This is an agreement between you ("you" or "your") and "The Best Mistri", a company incorporated under the Companies Act 1956 ("The Best Mistri" "we," or "our") that governs your use of the search services offered by The Best Mistri through its website, telephone search, SMS, or any other medium using which The Best Mistri may provide the search services . When you access or use any of the services you agree to be bound by these Terms and Conditions ("Terms").
This document is also an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of different services via thebestmistri.com Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
You must be 18 or over, If you are under the age of 18 the applicable legal age in your jurisdiction, you can use "The Best Mistri" services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service.
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
We use a diverse range of information, text, photographs, designs, graphics, images, sound and video, recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, "The Best mistri" is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to "The Best Misti". You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service.
You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by the company, its subsidiaries, parent companies, and/or any third party owner of such rights.
We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
"The Best Mistri" company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from the company. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any "The Best Mistri" name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of the company.
Since, "The Best Mistri" provides information directory services through various mediums (SMS, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the company’s services and also about the Advertiser's listed at company is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by the company and any materials you add to the Site or add to any mediums offered by the company, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the "Communications").
The Best Mistri does not endorse or accept any of your Communication as representative of their (The Best Mstri) views. By transmitting any public Communication to the Site, you grant The Best Mistri an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant these rights to The Best Mistri .You hereby waive and grant to The Best Mistri all rights including intellectual property rights and also "moral rights" in your Communications, posted at The Best Mistri through any of mediums of The Best Mistri.
The Best Mistri is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also The Best Mistri reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
The Best Mistri has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. The Best Mistri cannot review all Communications made on and through any of the mediums of The Best Mistri. However, The Best Mistri reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which the company in its sole discretion deems inappropriate, offensive or contrary to any The Best Mistri policy, or that violate this terms:
The Best Mistri reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
The Best Mistri communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms The Best Mistri has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage.
Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .The Best Mistri reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with the company .Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
The Best Mistri and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
The Best Mistri serves the right to impose/change the access regulations of the Platforms, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions.
It is the responsibility of users to refer to these terms and conditions each time they use the Platforms. While every attempt has been made to ascertain the authenticity of the content in the Platforms, Best Mistri is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
Please remember that any provider of goods or services is entitled to register with The Best Mistri. The Best Mistri does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.
The material and the platforms used to provide the material (including the website) are provided "as is" and "as available" without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the platforms and materials. The best mistri does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.
Users using any of The best Mistri service across the following mediums ie. through internet i.e. www.thebestmistri.com Website , SMS, phone or any other medium are bound by this additional disclaimer wherein the user is cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with The Best Mistri.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith.
In no event shall the best mistri be liable to any user on account of such user's use, misuse or reliance on the platforms for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if the best mistri are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the platforms, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. The best mistri does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms.
The user of the platforms assumes all responsibility and risk for the use of this platforms and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
In order to access the thebestmistri.com as a service provider, you will have to first register and create an account to login on thebestmistri.com. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the best mistri immediately of any breach of security or unauthorized use of your account. Although the best mistri will not be liable for any unauthorized use of your account, you may be liable for the losses of the best mistri or others due to such unauthorized use.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of law’s provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India.
You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.
All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice.
This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the respective state/UT courts, India.
These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms.