Terms and Conditions
Querist :
Anonymous
(Querist) 06 January 2011
This query is : Resolved
Dear Experts if you could provide your opinions, if in the Terms and Conditions below, anything is unfair or against consumer laws or any other law? Source: http://selfcare.ndc.bsnl.co.in/irj/servlet/prt/portal/prtmode/preview/prtroot/pcd!3aportal_content!2fcom.bsnl.BSNL!2fcom.bsnl.BSNL2!2fcom.bsnl.iviews!2fcom.bsnl.java_bsnl_com_wd_reg_com_bsnl_register_applications_TermsAndConditionsApp?sap-config-mode=true
Terms and Conditions for Usage of E-Services of BSNL Portal
This site is a secure site that is intended solely for authorized users to obtain access to services offered by BSNL Portal. Unless expressly stated otherwise, any new services offered by BSNL Portal to enhance or augment existing services shall be subject to this Terms and Conditions.
The E-SERVICES are intended solely to complement and enhance the services offered by BSNL Portal to its customers and do not in any way affect the underlying contract made between BSNL Portal and the customer.
The E-SERVICES are made available on the condition of an acceptance without any modifications or alterations of the terms, conditions and notices contained in this Terms and Conditions and the Terms and Conditions are amended from time to time, and such other notices and directions as may be issued by BSNL Portal from time to time. By accessing or using E-SERVICES, you agree to be bound by this Terms and Conditions.
1. All applications for a service shall be made in the form and manner as may be prescribed by BSNL Portal from time to time. You hereby represent and warrant to BSNL Portal that all information submitted by you in the application is true, complete and accurate.
2. a. In the event that you are applying for and on behalf of your personnel who have your authority to access E-SERVICES, you (i) warrant that such personnel (whose personal details have been forwarded by you to BSNL Portal ("Agents") have your full authority to accept, utilize, manage, modify or terminate services provided by BSNL Portal and undertake to notify BSNL Portal in writing of any change in your authorized personnel and the details of the replacement, if any; and (ii) shall ratify all acts and omissions of your Agents; and (iii) shall abide and shall procure that your Agents abide with this Terms and Conditions.
b. In the event that you are applying as an Agent for and on behalf of and with the full authority of your employer, you hereby warrant that you have been duly authorized to submit this application for and on behalf of your employer and that you, as agent of your employer, shall abide and be bound by this Terms and Conditions.
3. Notwithstanding that you may have complied with all the requirements and provisions hereof, BSNL Portal reserves the right to decline any application and is not obliged to provide any reason or ground for its refusal to accept your application.
4. If any information provided in the application is subsequently discovered to be untrue, inaccurate or incomplete, or BSNL Portal has any reasonable grounds to suspect that such information provided is untrue, inaccurate or incomplete, BSNL Portal has the right to suspend or terminate your account and refuse any and all current or future use of E-SERVICES or any part thereof.
5. If your application is successful, BSNL Portal will send an acceptance of your application via email with the password and your user ID. Thereafter, you shall be solely responsible for the safekeeping and confidentiality of all activities occurring under your account. Only one individual may access at the same time using the same user ID and password.
6. You hereby warrant that all and any instruction issued under your account shall be deemed conclusively to have originated from you and BSNL Portal has no obligations whatsoever to seek your confirmation thereof.
7. All information provided under this site is confidential and hereby agree to keep such information in confidence and shall not disclose to any unauthorized person or use such confidential information other than for the purposes of the matter to which it relates.
8. Although all attempts are made to provide accurate information at this site, BSNL Portal and its employees, affiliates, subsidiaries, associates and related corporations assume no responsibility for the accuracy of such information.
9. BSNL Portal offers the content on this website on an "as is" basis for information purposes only. TO THE FULLEST EXTENT PERMITTED BY LAW, BSNL Portal, ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED CORPORATIONS MAKE NO WARRANTY AND HEREBY DISCLAIMS ALL AND ANY WARRANTY, EXPRESS OR IMPLIED, IN RESPECT OF THE USE, SECURITY, ACCURACY, RELIABILITY, TIMELINESS, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT OR THE USE OF THIS SITE AND THAT THE CONTENT AND ANY FUNCTIONS ASSOCIATED THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER WILL BE FREE OF ALL VIRUSES AND/OR OTHER HARMFUL ELEMENTS. NEITHER SHALL BSNL Portal, ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED CORPORATIONS BE LIABLE TO YOU OR ANYONE ELSE IN RESPECT OF ANY HARM ARISING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTUVE FEATURES.
10. IN NO EVENT SHALL BSNL Portal, ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED CORPORATIONS BE LIABLE TO ANY PARTY FOR ANY DAMAGES, EXPENSES, CLAIMS, COSTS OR LOSSES OF ANY KIND (OTHER THAN FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM THE USE OF THIS WEB SITE, CAUSED IN WHOLE OR IN PART, BY BSNL Portal’s NEGLIGENCE) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE), YOUR USE OF OR INABILITY TO USE THIS SITE, THE CONTENT OR THE HYPERLINKS, INCLUDING BUT WITHOUT LIMITATIONS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
11. BSNL Portal AND ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED CORPORATIONS ALSO ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF ACCESS TO, USE OF OR BROWSING AT THIS SITE OR THE DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES OR VIDEO FROM THIS SITE.
12. If BSNL Portal ability to deliver the E-SERVICES is limited, delayed or prevented, in whole or in part, by any reason of any cause or event beyond the reasonable control of BSNL Portal (including but not limited to any mechanical, electronic or communication failure) BSNL Portal shall be excused, discharged or released without penalty or liability from its obligations hereunder to the extent and for the period that such performance is so limited, delayed or prevented.
13. If any term hereof is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimer and limitation of liability set forth above, the remaining terms shall continue in effect.
14. BSNL Portal reserves the right to make improvements and/or changes in the services and facilities offered through this site at any time without any notice and may at any time and for any reason whatsoever, terminate your access to any or all of E-SERVICES, without having to provide any justification thereof. If you are dissatisfied with our services, termination of your account is your sole right and remedy.
15. Unless otherwise specified herein, this Terms and Conditions of Use shall constitute the entire agreement between you and E-SERVICES relating to the use of E-SERVICES.
16. By using the E-SERVICES or any part thereof, you agree that the laws of INDIA shall govern such access and use thereof and shall submit to the exclusive jurisdiction of the courts of INDIA.
Raj Kumar Makkad
(Expert) 06 January 2011
we experts here are just to give suggestions to the needy poor persons and not for commercial purposes. It is better to hire the services of any lawyer for this purpose.
Querist :
Anonymous
(Querist) 06 January 2011
Sir I take your opinion with due respects, this is not for any commercial purpose, nor I am a businessman. I am a student learning the finer points of law, I came across this T&C while trying to register at the BSNL website. I am not in anyway trying to compel any expert, if any expert has time and takes this as some kind of intellectual challenge, he may respond or else it is fine with me.
