer systems through hacking, password mining or any other means.

(f) upload, post, email, transmit or otherwise make available any content that is derogatory, unlawful, illegal, harmful, tortuous, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, inflammatory or racially/ethnically or otherwise objectionable. This includes text, graphics, video, programs or audio.

(g) upload, post, email, transmit or otherwise make available any harmful programs or elements such as viruses, trojan horses, time bombs.

(h) engage in antisocial, disruptive, or destructive acts, including "spamming”, “cyber-stalking”, "flaming", "flooding", "trolling", and "griefing" as those terms are commonly understood and used on the Internet and in telecommunications.

(i) impersonate any person or entity, including, but not limited to, any official of NetSparx, forum leader/moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

(j) manipulate identifiers in order to or with the intent to disguise the origin of any content transmitted through the Site.

(k) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law and / or that infringes any patent, trademark, trade secret, copyright, privacy rights, rights of publicity, or other proprietary rights of any party. This includes text, graphics, video, programs or audio.

Information / Services available on the Site

The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are/may be periodically made/added to the information provided therein. NetSparx may make improvements and/or changes in the Site at any time without any notice to the User. Any advice received except through an authorised representative of NetSparx via the Site should not be relied upon for any decisions.

NetSparx is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. NetSparx does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

NetSparx and/or the Site at its sole discretion reserves the right not to accept any customer order without assigning any reason thereof. Any contract to provide any service by NetSparx is not complete until full money towards the service is received from the customer and accepted by NetSparx.

User acknowledges that NetSparx provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, the User agrees and accepts that in exceptional situations due to any technical or other failure, services committed earlier may not be provided or may involve substantial deficiency. In such cases, NetSparx shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of NetSparx against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

Changes in Content / Services :

NetSparx reserves the right, entirely at its own discretion, to change any / all the content and/or Services and suspend / cancel, terminate or discontinue any or all content / Services provided on the Site at any time without prior notice and without any liability and/or without any compensation whatsoever to anybody.

There may also be times when the Services malfunction and/or become inaccessible or unavailable as a result of technical difficulties or due to any other reason. NetSparx will, however, use reasonable endeavors to overcome these difficulties where they are within its control. NetSparx cannot be held responsible in any manner whatsoever for any such malfunction and/or interruption in accessing the Site or the Services provided on the Site.

Additional offerings or services :

NetSparx or its affiliates may offer new or additional services on the Site from time to time. The use of those services may be subject to additional terms and conditions, or rules of use, which the User must comply with. Any failure by the User to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with the User.

Misuse of the Services :

The Services are intended to be used by the Users for their genuine and bonafide purposes only. The Users shall not place material on, or otherwise use, the Site and/or the Services for the sending of unsolicited bulk email or unsolicited bulk SMS messages.

Charges / Fees and Taxes :

NetSparx may charge fees from the Users for the Services provided on the Site and tariffs for such Services shall be made available on request. If the User chooses to use any of the Services through the Site, it means that the User acknowledges these fees / tariffs and consent to the receipt of such fees / charges by NetSparx or debit of such fees / charges from the User’s Account.

Further, NetSparx reserves the right to charge subscription and / or membership fees as it deems fit from the User, by giving reasonable prior notice, in respect of the Services provided on the Site.

NetSparx reserves the right to change the tariffs for the Services without prior notice.

Any taxes / levies that are applicable as per the law prevailing at that point of time shall be charged on the fees / charges that apply.

Payment of Fees and Taxes :

If the User is asked for, and provides, details of a credit, debit or charge card, or pays through any other means, the User must ensure that (a) the User is fully entitled to use and make payments using that card or that means for making the payment, and (b) that it has available funds sufficient to cover the fees/charges which are deducted from it.

Linked websites :

The Site and the Services provided on the Site may contain links to other websites. NetSparx is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by NetSparx and those links may not remain current or be maintained.

The linked sites are not under the control of NetSparx and NetSparx is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.

NetSparx, neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by The User’s visit and/or transaction/s on these site(s), as the same is provided on "as is" without warranty of any kind. NetSparx gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. NetSparx shall not be responsible nor liable for any consequential damages arising on account of the User relying on the contents of the advertisement. Before relying on the material, the User should independently verify its relevance for his/her purposes, and should obtain any appropriate professional advice. Further, NetSparx is not responsible for the privacy practices / policies and/or the terms and conditions associated with these linked websites.

Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or images), trademarks and logos appearing on this site are the property of NetSparx and are protected under applicable Indian laws. Any infringement shall be vigorously defended and may be pursued to the fullest extent permitted by law.

NetSparx grants the User permission to only access and make personal use of the Site and the User agrees not to download or modify/alter/change/amend/vary/transform/revise the Site and/or the Services provided on the site, or any portion of it, except with the express consent of NetSparx. The User is permitted to print or download extracts from these pages for his/her personal, non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use.

NetSparx forbids the User from any attempts to resell or put to commercial use any part of the Site; any derivative use of the Site or its contents; any downloading or copying of account information; or any data gathering or extraction tools; or any use of meta tags. The User shall not (whether directly or through the use of any software tool) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.

No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission of NetSparx.

Reporting of Copyright Infringement :

NetSparx is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Site, or items advertised on the Site, by the Users or any other third parties. If you have reason to believe that any material posted on the Site infringes of any Copyright(s) / Intellectual Property Rights, kindly bring it to our attention by emailing us. NetSparx shall act expeditiously upon receiving any notice of claimed infringement on copyright / intellectual property to resolve the matter.

Disclaimer of Warranties :

In no event shall NetSparx and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the NetSparx website(s). Neither shall NetSparx be responsible for the delay or inability to use the NetSparx websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the NetSparx website(s), or otherwise arising out of the use of the NetSparx website(s), whether based on contract, tort, negligence, strict liability or otherwise. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

No advice or information, whether oral or written, which the User obtains from NetSparx or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. In case the User is not satisfied with any services provided under this site or any portion of the Site, or with any of these terms of use, their sole and exclusive remedy is to discontinue using this site after notifying NetSparx in writing.

The User expressly understands and agrees that the use of the Site and Services provided on the Site are at the sole risk of the User and that the same are provided "as is" and “as available.”

Any/all the content on any part of the Site does not constitute any advice/guarantee whatsoever and should not be relied upon in making (or refraining from making) any decision.

In particular, NetSparx does not represent or warrant to the User that:

(a) the User’s use of the Site and/or the Services provided on the Site will meet your expectation(s) and/or requirement(s),

(b) the User’s use of the Site or the Services provided on the Site will be uninterrupted, timely, secure or free from error/defect,

(c) any information obtained by the User as a result of the User’s use of the Site or the Services provided on the Site will be accurate, adequate or reliable, and

(d) that defects in the operation or functionality of the Site and/or the Services provided on the Site to the User will be corrected.

Any material downloaded or otherwise obtained through the use of the Site or the Services provided on the Site is done at the User’s own discretion and risk and that the User will be solely responsible for any damage to his/her computer system or other device or loss of data that results from the download of any such material.

All warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any content, goods or service, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.

If the User does not agree with any of the disclaimers above, they are advised not to read the material on any of the NetSparx pages or otherwise use any of the contents, pages, information or any other material contained on the Site and other NetSparx Websites. NetSparx 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 non-infringement.

Limitation of Liability :

Without prejudice to whatever is stated above, the maximum liability on part of NetSparx arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever beyond the amount charged by NetSparx for its services...

In no event shall NetSparx be liable for any direct, indirect, punitive, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site and/or the Services provided on the Site, with the malfunction/delay or inability to use the Site and/or the Services provided on the Site or related services, the provision of or failure to provide Services, malfunctioning of the Services or for any content, information, software, products, services and related graphics obtained through the Site and/or the Services provided on the Site, or otherwise arising out of the use of the Site and/or the Services provided on the Site or other intangible losses (even if NetSparx has been advised of the possibility of such damages) arising out of or in connection with the use or the inability to use the Site, the Services provided on the Site or this Agreement (however arising, including negligence).

Under No circumstances will NetSparx be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that NetSparx is not responsible for any content sent using and/or included in the Site by any third party.

Indemnity :

The User indemnifies NetSparx and its affiliates and all their officers, employees, agents and related bodies corporate from, and against, all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of, or in any way connected to, the use of the Site and/or the Services provided on the Site by the User or someone using the User’s Account.

Security & Data Protection :

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst NetSparx strives to protect such information, it does not warrant and cannot ensure the security of any information which the User transmits to NetSparx. Accordingly, any information which the User transmits to NetSparx is transmitted at your own risk. Nevertheless, once NetSparx receives the transmission, it will take reasonable steps to preserve the security of such information.

Notwithstanding anything that may be contained / stated anywhere else in the Site including in the Privacy Policy, NetSparx reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to NetSparx. Further, NetSparx can (and the User authorizes NetSparx to) disclose any of the User’s personal information to Intellectual Property right's owners, as NetSparx in its sole discretion believes is necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or any other unlawful activity.

Relationship :

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of NetSparx Websites or its partner websites, shall be deemed to constitute any relationship such as agency, partnership, joint venture, employee-employer or franchisor-franchisee between the User and NetSparx and the User shall have no authority to bind NetSparx in any manner, whatsoever.

Communications :

The User is aware that come2goa.com provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes come2goa.com to contact the user with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he / she shall write to come2goa.com for specific exclusion at (service@ come2goa.com).

The User also agrees that all agreements, notices, disclosures and other communications that NetSparx provides to the User electronically satisfy any legal requirement that such communications is in writing.

Waiver and Severability :

The failure of NetSparx to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid and/or determined to be invalid or unenforceable in (whole or in part) by a court of competent jurisdiction, the User agrees that the Court shall endeavour to give effect to the intentions of the User and NetSparx as reflected in the provision, and all the other provisions of this Agreement shall remain in full force and effect.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of NetSparx Websites or its partner websites or any provision hereof in any manner whatsoever.

Interpretation Number and Gender

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole.

Entire Agreement :

These Terms of Use constitute the entire agreement between the User and NetSparx 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.

Governing Law and Jurisdiction :

This Agreement and any dispute or matter arising out of or in connection with and/or incidental to the use of the Site and/or the Services provided on the Site shall be governed by the laws of India without regard to its conflict of laws provisions. The User and NetSparx both hereby submit irrevocably that the Courts of law at Panaji, Goa shall have exclusive jurisdiction over any disputes arising under this Agreement.

Copyright © 2009 NetSparx IT Services (India) Pvt. Ltd. All rights reserved.