For Subscription Terms of Service, click
Welcome to batchmates.com owned by Allindia Technologies,
found in the location www.batchmates.com- the place where friends unite for
life. By using batchmates, (the "Web site") you agree to be bound by these
member ("Member"). If you wish to become a Member, communicate with other
Members, and make use of the batchmates service ("Service"), read these
Agreement sets out the legally binding terms for your membership and may be
modified by batchmates from time to time. Any modifications shall be effective
upon posting by batchmates on the Web site.
These Terms are an agreement between you and Allindia
Technologies Limited (owners of batchmates.com and includes
"batchmates.com"). It is important that you understand both the benefits we
provide as well as our limitations.
This Agreement applies to the web sites, or networks, owned
by Allindia Technologies Limited- including "batchmates .com". We
refer to these web sites as the "Allindia Technologies Limited
While Allindia Technologies Limited Sites each offer a
different combination of services and tools from one site to another, this
agreement reflects the Allindia Technologies Limited Site approach to
1. Acceptance of Terms
When you complete the member registration process, you agree
to these Terms. These Terms may be updated from time to time. This agreement
sets out the legally binding terms for your membership. Your continued use of
our services signifies your acceptance of the changes, effective upon notice to
you as a member. These Terms will always be available to users on this page for
you to read.
When using free services offered through batchmates.com's
third-party service providers, such as email, you will be subject to terms
posted by these third-party service providers. Registration for a
batchmates.com Site signifies your agreement to those additional terms. Also,
by opting into third-party offers, you will be subject to terms posted by these
third-parties. Opting into these offers signifies your agreement to those
Registration to batchmates is open to anyone. For registering in the Dating section
you must be of legal age or over as per the laws of your country.
By using the Web site, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement. If you are merely surfing or browsing
through the site and have not yet registered to become a member, your use of
Non-Commercial Use by Members
The batchmates Web Site is for the personal use of individual members only, and may
not be used in connection with any commercial endeavors. This includes
providing links to other websites, whether deemed competitive to batchmates or
otherwise. Organizations, companies, and/ or businesses may not become Members
of batchmates and should not use the batchmates Service or Web Site for any purpose
unless batchmates provides them such rights. Illegal and/ or unauthorized uses
of the Web Site, including collecting usernames and/ or email addresses of members by electronic or other
means for the purpose of sending unsolicited email, forwarding commercial or
other offers to other Members by this Site or by email or other means external
to the Site, unauthorized framing of or linking to the Web Site
will be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress.
3. Email Products Selection
During registration, you will be provided the option of
receiving Mailers, which will let you know when new members from your school
have registered or other similar mailers. Many people appreciate these updates.
You will also have the option of receiving a variety of periodic emails. The
choice to receive any of these email products is completely yours. You can
unsubscribe at any time. Confirmation emails are sent to you to verify your
email address. If the confirmation email "bounces" back, we may
deactivate your membership. It is your responsibility to make sure we always
have your current email address. If we do not, we will not be able to pass
information from your friends to you (which is one of the main purposes of our
site). We will also keep you updated of our new functionality and new product
offerings via email from time to time.
Batchmates.com currently offers free membership to all.
All members may:
Send 'UNPAID' mails.
Search for friends.
View the various member directories including browsing other
Post their name in all relevant batchmates.com directories
(high school, military, etc.).
Upload photos in photo gallery, pictograph.
Receive class/ company-specific information.
Receive periodic mail from us, which will let you know when
new members register in your school/ organization/ association.
Receive our various emails, which provide discounts and
other information of interest to batchmates.com members.
Batchmates.com will change the specific services offered to
our members from time to time and has the right to do so without advance notice
to our members. We strive to improve your experience on our site and will test
a variety of service offerings in an attempt to provide you with useful tools
5. About our Services
A) Batchmates.com. As a commitment to our users, we
currently provide you with access to a rich collection of online resources.
These include various communications tools; online forums, personalized content
and branded programming through batchmates.com's web site-based
B) Service Limitations. We will do our best to make your
experience with the batchmates.com Sites a pleasurable one. However, we cannot
always foresee or anticipate technical or other difficulties. These
difficulties may result in loss of data, personalization settings or other
service interruptions. For this reason, you agree that batchmates.com's
services, including the services of our third party service providers, are
provided "As is and as available". The batchmates.com Sites and our
third party service providers cannot assume responsibility for the timeliness,
deletion, miss-delivery or failure to store any user data, communications or
C) Service Changes and Discontinuation. Batchmates.com
reserves the right to change or discontinue, temporarily or permanently, the
Service at any time without notice. You agree that batchmates.com will not be
liable to you or any third party for any modification or discontinuance of the
6. "Rules of the Game"
For the benefit of the entire batchmates.com community, and
to comply with applicable laws, we have a few mandatory guidelines that we call
"Rules of the Game." We hope you will find them reasonable. Please
understand, though, that any conduct that violates the Rules of the Game is
grounds for termination of your account. For this reason, we ask that you
carefully read and follow them.
A) Provide Accurate Information. You agree to provide
true, accurate, current and complete information about yourself as requested in
the batchmates.com Sites' registration forms (we call this information
"Registration Data"). Accurate records help us create better sites
and provide us with opportunities to identify new services or products that may
interest you. Please update the Registration Data to keep it current and
B) Guard Your Password. You are responsible for
maintaining the confidentiality of your password and account. And you are fully
responsible for all activities that occur using your password or account.
Please notify batchmates.com immediately of any unauthorized use of your
password or account or any other breach of security.
C) Obey the Law. You agree not to use the service for
illegal purposes or for the transmission of material that is unlawful,
harassing, libelous (untrue and damaging to others), invasive of another's
privacy, abusive, threatening, or obscene, or that infringes the copyrights
(rights of an owner of written material) or other intellectual property of
D) Use E-mail. Some of batchmates.com web sites
presently provide its members with access to a virtual mailbox. In return for
this access, you agree not to use the service to broadcast "junk
mail," "spam," "chain letters," or unsolicited mass
distribution of files or images. In order to ensure that these communication
services are not abused, batchmates.com may establish general practices and
limits concerning their use. These may include but are not necessarily limited
to a maximum number of days that messages will be retained by the service, a
maximum number of messages that may be sent from or received by an account on
the service, a maximum size or length of any message that may be sent from or
received by an account on the service, a maximum amount of disk space that will
be allotted for your stored messages, and a maximum time period and number of
times you may have access to the service in a given time frame. If you receive
email that you find harassing, please forward the email to us at
email@example.com with a description of the situation.
E) Content Restrictions. The batchmates.com Sites
attempt to provide some of the very best content available on the web and we
make it available to you on the Web for your personal, non-commercial use. All
Web site design, text, graphics, the selection and arrangement thereof, and all
software that are part of the batchmates.com Sites are protected by international
copyright laws. The publication, sale, or redistribution in any form or medium
of text, photos, graphics, audio and/ or video materials or any other form of
proprietary content found on the batchmates.com Sites is strictly prohibited
without the prior written permission of Allindia Technologies Limited. Content
that is publicly available on the batchmates.com Sites may not be stored in a
computer, except for personal and non-commercial use. This site
(batchmates.com), and all of the content of the site, is protected by
intellectual property and other laws throughout the world. Unauthorized use of
the site would be a violation of ' and its licensors' rights. In addition, the
trademarks, logos and service marks displayed on this site (collectively, the "Trademarks")
are the property of batchmates.com, its affiliates, and various third parties.
The site and the software incorporated in the site may not be reverse
engineered, decompiled or disassembled.
F) Limits On Uses of User Information. By using any
of the batchmates web sites or networks you agree not to data scrape, copy,
aggregate, redistribute, alter, reproduce or re-use for commercial purposes any
user's (whether specific to any particular user or as an aggregation of users'
information) information accessible through any web sites or networks owned by
Allindia Technologies Limited. "Commercial purposes" can include but
is not limited to selling information to third parties; using the data
collected to customize users' experiences at a site or network outside of
batchmates.com; using the data for targeted marketing campaigns not affiliated
with batchmates.com; or using the data to offer services to batchmates.com
users. Batchmates.com reserves the right to take immediate action against any
individual or entity participating in any of the prohibited actions mentioned
G) Consolidated Sites. Batchmates.com users should
exercise caution when using consolidation sites. Consolidation sites are
Internet sites that offer the ability to collect all of your personal
information on one site. For example, you may be encouraged to provide
consolidation site operators access to your batchmates.com accounts or
membership information so that the information can be used to design customized
search engines, web pages or advertising for you. All transactions initiated
through a consolidation site using access information you provide are
considered to be authorized by you, whether or not you were aware of the
specific transaction. Batchmates.com is therefore not responsible if the
security, accuracy or quality of your information is compromised by a
consolidation site you have authorized to access your data.
H) Other points
You agree to:
Follow all local, state, national and international laws and
Take responsibility for all acts that occur under your
account or password, including any content transmitted or broadcast from your
Maintain the confidentiality of your password and login
Provide only accurate and appropriate personal information
about yourself. Please do not post sexually explicit language. You agree to
keep your personal information posted on the site within the convention of good
taste. We do not review the directory or individuals' profiles looking for
inappropriate material, but if it is brought to our attention, we will require
that you revise or delete the inappropriate information. We have the right to
request edits or make edits to your personal information at our discretion.
You agree NOT to:
incognito names (except while dating) when registering or communicating on
your access to batchmates.com for any commercial purpose.
junk mail to our members or solicit our members for commercial purposes.
your email address, visible to other members. Similarly you may not post
any telephone numbers, street addresses, URL's profile on any message
posts, photographs, emails or other areas visible to or directed at non
information found in the site without first obtaining written permission
from Allindia Technologies Limited.
any false, misleading, slanderous, libelous, or inaccurate information
about others/ yourself on our site. In the event you do, we have the right
to release your identifying information to the police, our attorneys or
the individual you mentioned in your posting so that they may take action
against you. A few individuals have abused their membership privileges in
the past and they are hereby notified that we will not tolerate slanderous
or forward any confidential correspondence from your friends registered on
Other important rules:
Misuse or abuse of the messages sent via the "Send
Email" icon on batchmates.com will result in the immediate termination of
Batchmates.com reserves the right to modify, suspend or
terminate access to the site at any time without notice or refund if you are
suspected of violating any of these Terms of Service. We also reserve the
right, on occasion, to require you to change your login name and password.
Swearing, obscenities, and inappropriate behavior (as solely
determined by) on bulletin boards, events, or otherwise on the site will not be
tolerated, and your membership will be immediately terminated if we determine
that you have participated in such behavior on the site.
Reporting abusive conduct: Please contact us at
firstname.lastname@example.org in the event you need to report abusive conduct.
Although we have no obligation to police the site, we do try to remove content
that is clearly inappropriate when it is brought to our attention.
Consequences for abusive conduct: In the event you
violate these Terms of Service, batchmates.com has the right to terminate your
account. In the event of a serious violation (as solely determined by
batchmates.com) batchmates.com may also file suit against you for business
interference or other appropriate legal theories and we will seek compensation
from you for potential damage to our reputation and finances caused by your actions.
Batchmates.com has the right to eliminate any Buddy Lists suspected of
violations of the law or our Terms of Service. Batchmates.com will cooperate
with the authorities on any said suspected violations.
7. Rights You Grant to the batchmates.com Sites
A) Distributing Content You Produce. Subject to
and our third party service providers any "content" you provide
through or to the batchmates.com Sites and the service they offer. The
batchmates.com Sites may modify, display, distribute and create new material
using such content on batchmates.com Sites for the promotion and marketing of
our services and the operation of our system. Notwithstanding this license,
batchmates.com will take reasonable precautions to help you to keep your email
and voicemail messages (if applicable) private.
B) Personal Information and Submissions. By submitting your
personal, events and related information to us, you are thereby granting to a
royalty-free, worldwide exclusive license to use this information and your
exact words (and excerpts and edited versions of your submissions) in all media
now known or hereinafter developed, and in promotions, and to sublicense and
transfer this right to third parties, and you waive all claims against for any
violations of copyright, rights of privacy, publicity, and defamation or other
personal torts arising from ' use of the information in such media. No payments
shall be due to you for such grant of rights, and you may or may not receive
credit as the author of such works in any use of them. By submitting content,
you automatically agree, or promise, that the owner of such content has
expressly agreed that, without any particular time limit, and without the payment
of any fees, the batchmates.com Sites and anyone they permit may reproduce,
display, distribute and create new works of authorship based on and including
the content. You may not submit materials that have been trademarked or
copyrighted by anyone other than yourself.
C) Batchmates.com Advertising.
1. Advertising Materials:
Part of the Site will contain advertising, displays and/ or other related
materials ("Materials") submitted to batchmates by third
parties/ entity(s). Advertisers are responsible for ensuring that Materials
submitted for inclusion on the Site complies with applicable national and
international laws. Batchmates will not be responsible for or endorse any
advertiser's claim, error, omission or inaccuracy in the Materials and reserves
the right to omit, suspend or change the position of any Material submitted for
In this regard, the User(s)/Member(s) acknowledges that he/ she/ it will be
utilizing the Materials, solely at their own risk and responsibility and the
User(s)/ Subscriber(s)/ Member(s) shall hold neither batchmates nor its
parent/ subsidiary companies nor their affiliates nor its officers responsible
for any such usage of such Materials, either directly or indirectly, so
provided by the third parties/ entity(s).
Any opinion, advice, statement, service(s), offers or other information or content
expressed or made available by third parties, including information providers,
advertisers, User(s)/ Subscriber(s)/ Member(s) or any other user of the Site (the
"Content"), are those of the respective author(s) or distributor(s) or
information and/ or content providers and not of the Company. Neither the
Company nor any third party provider of information guarantees the accuracy,
completeness or usefulness of any Content nor its merchantability or fitness
for any particular purpose.
In many instances, the Content available through the Site represents the opinions
and judgments of the respective information provider, subscriber or other user
not under any specific contract, agreement, arrangement or understanding with
batchmates. Batchmates neither endorses nor is responsible for the correctness,
accuracy, reliability or otherwise of any opinion, advice or statement made on
the Site by anyone other than specifically authorized by batchmates through its
designated authorized spokesperson(s) acting in their official capacities.
In this regard, the User(s)/ Subscriber(s)/ Member(s) acknowledges that he/ she/ it
will be utilizing the Contents, solely at their own risk and responsibility and
the User(s)/ Subscriber(s)/ Member(s) shall hold neither batchmates nor its
parent/ subsidiary companies nor their affiliates nor its officers responsible
for any such usage, either directly or indirectly, of the Contents so provided
by the third parties/ entity(s).
2. Dealings with Advertisers
In the event the User(s)/ Member(s) has any correspondence or business dealings
with, or participates in promotions of, advertisers found on or through the
Site, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, such a communication is solely between such a User/ Subscriber/ Member
and the advertiser. The User(s)/ Subscriber(s)/ Member(s) agree that batchmates
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the Site.
D) Account Access. In order to ensure that the
batchmates.com Sites are able to provide high-quality services that are
responsive to members' needs, you agree that batchmates.com employees have
access to your account and records as reasonably needed, with or without the
aid of appropriate monitoring software to investigate complaints and to monitor
and enforce compliance with our terms or service for free members.
Batchmates.com reserves the right to filter the Email-Id's posted by non club
members only through its Intelligent Scheduler.
E) Merger or Acquisition. In order to ensure a smooth transition
of services relative to your subscription, in the event of a merger,
acquisition, reorganization, sale of all or substantially all of its assets, or
the sale of an individual website owned by Allindia Technologies Limited,
batchmates.com may transfer your Personally Identifiable Information to a third
party as a part of such merger, acquisition, reorganization, or sale.
8. Links to other Sites
Batchmates has provided or may provide links and pointer to internet sites
maintained by third parties/entity(s) ("Linked Site(s)"). The
User/ Subscriber/ Member acknowledges that the Site is providing these links to
him/ her/ it only as a convenience and when the User/ Member clicks on a link to
visit a Linked Site(s), a frame may appear that contains the company's logo,
advertisements and/ or other content selected by such third party(s)/ entity(s).
Neither batchmates, its parent or subsidiary companies nor their affiliates
operate or control in any respect any information, products and/ or services on
these Linked Site(s). The materials on the Site and the Linked Site(s) are
provided "As Is" and without warranties of any kind, either express or implied.
Batchmates does not warrant that the functions contained in the materials will
be uninterrupted or error free, or that defects will be corrected or that this
Site, including the server that makes the links to the Linked Site(s)
available, are free of viruses or other harmful components. Batchmates does not
warrant or endorse or certify or validate or endorse or sponsor or recommend or
make any other representations regarding the use or the results of the use of
the information and materials in the Linked Site(s) in terms of their
correctness, accuracy timeliness, reliability or otherwise. The inclusion of
any link to such site(s) does not imply endorsement, sponsorship,
certification, validation, recommendation or representation, either directly or
indirectly, in any manner whatsoever, by batchmates of the included sites.
In this regard, the User(s)/ Subscriber(s)/ Member(s) acknowledges that he/ she/ it
will be utilizing the services, content, information and facilities provided by
the Linked Site(s) based on the terms and conditions set forth by such Linked
Site(s), solely at their own risk and responsibility and the User(s)/ Subscriber(s)/ Member(s)
shall hold neither batchmates nor its parent/ subsidiary companies nor their
affiliates nor its officers responsible for any such usage, either directly or
indirectly, of such Linked Site(s).
Further, the User(s)/ Subscriber(s)/ Member(s) expressly agrees that in the event
he/ she/ it wants to use any of the services, content, information and facilities
on the Linked Site(s), the User(s)/ Subscriber(s)/ Member(s) shall be bound by
the relevant terms and conditions displayed on such Linked Sites.
Information Submitted- All remarks, suggestions, ideas, graphics or other information (the
"Information") communicated to batchmates through this Site (postings
on guestbook etc.) will forever be the property of the batchmates. Unless
otherwise specified, batchmates will not be required to treat the information
as confidential. Batchmates shall have exclusive ownership rights, title and
interest of all present and future existing rights, title and interest in the
information, without compensation to the User sending such Information.
9. Other Legal Stuff
A) Disclaimer of Warranties. You expressly understand
and agree that:
Your use of the service is at your sole risk. The service is
provided on an "AS IS" and "AS AVAILABLE" basis. Batchmates.com
and its third party service providers expressly disclaim 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
Batchmates.com makes no warranty that (i) the Service will
meet your requirements, (ii) the Service will be uninterrupted, timely, secure,
or error-free, (iii) the results that may be obtained from the use of the
service will be accurate or reliable, (iv) the quality of any products,
services, information, or other material purchased or obtained by you through
the service will meet your expectations, (v) that your email or voicemail
messages (if applicable) will not be lost, or edited and (vi) any errors in the
software will be corrected.
Any material downloaded or otherwise obtained through the
use of the Service is done at your own discretion and risk, and you will be
solely responsible for any potential damage to your computer system or loss of
data that results from the download of any such material. No advice or
information, whether oral or written, obtained by you from the batchmates.com
Sites, our third party service providers, or through or from the Service will
create any warranty not expressly stated in the terms.
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations may not apply
To the extent that any part of this section is not
consistent with any other part of these terms, then this Disclaimer of
Warranties will override it. EXCEPT AS SPECIFICALLY PROVIDED IN THIS PROVISION,
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND BATCHMATES.COM DISCLAIMS,
AND YOU WAIVE, ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER
WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION RELATED TO THE SITE AND ITS
CONTENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF
DEALING OR USAGE OF TRADE. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SITE ARE
NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR, AND BATCHMATES.COM AND ITS
PROVIDERS DO NOT WARRANT THE ACCURACY, CURRENCY OR RELIABILITY OF INFORMATION
ON THE SITE. YOU ASSUME THE ENTIRE RISK AND COST OF REPAIRS OR CORRECTIONS TO
YOUR HARDWARE OR SOFTWARE DUE TO THE USE OF THE SITE. This disclaimer of
warranty may not apply to all users.
Limitations of Liability & Remedies: YOUR USE OF
THE SITE IS ENTIRELY AT YOUR SOLE RISK, AND ALLINDIA TECHNOLOGIES LIMITED'S
DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS OR AFFILIATES SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGE TO YOUR COMPUTER FROM USE OF
THE SITE OR VIRUSES, OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS
OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OR NONPERFORMANCE OF
THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUES,
BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS EVEN IF HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSS. Your sole and exclusive remedy for any
breach of this agreement by BATCHMATES.COM shall be a refund of the fees paid
for membership. Batchmates.com is not responsible for, and shall have no
liability with respect to, the content of third party Web sites that are linked
to or from the site. is not responsible for the user generated content on the
site. Some states do not allow the exclusion or limitation of liability to the
extent set forth herein; therefore, this provision may not apply to every
person as written.
Software Copyright. Batchmates software
program is protected as a creative work. Batchmates Database also possesses
copyright protection for the selection and arrangement of the contents.
Database right exists in the data itself. This is an automatic right and
protects batchmates database against the unauthorised extraction and
re-utilisation of the contents of the database. No Software may be downloaded from the Web site or otherwise exported or
re-exported (i) into (or to a national or resident of) any Country to which
India has embargoed goods; or (ii) to anyone in India in any department (State
Customer Warranties & Indemnification: You
warrant and represent that
shall abide by all the terms and conditions of this agreement;
will not take any action which would derogate 'or its licensors' rights
in and to their intellectual property or content;
will not infringe on the copyrights of any third parties;
will not violate any laws in your use or postings of information on the
site; and you will not interfere in the business of batchmates.com by
posting information that violates the rules outlined above or by
attempting to divert traffic from the Site. You shall indemnify and hold
harmless, and at request defend, its directors, officers,
shareholders, employees, agents, affiliates and owners (each, an
"Indemnified Party") from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs and expenses
(including reasonable lawyers' fees, an allocation for in-house counsel,
and other legal costs) arising out of any claim of any third party
resulting from any breach of your representations, warranties or covenants
set forth in this agreement. You shall reimburse each Indemnified Party on
demand for any costs, expenses and liabilities incurred by such
Indemnified Party to which this indemnity relates.
B) No Endorsement of Member Content. You acknowledge and
agree that the batchmates.com site do not endorse the content of any member and
is not responsible or liable for any content, even though it could be unlawful,
harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable, or that it infringes or may infringe the
intellectual property or other rights of another. You acknowledge that the
batchmates.com Sites do not pre-screen all content, but that the batchmates.com
Sites and their designees will have the right (but not the obligation) in their
sole discretion to refuse, edit, move or remove any content that is publicly
available via the service.
Under no circumstances will batchmates be responsible for any loss or damage,
including personal injury or death, resulting from anyone's use of the Web site
or the Service, any Content posted on the Web site or transmitted to Members,
or any interactions between users of the Web site, whether online or offline.
The Web site and the Service are provided "AS-IS" and batchmates
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Batchmates cannot guarantee and does not promise any specific
results from use of the Web site and/ or the Service.
C) Limitation of Liability. You agree that the
batchmates.com Sites will not be liable for any harms, which lawyers and courts
often call direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if the batchmates.com Sites have
been advised of the possibility of such damages), resulting from: (i) The use
or the inability to use the service; (ii) The cost of getting substitute goods
and services resulting from any products, data, information or services
purchased or obtained or messages received or transactions entered into through
or from the service; (iii) Unauthorized access to or alteration of your
transmissions or data; (iv) Statements or conduct of anyone on the service; or
(v) Any other matter relating to the service.
D) Indemnification. You agree to protect and fully
compensate the batchmates.com Sites and their service providers from any and
all third-party claims, liability, damages, expenses and costs (including, but
not limited to, reasonable legal & lawyer fees) arising from your use of
the services, your violation of the terms or your infringement, or infringement
by any other user of your account, of any intellectual property or other right
E) More Stuff. The batchmates.com Sites provide
information of a general nature and are designed for informational and
entertainment purposes only and are not meant to be a substitute for medical,
health, legal, or financial advice from a professional. Consult with your
professional for any specific medical, health, legal, or financial concern. The
batchmates.com Sites do not endorse any of the treatments, medications, or
products discussed herein.
Batchmates.com rights under this Agreement may not be waived
unless Allindia Technologies Limited agrees to such change in writing. This
Agreement is personal to you and you may assign this agreement only with
Allindia Technologies Limited's prior written approval. Any other attempt to
assign, transfer or delegate this Agreement shall be null and void.
Partnership/ Assignment. Our relationship is not one of agency or
partnership and you will not be deemed to be a partner, employee,
fiduciary, agent or representative of batchmates.com by your use of the
site. You may not assign or transfer your rights to any third party.
These terms are severable. In the event that any provision is determined
to be unenforceable or invalid, such provision shall nonetheless be
enforced to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any
other remaining provisions.
Waiver. Failure to enforce a term of this agreement shall not be deemed a
subsequent waiver of that term or other terms.
of Membership Permitted. The license granted in this agreement shall
terminate automatically without notice from batchmates.com if you fail to
comply with any provision of this agreement. Batchmates.com may terminate
a free membership at its sole discretion.
of No Effect. The headings in this agreement are used for convenience only
and not for interpretation.
Subscription Terms of Service
THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A
LEGAL AND BINDING AGREEMENT BETWEEN YOU ("SUBSCRIBER",
"YOU," "YOUR" OR "YOURSELF"), AS THE END USER,
AND Allindia Technologies Limited ("OUR," "US," OR
"WE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING
Batchmates.Com SUBSCRIPTION SERVICE (THE "SERVICES"). BY REGISTERING
FOR THE SERVICES, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND
AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT
AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE
THE REGISTRATION PROCESS.
1. Termination of Service
You acknowledge that batchmates.com, in its sole discretion,
may terminate your ID, password, account (or any part thereof) or use of the
Service for any reason, including, without limitation, if batchmates.com
believes that you have violated or acted inconsistently with the letter or
spirit of the Agreement or batchmates.com User Agreement. Batchmates.com may
also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this Agreement may be
effected without prior notice, and acknowledge and agree that batchmates.com
may immediately deactivate or delete your account and/ or bar any further access
to the Service. Further, you agree that batchmates.com shall not be liable to
you or any third-party for any termination of your access to the Service.
Subscribers are responsible for providing all personal
computer and communications equipment necessary to gain access to the Service.
Access to and use of premium services is through a combination of an ID and a
password. Each Subscriber must keep his password strictly confidential.
Batchmates.com will not release passwords for any reason, except as may be
specifically required by law or court order. Unauthorized access to premium
service is a breach of this Agreement and a violation of law.
No warranty is made by batchmates.com regarding any
information, services, or products provided through or in connection with
subscription services, and batchmates.com hereby expressly disclaims any and
all warranties, including without limitation: any warranties as to the
availability, accuracy, or content of information, products, or services; any
warranties of merchantability or fitness for a particular purpose. Some
countries/ states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. The subscriber hereby warrants and
represents that he or she is in all respects is qualified and competent to
enter into this agreement.
4. Limitations of Liability
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA
ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY
ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE
TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
5. User Restriction
The material on batchmates.com web sites is for the private,
non-commercial enjoyment of Subscribers only. Any other use is strictly
prohibited. Batchmates.com spends a great deal of time and money to obtain the
information appearing on its web sites. Members agree that they will not copy,
publish, or in any way make available publicly any news, pictures, interviews,
features, or any other information from batchmates.com web sites, without
express written permission from batchmates.com. Members agree that, should they
do so, batchmates.com reserves the right to cancel their Membership
immediately. Additionally, reuse of copyrighted information (pictures,
interviews, features, videos, audio, etc.) will be prosecuted to the fullest
extent of the law.
6. Modifications to Site & this "Terms of Service"
Batchmates.com reserves the right to discontinue, delete,
change or modify the content or purposes of the site from time to time. This
agreement is subject to change by batchmates.com at any time. We may modify any
of the terms and conditions contained in this Agreement at any time in our sole
discretion. You will be notified by email where reasonably possible and a
change notice will be posted at www.batchmates.com/ user
agreement.aspx. If any modification is unacceptable to you, you agree that your
only recourse is to terminate this Agreement. Your continued use of the Service
following our posting of a change notice or new agreement on the batchmates.com
Sites will constitute your binding acceptance of the change.
Notices by batchmates.com to Subscribers may be given by
means of electronic messages or by a general posting on the service. Notices by
Subscribers may be given by electronic messages.
For answers to questions about your batchmates.com services/
subscription, please visit our Help section. In
case you fail to find a satisfactory answer to your query please write to
email@example.com. Please include your name, Unique ID and email address
in all sorts of correspondence/ communication to get a quick response from us.
9. The Agreement
This Agreement is governed by the laws of the State of West
Bengal, INDIA, without regard to its conflicts of law provisions; and you
hereby consent to the jurisdiction of and venue in the state and Central courts
of West Bengal, INDIA, in all disputes arising out of or relating to the
Service. In addition, you hereby consent to the exclusive jurisdiction of and
venue in such courts for any action commenced by you against us (or our
affiliates). Use of the Service is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this Section. You shall not use the Service in any manner
contrary to local, state or federal law. Batchmates.com expressly disclaims any
and all responsibility or liability for any action by you that is contrary to
such law(s) by you and reserves the right to terminate your Service immediately
upon notice for your failure to comply with any such local, state or federal
law. Our performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement is in derogation of our right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Service or information provided to or gathered by
us with respect to such use. If any part of this Agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the Agreement shall continue in effect. This
Agreement constitutes the entire agreement between you and us with respect to
the Service and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and us with respect
to the Service. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
10. Entire Agreement
This agreement is the entire understanding between us
regarding your access to, license and use of the site and its content and
supersedes any prior agreements, statements or representations with respect to
the same. If any provision of this agreement is held invalid, the remainder of
this agreement shall continue in full force and effect.
We sincerely hope you enjoy your use of the batchmates.com
site. Please understand that these rules protect the integrity of the
information for all our members.
Direct Questions or Notices to:
Allindia Technologies Limited
Attn: User Agreement Mail
Ground Floor, "Aakashdeep Building",
5, Lower Rawdon Street,
Kolkata, West Bengal, INDIA 700 020
Phone: 91-33-24765064 or 24754136
Or write to us at firstname.lastname@example.org