Terms
Of Use
The entire contents of this site are copyrighted
under Indian law and protected by worldwide copyright laws
and treaty provisions. Materials from the www.Beam.co.in/
www.suvidha.net World Wide Web site may not be copied, distributed
or transmitted in any way without prior written consent of
Suvidha, having its office for the present at Enterprise,
D-128-129, Okhla Industrial Area, Phase 1, New Delhi, 110020,
India, and its website(s) interalia at www.Beam.co.in/ www.suvidha.net
("Suvidha"). Users of the site may download one
copy of any and all materials on the site for personal, non-commercial
use provided that they do not modify or alter the materials
in any way, nor delete or change any copyright or trademark
notice. All material on this site is provided for lawful purposes
only. Suvidha reserves complete title and full intellectual
property rights for materials downloaded from the site.
Submission to www.suvidha.net and Affiliated Servers/Websites
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Suvidha through this site is the exclusive property of Suvidha. Suvidha is entitled to use any information submitted for any purpose without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Suvidha and accepts responsibility for its accuracy, appropriateness and legality.
Liability Restrictions
Suvidha is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Under no circumstances will Suvidha or its suppliers be liable for any damages or injury that result from the use of the materials on this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply to you. The materials on this site are provided "as is" and without warranties of any kind to the fullest extent permissible pursuant to applicable laws. Suvidha provides links to other sites that are not maintained by Suvidha. Suvidha does not endorse those sites and is not responsible for the content of such other sites.
Applicability of Content
Information on this site includes descriptions of products and services available in the India only. Suvidha makes no representation that content provided is applicable or appropriate for use in other locations. This Agreement will be interpreted and enforced in only accordance with the laws of India exclusively. Any action to enforce this agreement shall be brought only in the Courts of Delhi who shall have sole and exclusive jurisdiction. User specifically acknowledges that its use of the Website may be subject to applicable law and to the rules and regulations of various stock exchanges and regulatory authorities, as well as restrictions imposed by various data providers, any or all of which may restrict such use/User agrees to identify and obtain any agreement, approval, license or permit from which may be so required, at User's own expense. User agrees that in the event of any dispute between the User and Suvidha, which cannot be resolved amicable, the same shall be referred for arbitration by a Sole Arbitrator. User and Suvidha both expressly consent and agree that the Managing Director Suvidha shall be the Persona Designata to appoint the said Sole Arbitrator. The Sole Arbitrator shall arbitrate as per the provisions of the Indian Arbitration & Conciliation Act 1996 as amended. The venue of arbitration shall be at New Delhi in India and each party shall bear the cost of arbitration equally unless awarded otherwise by the Sole Arbitrator.
Protection of Information
Suvidha commitment to protecting personal customer information Suvidha values the trust its customers place in the company. Accordingly, Suvidha adheres to the highest ethical standards in gathering, using and safeguarding customer information that is entrusted to the company.
Use and Collection of Customer Information
Suvidha does not rent, sell or exchange information about its customers. Access to information about Suvidha customers is restricted to the Suvidha family of business. Third parties that need access to Suvidha customer information in order to provide operational or other support services to Suvidha must agree to safeguard customer information in strict compliance with Suvidha policy. Suvidha gathers only the customer information that is needed to administer its business, provide superior service and communicate offers on merchandise and services that Suvidha believes will be of interest to its customers. Act of submission of information by a customer means an unconditional assent and acceptance of the covenants contained here and else where in the website. Suvidha limits access to customer information to those employees who need it to carry out their business functions. Suvidha educates its employees about Suvidha policies and practices in regard to safeguarding customer information; preventing its unauthorized access, use or disclosure; and ensuring its proper handling.
Accuracy and Security of Customer Information
Suvidha makes all reasonable efforts to ensure that the customer information it maintains is accurate, timely and secure. Suvidha will monitor and adopt, as appropriate, new technological developments that are designed to aid in ensuring the accuracy and security of customer information. Suvidha enforces its policies in regard to gathering, access and use of personal customer information by its employees and authorized third parties.
Enforcement of Terms and Conditions
These terms and conditions are governed and interpreted pursuant to the laws of India, notwithstanding any principles of conflicts of law. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Suvidha can revise these terms and conditions at any time by updating this posting. Suvidha may terminate this agreement at any time without notice for any reason. Users may terminate this agreement by destroying all materials obtained from the Suvidha site.
General
The logos, brand names and trademarks used in the website are the property of the respective owners. Suvidha does not assume any liability for any statements, representations and or claims made by the respective companies / persons for their products, services, and/or offers being made; and that the maximum limitation of damages is limited to the consideration paid for such products and or services. Products & services sold here are subject to the Terms of Sale, Exclusion of Warranties & Limitation of Damages & Remedy and Suvidha Guarantee & Satisfaction.
Supplementary
Terms Of Use
- User Eligibility
- Scope of Terms of Use
- Modifications
- Suvidha Rate and Service Guide and Tariff
- Suvidha Privacy Policy
- License and Ownership
- Restrictions on Use of the Web Site
- Access to Services Related Systems and Information Through the Web Site
- Links
- Submissions
- Termination
- Disclaimer of Warranties
- Limitation of Liability
- Compliance with Law Including Export Control
- Forward Looking Statements
- Jurisdiction
- Governing Law and Language
- General
- Written Document
- Complete Agreement
- Customer Service
Introduction
Please read these web site terms of use carefully before using the web site www.Beam.co.in / www.suvidha.net (the “web site”). These supplementary terms of use (the “supplementary terms of use”) govern your access to and use of the web site. The web site is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the web site. By accessing or using the web site, you and the entity you are authorized to represent ("you" or "your") signify your agreement to be bound by the terms of use.
1. User Eligibility
The Web Site is provided by Suvidha and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Web Site.
2. Scope of Terms of Use
These SUPPLEMENTARY TERMS OF USE govern Your use of the Web Site and all applications, software and services (collectively, “Services”) available via the Web Site, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Web Site (“Service Agreement(s)”). Any such Service Agreements accompany or are listed in association with or through a hyperlink associated with the applicable Services.
3. Modifications
Suvidha may revise and update these SUPPLEMENTARY TERMS OF USE at any time. Your continued usage of the Web Site after any changes to these SUPPLEMENTARY TERMS OF USE will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Suvidha. Suvidha may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. Suvidha may establish or change, at any time, general practices and limits concerning other Suvidha products and services in its sole discretion.
4. Suvidha Rate and Service Guide and Tariff
In addition to any other terms and conditions that may be applicable to such transaction as provided in these SUPPLEMENTARY TERMS OF USE and the Service Agreement(s), the Suvidha Rate and Service Guide applicable to You and the Suvidha Tariff (to the extent it is applicable to You) in effect at the time of provision of services govern Your use of Suvidha’s related services.
5. Suvidha Privacy Policy
The Suvidha Privacy Policy governs the use of information collected from or provided by You at the Web Site. With respect to any individual whose personal information is provided by You to Suvidha, You represent to Suvidha that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the Suvidha Privacy Policy, including the transfer of such data to India/United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.
6. License and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site and its contents (the “Content”) are the sole property of Suvidha, its affiliates or third parties. The Content is protected by copyright and other laws in India/United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress (“Marks”) of Suvidha, its affiliates or other entities that have granted Suvidha the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Suvidha. Except as otherwise expressly authorized by these SUPPLEMENTARY TERMS OF USE, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without Suvidha's or the appropriate third party's prior written permission. Except as expressly provided herein, Suvidha does not grant to You any express or implied rights to Suvidha's or any third party's Intellectual Property. Suvidha grants You a limited, personal, nontransferable, non-sublicensable, revocable license to
- access and use only the Web Site, Content and Services only in the manner presented by Suvidha, and
- access and use the Suvidha computer and network services offered within the Web Site (the “Suvidha Systems") only in the manner expressly permitted by Suvidha. Except for this limited license, Suvidha does not convey any interest in or to the Suvidha Systems, information or data available via the Suvidha Systems (the “Information”), Content, Services, Web Site or any other Suvidha property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Suvidha. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Suvidha.
7. Restrictions on Use of the Web Site
In addition to other restrictions set forth in these SUPPLEMENTARY TERMS OF USE, You agree that:
- You shall not disguise the origin of information transmitted t
hrough the Web Site.
- You will not place false or misleading information on the Web Site.
- You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by Suvidha.
- You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual property (defined below) rights of another.
- Certain areas of the Web Site are restricted to customers/other users of Suvidha.
- You may not use or access the Web Site or the Suvidha Systems or Services in any way that, in Suvidha's judgment, adversely affects the performance or function of the Suvidha Systems, Services or the Web Site or interferes with the ability of authorized parties to access the Suvidha Systems, Services or the Website.
- You may not frame or utilize framing techniques to enclose any portion or aspect of the content or the Information, without the express written consent of Suvidha.
8. Access to Shipping Related Systems and Information Through the Web Site
Your use and access of the Shipping Related Systems and Information are subject to the following terms:
- The “Shipping Related Systems” are comprised of the Suvidha Systems which are used to provide tracking, time in transit, drop-off locator, address validation and other functions and information related to provision of services via Suvidha. The Services Related Systems and Information gained from such systems (“Services Information”) are to be used by You solely in connection with services bought/used by or to You or on Your behalf and for no other purpose.
- The Services Related Systems and Services Information are the private property of Suvidha. Suvidha authorizes You to use tracking functionality within the Services Related Systems solely to track services tendered by or for You to Suvidha for delivery and for no other purpose. Without limitation, You are not authorized to make the Services Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Services Information for commercial gain without the express written consent of Suvidha. This is a personal service, thus Your right to use the Services Related Systems and Services Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
- Any use in connection with the Services Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
9. Links
Outbound Links: The Web Site may contain links to third-party Web Sites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Suvidha of the content on such Linked Sites. Suvidha makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Suvidha is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.Inbound Links. Linking to any page of the Web Site other than to www.suvidha.net / www.Beam.co.in through a plain text link is strictly prohibited in the absence of a separate linking agreement with Suvidha. Any web site or other device that links to www.suvidha.net / www.Beam.co.in or any page available therein is prohibited from
- replicating content,
- using a browser or border environment around the Content,
- implying in any fashion that Suvidha or any of its affiliates are endorsing it or its products,
- misrepresenting any state of facts, including its relationship with Suvidha or any of its affiliates,
- presenting false information about Suvidha products or services, and
- using any logo or mark of Suvidha or any of its affiliates without express written permission from Suvidha.
10. Submissions
Suvidha does not accept ideas, concepts, or techniques for new services or products through the Web Site (“Comments”). If such Comments are received, You acknowledge that
- they will not be considered confidential or proprietary,
- Suvidha and its affiliates are under no obligation to keep such information confidential, and
- Suvidha will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
11. Termination
You agree that Suvidha, in its sole discretion, may terminate or suspend Your use of the Web Site, the Suvidha Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately
- discontinue use of the Web Site, and
- destroy any copies You have made of any portion of the Content. Accessing the Web Site, the Suvidha Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Suvidha shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the Suvidha Systems, Information and/or the Services.
12. Disclaimer of Warranties
Suvidha makes no representations about the results to be obtained from using the web site, the Suvidha systems, the services, the information or the content. The use of same is at your own risk.
The web site, the Suvidha systems, the information, the services and the content are provided on an "as is" basis. Suvidha, its licensors, affiliates and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Suvidha and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the web site or the Suvidha systems. No information obtained by you from the web site shall create any warranty not expressly stated by Suvidha in these supplementary terms of use.
Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by these provisions. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.
13. Limitation of Liability
To the extent permitted by applicable law and to the extent that Suvidha is otherwise found responsible for any damages, Suvidha is responsible for actual damages upto the actual cost of services paid only. To the extent permitted by law, in no event shall Suvidha, its affiliates, its licensors, its suppliers or any third parties mentioned at the web site be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the web site, the Suvidha systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Suvidha is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these supplementary terms of use are exclusive and are limited to those expressly provided for in these supplementary terms of use.
14. Compliance with Law Including Export Control
You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Suvidha, negatively reflect on the goodwill or reputation of Suvidha and shall take no actions which would cause Suvidha to be in violation of any laws, rulings or regulations applicable to Suvidha.
Suvidha and the Web Site are based in the India/United States. India/United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the Indian/United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
15. Forward Looking Statements
Except for historical information contained herein, the statements made in this Web Site constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 including laws in India. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations of Suvidha and its management regarding the company's strategic directions, prospects and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including economic and other conditions in the markets in which we operate, our competitive environment, long-term regulatory, economic and other effects from the events of September 11, 2001, strikes, work stoppages and slowdowns, governmental regulation, increases in aviation and motor fuel prices, cyclical and seasonal fluctuations in our operating results, and other risks discussed in the company's filings with the Securities & Exchange Control Board of India (“SEBI”) and/or Securities and Exchange Commission (“SEC”), which discussions are incorporated herein by reference.
16. Jurisdiction
To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the web site, the Suvidha systems, information, services and content shall be instituted exclusively in the courts of Delhi, in India only, and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the web site, the Suvidha systems, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.
17. Governing Law and Language
To the fullest extent permitted by law, these SUPPLEMENTARY TERMS OF USE are governed by the internal substantive laws of India (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for Your convenience, and You may view the English language version by (a) returning to the home page for the country that You have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the Web Site Terms of Use located at the bottom of the page.
18. General
You may not assign these SUPPLEMENTARY TERMS OF USE or any of Your interests, rights or obligations under these SUPPLEMENTARY TERMS OF USE. If any provision of these SUPPLEMENTARY TERMS OF USE is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these SUPPLEMENTARY TERMS OF USE, which shall remain in full force and effect. No waiver of any of these SUPPLEMENTARY TERMS OF USE shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
19. Written Document
You may preserve these SUPPLEMENTARY TERMS OF USE in written form by printing them for Your records, and You waive any other requirement that these SUPPLEMENTARY TERMS OF USE be evidenced by a written document.
20. Complete Agreement
Except as expressly provided in a separate license, service or other written agreement between you and Suvidha or in the applicable Suvidha rate and service guide or Suvidha tariff, these terms of use constitute the entire agreement between you and Suvidha with respect to the use of the web site, the Suvidha systems, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
21. Customer Service
Questions or comments regarding the Web Site may be submitted to Suvidha Customer Support.
22. Arbitration
Any dispute arising out of or related to or connected with any provisions under this Agreement shall be referred for arbitration of a Sole Arbitrator who shall arbitrate as per the Indian Arbitration & Conciliation Act 1996 as amended. The Persona Designata agreed by both parties for appointing the Sole Arbitrator is Managing Director, Suvidha STARNET (P) LIMITED. The arbitration proceedings shall be conducted in New Delhi. The language of arbitration shall be English. The applicable law shall be Indian Law. The award of the Sole Arbitrator shall be final and binding on each of us. Unless awarded otherwise by the Sole Arbitrator, the cost of Sole Arbitrator & Arbitration proceedings shall be borne equally by the parties.
Terms Of Sale Of Beam Prepaid Gift-Shopping Card
Please do not purchase if the Beam prepaid card or its outer wrapping is tampered with or in a suspicious state. The Beam Prepaid Gift-Shopping Card is governed by the terms and conditions of Suvidha Starnet P. Ltd. (Suvidha) as mentioned from time to time on its website (www.beam.co.in). The amount paid against sale of this Beam Prepaid Gift-Shopping Card is the pre-payment towards purchase of various goods/services offered by Beam merchants. The sale amount paid for purchasing this Beam Prepaid Gift-Shopping Card is neither a deposit given to Suvidha; nor the amount paid against sale of the Beam Prepaid Gift-Shopping Card can be withdrawn on demand from Suvidha. Please retain this voucher for future reference. Suvidha takes no liability for theft, loss, misplacing, misuse or mutilation in any manner whatsoever. Within 12 months of the Date of Expiry printed on this card, at the request of the Beam Subscriber, this prepaid card may be replaced by Suvidha by way of another prepaid card of the same amount. If the outstanding balance in your Beam Subscriber Account remains unutilized for a period of 36 months, thereafter the said amount shall be depleted at the rate of 10 percent per month. Prices, tariff, service fee, taxes and validity etc. are subject to change without notice by Suvidha. The value of this paper card is Re. 1 only.
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