Terms
of User Agreement
1.
Agreement
By completing the account registration process
and clicking the "submit" button, you
agree to be bound by the following User Agreement.
GoldSilverTrends.com
services (herein referred to as "GoldSilverTrends")
owned and operated by GUAVA SOFTS PVT. LTD. is
provided to you as registered members (herein
referred to as "Member") under the terms
and conditions of this GoldSilverTrends Terms of User
Agreement (herein referred to as "TOA")
and any other operating rules or policies that
may be published by GoldSilverTrends on the website
from time to time.
You
must read, agree with and accept all of the terms
and conditions contained in this TOA, Disclaimer
and our Privacy Policy, which include those terms
and conditions expressly set out below and those
incorporated by reference, before you may become
a member of GoldSilverTrends. We strongly recommend
that, as you read this User Agreement, you also
access and read the information contained in the
other pages and websites referred to in this document,
as they may contain further terms and conditions
that apply to you as a user at this site.
2.
Modifications
GoldSilverTrends reserves the right to modify the
TOA at anytime by posting a news agreement on
our site. If any modification to the agreement
is unacceptable to you, your only recourse will
be to terminate this agreement. In case you continue
to access any of our services after that time
you will be deemed to have accepted any change.
3. Subscribtion Fees
The Subscription packages provided on GoldSilverTrends
are effective from 1st January 2007. However,
GoldSilverTrends reserves the right to change its
subscription packages. In particular, GoldSilverTrends
may at its sole discretion introduce new services
and modify some or all of the existing services
offered on the Site. In such an event GoldSilverTrends
reserves the right to introduce fees for the new
services offered or amend/introduce fees for existing
services, as the case may be. Changes to the Subscription
Charges and such changes shall automatically become
effective immediately after they are posted on
the Site.
Unless
otherwise stated, all fees shall be quoted in
US Dollars. You are responsible for paying all
fees associated with the use of the Site and you
agree to bear any and all applicable taxes, charges,
cesses etc. levied thereon. GoldSilverTrends reserve
the right to issue a warning, temporarily/indefinitely
suspend or terminate your membership and refuse
to provide you with access to the Site in case
of non-payment of fees by you to GoldSilverTrends.
GoldSilverTrends also reserves the right to take legal
action in case of non-payment of fees by you to
GoldSilverTrends.
4. Membership Eligibility
To be able to subscribe to the services offered
by GoldSilverTrends, you need to be competent to contract
as per the Indian Contract Act, 1872, which excludes
minors, i.e. persons below the age of 18 years,
persons of unsound mind and undischarged insolvents.
GoldSilverTrends reserved the right to terminate your
membership and refuse to provide access to the
Site in case on any such violation.
5. Account Obligations
As a registered member you are responsible for
maintaining the confidentiality of your account
and Password and for restricting access to your
computer, and you agree to accept responsibility
for all activities that occur under your account
or Password.
Further you agree to provide true, accurate, current
and complete information about yourself in the
registration form (such information being the
"Registration Data") and regularly maintain
and promptly update the Registration Data to keep
it true, accurate, current and complete.
6. Copyright and Trademarks
Unless otherwise stated, the copyright and all
intellectual property rights in all material presented
on the portal are the property of GoldSilverTrends,
its affiliates and associates and are protected
under applicable Indian laws. Any infringement
shall be vigorously defended and pursued to the
fullest extent permitted by law.
Without limiting the foregoing, copying or reproduction,
for redistribution or other purpose, of the web
site or any part thereof to any other server or
location, including caching of any kind is expressly
prohibited.
7. Linking to the Web Site
You may provide links only to the homepage of
this Web Site, provided
(a) You do not remove or obscure, by framing or
otherwise, any portion of the homepage, (b) You
give Provider notice of such link by sending an
e-mail to us and you discontinue providing links
to this Web Site if requested by Provider.
8. Governing Laws
The Terms of User Agreement and the relationship
between you and GoldSilverTrends shall be governed
by the laws of India. The Courts of law at Ludhiana
shall have exclusive jurisdiction over any disputes
arising under this agreement or other related
issue arising out of the use of this site or related
services. The failure of GoldSilverTrends to exercise
or enforce any right or provision of the TOA shall
not constitute a waiver of such right or provision.
If any provision of the TOA is found by a court
of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected
in the provision, and agree that the other provisions
of the TOA remain in full force and effect.
Member agrees that regardless of any statute or
law to the contrary, any claim or cause of action
arising out of or related to use of the Service
or the TOA must be filed within one (1) year after
such claim or cause of action arose, or be forever
barred.
The section titles in the TOA are for convenience
only and have no legal or contractual effect.
9. Electronic Communications
When you visit the Site or send emails to us,
you are communicating with us electronically.
You consent to receive communications from us
electronically. We will communicate with you by
email or by posting notices on the Site. You agree
that all agreements, notices, disclosures and
other communications that we provide to you electronically
satisfy any legal requirement that such communications
be in writing.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes,
any portion of the Service, or access to the Service.
11. Termination
You agree that GoldSilverTrends, in its sole discretion,
may terminate your account or password or use
of any or all of the services, for any reason,
including, without limitation, for improper use
of any service or if GoldSilverTrends believe that
you have violated or acted inconsistently with
the letter or spirit of the TOA. GoldSilverTrends
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 TOA
may be effected without prior notice, and acknowledge
and agree that GoldSilverTrends may immediately deactivate
or delete your account and all related information
and messages and other information relating to
you and/or bar any further access to any Service
or all of the services. Further, you agree that
GoldSilverTrends shall not be liable to you or any
third-party for any termination of your access
to the Service.
Further, at the time of registration, if you provide
any information that is untrue, inaccurate, not
current or incomplete or GoldSilverTrends has a reasonable
ground to suspect that such information is untrue,
inaccurate, not current or incomplete, or not
in accordance with the TOA, GoldSilverTrends has the
right to indefinitely suspend or terminate your
membership and
refuse to provide you with access to the Site.
12. Maintenance and Support
Member
can obtain assistance with any technical difficulty
that may arise in connection with Member's utilization
of the Software or Services by requesting assistance
via email to admin@GoldSilverTrends.com. GoldSilverTrends
reserves the right to establish limitations on
the extent of such support, and the hours at which
it is available.
Member
is responsible for obtaining and maintaining all
telephone, computer hardware and other equipment
needed for its access to and use of the Software
and Services and Member shall be responsible for
all charges related thereto.
13.
Entire Agreement
These TOA constitute the entire agreement between
the parties with respect to the subject matter
hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements,
written or oral, regarding such subject matter.
The Agreement shall be governed by the Laws of
India.