1. Definition of the Terms Used :
Unless repugnant to the subject or context, the words appearing herein below shall have the meanings as set forth below:
• "Agreement" shall mean if agreed between the two parties involved, and include the User completed application form, its attachment(s) and the terms and conditions stated therein and includes the documents incorporated by reference including but not limited to the Disclaimer, Warning against Fraud, any sort of Form or Bill's terms and conditions and such other documents that Shaadmaani Networks may in its absolute discretion add to the Site from time to time. It shall deem to have been executed at Ambur, Tamil Nadu.
• "Banner" means a service offered to a User wherein a graphic images of various sizes are placed on the Site and used to advertise the product(s) and/or service(s) of the User and these graphic images are linked to the User's own website.
• "Company" means Shaadmaani Networks, along the of the Company's website by name WhichIsWhere.Com and where the context so requires, means and includes all Shaadmaani Networks' associates and affiliate entities, if any present.
• "Date of Commencement" in case of the Paid Membership is the date indicating the acceptance of the application by the User to the Service. It shall be specified by the Company in its notice to the User either through auto e-mail or conventional mail, upon registration by the User.
• "Date of Termination" is the date when the User's subscription comes to an end and/or the date mentioned in an email message auto responder of termination issued by the Company.
• "On-line Catalogue" is a platform wherein a User can showcase its/his products or services on-line by posting on the Site the photographs and ordering information of such product and/or service.
• "Party" or "Partie(s)" means the User and/or the Company in reference to the context.
• "Registration Data" is the database of all the particulars and information supplied by the User on initial application and subscription, including but not limited to the User's name, telephone number, mailing address, and email address.
• "Services" means the Services provided by the Company to the User of the Site and includes the following facilities:
• Services to the User wishing to post his contact details online in the Business Directory and/or other such directory services later published in print or in other media by the Company
• Services to the User who wishes to advertise and gain exposure for their business through On-line Catalogs, Website Hosting, Sell Offers, Buy Offers,, and/or Banners through WhichIsWhere.Com
• Services to the User who wishes to insert advertisements at WhichIsWhere.Com
• Services to the User who wishes to credit and financial information to entrepreneurs and/or obtains a credibility or trustworthiness of a User Company including through a Credit Report or a Trust Stamp
• Such other or further services that may be provided by the Company and/or WhichIsWhere.Com from time to time.
• "Site" means WhichIsWhere.Com and includes any link which opens with the site.
• "Sale Offer and Buy Offer" are the services provided to a User wherein a User posts information about a particular product and/or service that he wishes to procure or sell on the Site.
• "Trust Stamp" is a paid service offered to a User wherein the User permits the Company to undertake verification of its credibility, reliability and trustworthiness in the market.
• "User" is defined as an individual or corporate member/subscriber of this Site who makes use of the Services provided by the Site, whether or not for any payment. The term 'User' includes the User's successors and authorized officials of the User's business who have permission to use the Services on the Site on behalf of the User; Users that obtain a FREE membership to use the Site and User's that log in as a 'guest' to use the Site. Each User is given a unique User ID by the Site.
• "Web Hosting" is a service provided to a User wherein the Site provides storage, connectivity and related services necessary to host the website of the User's business.
2. Interpretation Number, Gender and Headings
• The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
• Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing person(s) includes individuals, bodies corporate and unincorporated.
• The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms and conditions, notices, or the right of use of the Site by the User or any provision hereof in any manner whatsoever.
3. Agreement between User and Company
a. The Site is operated by Shaadmaani Networks and its affiliates/ associates. The Services are offered to the User under the condition of the acceptance without modification of the terms, conditions, and notices contained herein. Use of the Site by a User constitutes agreement to all such terms, conditions, and notices. If the User does not agree with any part of the following terms, conditions and notices, it/they must not use the Services.
b. Company reserves the right to list its registered clients on WhichIsWhere.Com and as well as on our other network portals run by the company. In case a client/user does not want to be listed on WhichIsWhere.Com or on any of our network portals, they can communicate the same to us in writing by sending an email to Admin@WhichIsWhere.Com
c. User authorises company to contact them periodically using mediums like telephone, e-mailers or any other means, direct or indirect, in regard to their account information, special offers, surveys etc. If a user do not wish to receive calls/other communications from company or its employees, they must inform company in writing by sending an email to WhichIsWhere
d. These terms and conditions constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Company.
The Company reserves the right to change the terms, conditions, and notices under which the services are offered, including but not limited to the changes associated with the User of the Services. The User is responsible for regularly reviewing these terms and conditions. Company has endeavored to ensure that all the information of the Company is correct, but Company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. Company disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or in connection with the use of the information contained on the Site. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
5. User Amendments
The User is advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement.
6. Membership Eligibility
The use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. A minor i.e. under the age of 18 years, cannot register as a member of the Site. The Company reserves the right to terminate the User membership and may refuse to provide the User with access to the Site if Company discovers that the User is under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Company. If the User is registering as a business entity, the User hereby represents and warrants that the User has the authority to bind the entity to this Agreement.
7. Electronic Communications
The User hereby consents to receive communications from the Company electronically. The Company may communicate with the User by email or by posting notices on the Site. The User agrees that all agreements, notices, disclosures and other communications that the Company provides to the User electronically satisfy any legal requirement that such communications is in writing.
8. Platform for Communication
The Site is also a venue where Users may interact with one another for their transactions. Company is not and cannot be a Party to or control in any manner any transaction between two Users of the Site. Consequently:
• Company is not responsible for any non-performance or breach of any contract entered into between Users. Company cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users.
• Company does not make any representation or Warranty as to the attributes such as for quality, worth, marketability, etc. of the items or Services proposed to be sold or purchased by the Users of the Site. Company accepts no liability for any errors or omissions, whether on its behalf or on behalf of third parties, in this regard.
• Company does not make any representation or warranty as to the attributes to legal title, creditworthiness, identity, etc. of any of its Users except to the extent that a Trust Stamp and/or Credit Report obtained if found necessary. The User is advised to independently verify the bona fides of any particular User that it chooses to deal with on the Site
• The Site is also a channel of communication whereby the Users can reach a large base of persons in the global market. The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer, respectively. At no time shall the Company have any obligations or liabilities in respect of any such contract. The Company is not responsible for unsatisfactory or delayed performance of any services and/or delayed delivery of goods or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable to any User.
• The User independently agrees upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users or third parties that it may interact with on the Site.
• Company records IP address of the user sending inquiry on WhichIsWhere.Com and may display it for the user receiving the inquiry. Site user hereby permits company to record the same & display it as required.
• Notwithstanding its reasonable efforts in that behalf, Company cannot control the information provided by other Users which is made available on the Site. The User may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretenses.
Without limiting other remedies, Company may limit the Users' activity, immediately remove or end the Users listing, warn other Users and immediately temporarily/indefinitely suspend or terminate the Users membership, and/or refuse to provide the User with access to the Site:
• If the User is in breach of the User Agreement or the documents it incorporates by reference;
• If Company is unable to verify or authenticate any information the User provides; or
• If it is believed that the User actions may cause legal liability for the User, other Users or the Company.
• If a User puts any material into the Site systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Company may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Company or use the Site in any manner whatsoever until such time that such User is reinstated by Company. Notwithstanding the foregoing, if the User breaches the Agreement or the documents it incorporates by reference, Company reserves the right to recover any amounts due and owing by the User to Company and to take strict legal action including but not limited to an initiating criminal proceedings against the User in this regard.
10. Trust Stamp
The Company uses several tools and techniques to verify the accuracy of the given information by its Users when they register on the Site. However as verification of Users on Internet is difficult, Company cannot confirm each User's identity. For the comfort of Users Company offers the Trust Stamp tool which provides Users with more authentic information about the listed company (wherever applicable). We encourage Users to use Trust Stamp tool available on the Site, as well as business sense, to evaluate with whom the User is dealing. In no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the offered tool and/or the contents thereof. The Company hereby specifically disclaims any liability on account of a User's reliance upon any content.
11. Termination of Service
The User hereby agrees that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate a User account, block its email or IP address from the Site, or otherwise terminate its access to or use of the Service (or any part thereof) and/or the Site immediately and without notice, and remove and discard any content within the Service/Site, for any reason, including, without limitation, if Company believes that the User has acted inconsistently with this Agreement. Further, the User agrees that Company shall not be liable to the User or any third-party for any termination of the Users access to the Service. The User agrees that it shall not attempt to use the Service after the Date of Termination.
12. Liabilities upon Termination
• It the Agreement is terminated pursuant to Clause set forth above, without prejudice to any other remedies available to the Company, the User shall be liable for payment of any balance fees or charges payable until the Date of Termination.
• The amounts due and payable to the Company by the User upon termination shall be payable within 30 (thirty) days of the Date of Termination.
• If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it, suspend the Service provided to the User.
• When the Service subscribed for is suspended without remedy for more than 30 (thirty) days, the Company shall have the option to terminate the membership of the User and the consequences set forth in Clause 24 shall follow.
• Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
14. Governing Law and Jurisdiction
• This Agreement and any dispute or matter arising out of or in connection with and/or incidental to the use of the Site and/or the Services shall be governed by the laws of India without regard to its conflict of laws provisions.
• The User and the Company hereby irrevocably submit to the sole and exclusive jurisdiction of the courts at Chennai, India.