Modification of These Terms

Peal Club reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Website and your continued use of the Website after the changes will be considered acceptance of the terms outlined in the Policy.

Termination of User’s Access

• We may deny you access to the Website in our sole discretion for any reason or no reason, including, but not limited to your violation of these Terms. You agree that any termination of your access to the Website may be effected without prior notice, and further acknowledge.
• If you use the Website in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Website. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Website.

Restrictions On Use

• Without limiting the generality of these Terms, in using the Website, you specifically agree not to engage in any activity that, in our sole discretion:
• Violates our guidelines and policies;
• There is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise invasive of others’ privacy;
• Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
• Accuses others of illegal activity, or describes physical confrontations;
• Is illegal, or violates any central , state, or local laws or regulations ;
• Attempts to impersonate another person or entity;
• Falsely states, misrepresents, or conceals your affiliation with another person or entity;
• Accesses or uses the account of another user without permission;
• Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
• Interferes with, disrupts, or destroys the functionality or use of any features of the Website or the servers or networks connected to the Website;
• “Hacks” our proprietary or confidential records;
• Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Website;
• Removes, circumvents, disables, damages or otherwise interfere with security-related features, or features that enforce limitations on use of, the Website;
• Collects, accesses, or stores personal information about other users of the Website;
• Is posted by a bot;
• Harms minors in any way;
• Threatens the unity, integrity, security or sovereignty of India, or friendly relations with foreign states, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence ;
• Attempts any of the foregoing.
• You acknowledge that Peal Club has no obligation to monitor your access to, or use of the Website. However, we have the right to do so to operate and improve the Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), and to ensure your compliance with the Terms.

Disclaimer of Warranties

• You acknowledge and agree that the Website is provided on an “as is” and “as available” basis and that your use of the Website shall be at your sole risk. To the fullest extent permitted by applicable law, Peal Club, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors (“Peal Club Parties”) disclaim all warranties, express or implied, in connection with the Website and your use of them.
• To the fullest extent permitted by applicable law, the Peal Club Parties make no warranties or representations regarding the Website including that the information / services on the Website will be provided with due skill, care and diligence , or about the accuracy or completeness of the content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party.
• Any material downloaded or otherwise obtained through the Website is done at your discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from the download of any such material.
• You agree that in using the Website, you will not use any trademark, service mark, trade name, the logo of any company or organisation in a way that is likely or intended to confuse the owner or authorised user of such marks, names or logos.

Indemnification

• You agree to indemnify, defend, and hold harmless Peal Club and/or its affiliates from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Website; (iii) your access to , and use of the Website; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party.
• We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
• You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent.

General Provisions

• Except as additional terms and conditions may supplement them, policies, guidelines or standards, these Terms constitute the entire Agreement between Pearl CLub and you pertaining to the subject matter hereof.
• No joint venture, partnership, employment, or agency relationship exists between you and Peal Club as a result of this Agreement or your use of the Website.
• These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
• If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
• Pearl Club’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
• You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Peal Club prior written consent. Peal Club may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.

Grievance Redressal Mechanism

• Peal Club shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Website.
• We respect the intellectual property rights of others and require those that use the Website to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Website that infringes upon the copyright rights of others. We may also, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.
• If you believe that your copyright has been or is being infringed upon by material found in the Website, you are required to write to us on the following address: grievances@thepearlclub.in