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Terms
 

For Subscription Terms of Service, click here

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 Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members, and make use of the batchmates service ("Service"), read these Terms of Use and follow the instructions in the Registration process. This 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 Sites."

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 memberships.

  SECTION A

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 additional terms.

2. Eligibility

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 the Website is still subject to the Terms of Use; if you do not agree to the Terms of Use, do not use the Website.

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.

4. Membership

Batchmates.com currently offers free membership to all.

All members may:

Read mails.
Send 'UNPAID' mails.
Search for friends.
View the various member directories including browsing other schools.
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 and services.

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 "Service".

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 personalization settings.

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 Service.

D) Privacy Policy. Batchmates.com respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to these Terms, you are also accepting the terms of our Privacy Policy.

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 accurate.

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 others.

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 support@batchmates.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 above.

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 regulations.

Take responsibility for all acts that occur under your account or password, including any content transmitted or broadcast from your account.

Maintain the confidentiality of your password and login identity.

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:

  1. Use incognito names (except while dating) when registering or communicating on our site.
  1. Use your access to batchmates.com for any commercial purpose.
  1. Send junk mail to our members or solicit our members for commercial purposes.
  1. Post 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 paying members.
  1. Republish information found in the site without first obtaining written permission from Allindia Technologies Limited.
  1. Post 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 postings.
  1. Post or forward any confidential correspondence from your friends registered on batchmates.com.

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 membership.

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 support@batchmates.com 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 batchmates.com's Privacy Policy, you are licensing to the batchmates.com Sites 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 insertion.

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 non-infringement.

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 you.

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 or Central).

Customer Warranties & Indemnification: You warrant and represent that

  1. You shall abide by all the terms and conditions of this agreement;
  2. You will not take any action which would derogate 'or its licensors' rights in and to their intellectual property or content;
  3. You will not infringe on the copyrights of any third parties;
  4. You 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 of anyone.

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.

Miscellaneous Terms:

  • No 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.
  • Severability. 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.
  • No Waiver. Failure to enforce a term of this agreement shall not be deemed a subsequent waiver of that term or other terms.
  • Termination 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.
  • Headings of No Effect. The headings in this agreement are used for convenience only and not for interpretation.

SECTION "B"

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.

2. Access

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.

3. Warranty

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.

7. Notices

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.

8. FAQ

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 support@batchmates.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
Fax: 91-33-24852196

Or write to us at support@batchmates.com


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