Terms and Conditions
 
This is a legal agreement between you, the Subscriber and 9th click Web Solutions (India) Pvt. Ltd., a Guntur based Indian company, which owns and operates 9thclick.com web site. Please read this agreement carefully and accept the terms of usage before using the website 9thclick.com.
 
Terms of Use
1. The Web Site
9thclick.com is an on-line service operated by 9th click Web Solutions India Pvt. Ltd. (9thclick.com) on the World Wide Web of the Internet. The Subscriber refers to every individual/business, who is/are a registered user or casual browser for access to and/or use of 9thclick.com.
2. General
(i) This Agreement lays down the terms and conditions applicable to the Subscriber to use 9thclick.com. By using 9thclick.com, the Subscriber agrees to comply with all of the terms and conditions hereof. Use of 9thclick.com is deemed personal to the Subscriber and is non transferable. The Subscriber is responsible for the use of Subscriber's Account (under any login name or password) and for ensuring that all use of the Subscriber's Account are in compliance with the provisions of this Agreement. The Subscriber is solely responsible for protecting the confidentiality of his/her password(s).
(ii) 9thclick.com has the right to discontinue or alter any feature of the said website including, content, hours of availability, and equipment required for access or use.
3. Terms for Changes
9thclick.com has the right at any time to change or modify the terms and conditions applicable to the Subscriber's use of 9thclick.com or any part thereof, or to impose new conditions. The changes, modifications, additions or deletions shall be effective immediately upon notice thereof. Such modifications may be informed by posting on 9thclick.com, or by electronic or conventional mail, or by any other means deemed suitable by 9thclick.com. Use of 9thclick.com by the Subscriber after such a notice shall be deemed accepted by the Subscriber of such changes.
4. Equipment for Usage
The responsibility of acquiring and maintaining internet connection, computer hardware, software and other paraphernalia and the related charges required to access and use 9thclick.com lies with the Subscriber.
5. Terms of Payment
Payments maybe made both online and/or offline.
Online payments through credit cards/debit cards/ATM cards of VISA or MasterCard subject to the transaction being accepted by the respective bank or authority or payment gateway. 9thclick.com or 9th Click Web Solutions (India) Pvt. Ltd shall not be held responsible for any interception(s) or failure(s) in the transaction(s).
Offline paymentsare through cash on delivery, cheque(s) and bank draft(s). Cheque(s) and bank draft(s) should be drawn in favor of 9th Click Web Solutions (India) Pvt. Ltd payable at Bangalore. Goods and services from 9thclick.com shall be made available only on clearance of the cheques/bank drafts from the respective banks.
9thclick.com reserves the right to determine the terms and conditions under which payments may be made and accepted. These are subject to change without prior notice and any prior intimation is purely the prerogative of 9thclick.com
6. Conduct of Subscriber
(a) 9thclick.com shall be used by the Subscriber for lawful purposes only. The Subscriber shall not post or transmit through 9thclick.com any material which violates or infringes upon the rights of others. Any content considered by 9thclick.com as unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or violate any law shall not be permitted. Any conduct by the Subscriber that in 9thclick.com's discretion restricts or inhibits any other Subscribers from using or enjoying 9thclick.com will not be permitted. The Subscriber shall not use 9thclick.com to solicit other users to become subscribers of other online services competitive with 9thclick.com.
(b) 9thclick.com contains copyrighted material, trademarks and other proprietary information with reference to text, software, photos, video, graphics, music and sound. All the contents of 9thclick.com are copyrighted under the Indian copyright laws. 9thclick.com owns a copyright for its original content as well as in arrangement with, selection of and coordination with its other service providers/vendors/partners. The Subscriber shall not modify, publish, transmit, create derivative works, participate in the sale or transfer, or in any way exploit any content, in whole or in part. Copyrighted material can be downloaded by the Subscriber solely for personal use only. Unless permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the permission of 9thclick.com and the copyright owner. In case of granting permission for replication, redistribution or republication of the copyrighted material, the Subscriber is not permitted to make changes in or deletion of author attribution, trademark legend or copyright notice. The Subscriber acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.
(C) Material protected by copyright, trademark or other proprietary rights shall not be uploaded by the Subscriber without the permission of the concerned owner. The responsibility of determining whether the said material is protected by copyright or not lies with the Subscriber. The Subscriber shall be solely accountable for any damages resulting from violation of copyrights, proprietary rights, or any other harm arising from infringed submission. Submission of material to any public area of 9thclick.com by the Subscriber automatically grants, or warrants that the owner of such material has granted 9thclick.com royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or developed hereafter for the full term of any copyright that may exist in such material. The Subscriber also permits any other Subscriber/s to access, view, and store or reproduce the material for that Subscriber's personal use. The Subscriber hereby grants 9thclick.com the rights to edit, copy, publish and distribute any material made available on 9thclick.com by the Subscriber.
7. Warranty Disclaimer/ Liability Limitation
(a) The use of 9thclick.com is at the Subscriber's sole risk. 9thclick.com, its affiliates, its employees, agents, third party content providers or licensors affirm that 9thclick.com will be uninterrupted or error free; nor do they make any warranty about the results that may be obtained by using 9thclick.com. 9thclick.com, its affiliates, its employees, agents, third party content providers or licensors do not warrant the accuracy, reliability or content of any information, service, or merchandise provided through 9thclick.com.
(b) The services and content provided on 9thclick.com are on 'as is' basis devoid of any kind of warranty, explicit, implied or subtle. This is inclusive of warranties of title, but not limited to implied warranties of fitness or merchantability for a particular purpose other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
(c) Any damage or injury caused by fault, omission, failure of performance, disruption, deletion, deficiency, interruption in operation or transmission, computer virus, internet connection failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, improper behavior, negligence, or under any other cause of action are applicable to this disclaimer of liability. The Subscriber specifically acknowledges that 9thclick.com is not liable for the conduct of other Subscribers or any third parties that could be defamatory, offensive or illegal. The risk of damages arising from such conduct rests solely on the Subscriber.
(d) Under no circumstances will 9thclick.com, or any person or entity involved in creating, producing or distributing 9thclick.com or the 9thclick.com software, is liable for any damages, including, without limitation, direct, indirect, incidental, consequential or punitive damages arising out of the use of or inability to use 9thclick.com. The Subscriber hereby acknowledges that the provisions of this section shall apply to all the content hosted on 9thclick.com
(e) It is notified that 9thclick.com, its affiliates, information providers or content partners shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects including lack of accuracy of information or time lags involved within 9thclick.com.The website is not liable for any delay or interruption in the transmission of information to the user, or for any claims or losses arising therefrom. Any third-party claims or losses of any nature, including, but not limited to, profit loss, punitive or consequential damages shall not be included in the gambit of liability of the foregoing parties. Neither, 9thclick.com, nor its affiliates, information providers or content partners vouch for or guarantee the timelines, sequence, accuracy or completeness of information made available on the website. 9thclick.com and its aforementioned allies are exempted of liability for procurement or sales decisions based on the information furnished. There are no warranties as to the results obtained consequential to the use of the information provided on the website.
8. Content Monitoring
In order to satisfy any regulation, law or a government request, 9thclick.com has the right to monitor the content, including listings and forums, on 9thclick.com, to determine compliance with this Agreement and any operating rules established by 9thclick.com. The said website shall exercise its sole discretion to edit, refuse to post or withdraw any material submitted to or posted on 9thclick.com. If on finding any material to be objectionable, or in violation of the provisions 9thclick.com has the right to withdraw the said material from the website on its sole discretion.
9. Indemnification
The Subscriber concurs to indemnify, defend and hold harmless 9thclick.com, its affiliates from and against all claims and expenses, including attorneys' fees, arising out of the use of 9thclick.com by the Subscriber or Subscriber's Account.
10. Termination Policy
This Agreement can be terminated by 9thclick.com or the Subscriber at any given time. In the event of any misconduct of the Subscriber, as perceived by 9thclick.com, to be unacceptable or in the event of any breach of this Agreement by the Subscriber, 9thclick.com reserves the right to terminate his/her account without any prior notice.
11. Trademarks
The trademarks appearing on 9thclick.com are the property of their respective owners.
12. Third Party Content
9thclick.com does not exercise editorial control on the material supplied by its distributors Subscribers and other allies. 9thclick.com reiterates that it is a mere distributor of content provided by such associates. The website exercises no more control on the content than does a public library, bookstore, or newsstand has over the books and other reading material they vend. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of 9thclick.com, are those of the respective author(s) or distributor(s) and not of 9thclick.com. Neither 9thclick.com 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. (Section 6 explicitly delineates the complete provisions governing liability limitation and disclaimers of warranty.)
Some of the content available on 9thclick.com reflects the opinions and views of the Subscriber, content provider or users not under contract with 9thclick.com. 9thclick.com neither endorses nor is responsible for the accuracy or reliability of any such opinion, advice or statement made by such sources.9thclick.com authenticates only such information provided by authorized 9thclick.com employee spokespersons while acting in their official capacities. Under no circumstances will 9thclick.com be liable for any loss or damage caused by a Subscriber's reliance on information obtained through 9thclick.com. It is the responsibility of Subscriber to evaluate the authenticity, completeness and usefulness of any information, opinion, advice or other content available through 9thclick.com.
9thclick.com suggests its users to seek the advice of professionals, undertake due diligence regarding the evaluation of any specific information, opinion, advice or other content before undertaking any transactions with 9thclick.com.
13. Miscellaneous
The policies outlined in this Agreement and the operating rules for 9thclick.com established by 9thclick.com encompass the entire agreement of the associated parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the said parties with respect to such subject matters. This Agreement shall be understood in accordance with the laws of India. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings in this Agreement are used only for expediency and are bereft of any legal implications.
14. Regarding Copyrights
Respecting the rights of all copyright holders is held supreme by 9thclick.com. The website has put in place policies that provide termination of usage in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If the users/associates believe that their work has been replicated in ways that constitute copyright infringement, please provide 9thclick.com with the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512.
1. Proof of alleged infringement or forging of a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right.
2. Identification of the copyright work claimed to have been infringed, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. Subscriber Association with Merchants, Advertisers and Users
The Subcriber's correspondence and association with merchants, advertisers, or users on 9thclick.com is solely a matter of dealing between the Subscriber and the aforementioned associates. This is inclusive of development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, The Subscriber agrees not to hold 9thclick.com liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of associated merchants, advertisers or users.
16. Refund Policy
In the event of the Subscriber not being satisfied with the services or the products whose acquisition has been enabled by 9thclick.com, it shall be the prerogative of 9thclick.com to determine the possibility of refund itself and the extent of refund. The decision to refund, mode of repayment and percentage of repayment is at the sole discretion of 9thclick.com.
Modes of Repayment
1. Charge back on the card
2. Discount coupon that can be used in subsequent transactions.
9thclick.com does not consent to any other mode of repayment
The refund policy shall be governed by specifically Clause 6 on Warranty Disclaimer/Liability Limitation, Clause 8 on Indemnification, Clause 11 on Third Party Content and Clause 14 on Subscriber Association with Merchants, Advertisers and Users individually or in association with each other clause or in association with any or all the clauses in this Terms and Conditions document.
17. User ID and Password Security
It is mandatory for the Subscriber to safeguard his/her own User ID and password to access 9thclick.com. 9thclick.com presupposes that the person using the user id and the password is the Subscriber himself/herself or is authorized by the Subscriber to act on his/her behalf.
18. Penalties
9thclick.com has the right to issue a warning, temporarily suspend, indefinitely suspend or terminate the Subcriber's membership and refuse to provide any further services if:
  • The Subscriber violates any terms and conditions of this Agreement or the agreements incorporated herein by reference, including written policies and procedures of 9thclick.com posted on the Site.
  • 9thclick.com is unable to verify or authenticate any information provided by the Subscriber.
  • 9thclick.com believes that the Subscriber's actions may cause legal liability to 9thclick.com as well as all its users. On temporary or indefinite suspension of user account or on permanent termination, the Subscriber is barred from using the services of 9thclick.com under the same account, or a different account or reregister under a new name. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the 9thclick.com service under the same account, a different account or reregister under a new account.
Violations of this Agreement will be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
19. Project Policy
The Subscriber agrees to abstain from posting any of the following.
  • Fake Projects that are posted without the intention to award or complete it. The Subscriber shall refrain from posting projects that are posted only to extract pricing details without any intention of subscribing to them
  • Projects offering commissions or equity compensation
  • Service or advertisement proposals
  • Full time employment or recruitments
  • Projects linked to adult content
  • Projects related to bulk email/"SPAM" including but not limited to bulk email hosting, scripts, programs, proxies, lists, and relay servers
Violation of any of these policies may result in suspension of the Subscribers account.
20. Inclusions
This document of Terms and Conditions shall be read and understood more fully with the Privacy Policy and Disclaimer Documents. Acceptance of Terms and Conditions shall mean as acceptance of Privacy Policy and Disclaimer Documents and as all documents being complementary to all other documents, each being individual parts of the whole.
21. Jurisdiction
All disputes are subject to city of Guntur (state of Andhra Pradesh), India jurisdiction