Terms of Use

Welcome to AVTAR I-WIN.com. The following sets forth the terms and conditions under which you may access www.avtariwin.com (the "Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by AVTAR I-WIN. "You" are the person or entity using the Site, ordering or using Applications or described in the Site registration form.

By using this Site, using applications related to the Site, or clicking on a button indicating your consent, you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of India law. If you do not agree to these Terms, you do not have permission to use the Site. Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail at Company's option. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site and leave immediately.

The Site is made available by AVTAR I-WIN as a forum for the exchange of information and opinion by its users. Consequently, this site contains postings by users of the Site that have not been reviewed or approved by AVTAR I-WIN . All information contained in those postings are the expressions of those who have posted them and are not endorsed by AVTAR I-WIN . AVTAR I-WIN takes no responsibility for the accuracy or legality of those postings; and AVTAR I-WIN disclaims any such responsibility and is not liable for any alleged damages resulting from any posting, including but not limited to libel, defamation, or disparagement.

1. REGISTRATION OBLIGATIONS

In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration process. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. AVTAR I-WIN has the right to deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete.

AVTAR I-WIN reserves the right to email you the notifications to inform you of messages waiting for you on the Site. You agree that email communication and such notification is an integral part of being a registered member of the AVTAR I-WIN community, and you expressly consent to receiving these notifications. You further acknowledge that the only way to completely stop receiving these emails is to cancel your membership to the Site, and withdraw from the AVTAR I-WIN community.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify AVTAR I-WIN of any unauthorized use of your registration or password.

2. AGREEMENT TO DEAL ELECTRONICALLY

When you visit AVTAR I-WIN or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.

3. OBLIGATION FOR USING YOUR PASSWORD

All content or instructions transmitted by or received from anyone presenting your password on the site will be deemed binding on you. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact AVTAR I-WIN immediately to authorize AVTAR I-WIN to deny access to the Site to anyone else presenting your password. At the same time you should change your password by using the "Account Settings" page.

4. LIMITED NON-COMMERCIAL LICENSE TO USE SITE

AVTAR I-WIN hereby grants you the limited right to view and use the Site only for the purposes of accessing information for recruiting and job searching purposes. AVTAR I-WIN reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to AVTAR I-WIN . No portion of this Site is targeted to children under the age of 18, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from AVTAR I-WIN , you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.

The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:

You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not AVTAR I-WIN , are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.

You shall not create a user name or screen name or upload to, distribute through or otherwise publish through the Site any Materials which are indecent, libelous, defamatory, obscene, harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.

Your Materials, user name and/or screen name will not disparage in any manner AVTAR I-WIN , its Licensors, or their Applications, products, or services and sites.

Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.

You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services. This includes any Materials that constitute or contain "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.

You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.

You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

You shall not create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses

You shall not sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any AVTAR I-WIN account

You shall not impersonate any person or entity, including, but not limited to, a AVTAR I-WIN employee, or falsely state or otherwise misrepresent your affiliation with a person or entity

AVTAR I-WIN reserves the right, but is not obligated, to remove Materials that it deems violate any of the foregoing prohibitions and to suspend or terminate your account if your activity in breach of any of the provisions of this Website Terms and Conditions.

By posting, uploading or otherwise distributing your content or Materials to the Site, you explicitly consent that other users of the Site may forward such content or Materials to others who may or may not be members of AVTAR I-WIN.

Additionally, you agree not to:

"stalk" or otherwise harass anyone;

collect personal data about other users for commercial or unlawful purposes;

use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by AVTAR I-WIN;

post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

post the same message or request in more than one topical category, or in more than one metropolitan area;

attempt to gain unauthorized access to AVTAR I-WIN's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the AVTAR I-WIN website; or

use any form of automated device or computer program that enables the submission of postings on AVTAR I-WIN without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

You acknowledge that AVTAR I-WIN does not pre-screen any Materials posted by you or other users, but AVTAR I-WIN and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Materials. Without limitation, AVTAR I-WIN and its designees shall have the right to remove any Materials that violate the Terms or is otherwise objectionable, as well as terminate your access to the Site. AVTAR I-WIN may establish practices and limits concerning the use of the Site and Applications, including the maximum disk space that will be allotted to your use. You agree that AVTAR I-WIN has no liability or responsibility for the storage or deletion of any Materials that you submit or post. AVTAR I-WIN reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.

5. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS

AVTAR I-WIN may offer you the ability to use certain applications, services or software, and content for use therewith, either at no charge or for a small fee (such applications, services, software and any related content provided by AVTAR I-WIN or its licensors is referred to herein collectively as "Applications"). For example, AVTAR I-WIN may provide chat areas, bulletin boards, e-mail functions, and software that allow you to download specific content from the Sites to your computer. Without limiting your obligations and restrictions described in Section 4, your limited license to the Applications is subject to the following conditions:

The Applications that are made available to you are the copyrighted work of AVTAR I-WIN and/or its suppliers. The use of each Application is governed by the end user license agreement ("EULA") that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and these Terms. In the event that no EULA accompanies the Application, then the Terms shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and these Terms. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that AVTAR I-WIN shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any Indian law, rule or regulation. All rights in Applications not specifically granted to you in writing by AVTAR I-WIN are reserved to the AVTAR I-WIN.

AVTAR I-WIN may cease support of any Application at any time in its sole discretion.

Applications you use or download from the Sites may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that AVTAR I-WIN shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by AVTAR I-WIN which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications.

6. CONTENT DISCLAIMER

AVTAR I-WIN strives to provide our visitors with the best possible information available. While we do review all the articles and ideas before they are published, the content of our message boards, information shared in our comment section, and advertisements which appear on our site do not necessarily express the views of AVTAR I-WIN or any of its employees. All postings, comment statements, and advertisements are the sole responsibility of the individual authors. Please be aware that all Featured Advertisements and many Business Idea listings ARE advertisements. While we do require advertisers to provide complete information, the appearance of that business opportunity, or any advertisement, on our site does not constitute an endorsement by AVTAR I-WIN.

In addition, the articles and ideas which appear on our site are submitted on a volunteer basis by the authors of each story. As such, the authors do not always inform us of changes in their URLs, email addresses, or contact information. When AVTAR I-WIN becomes aware that contact information is no longer valid we do remove the links and/or information from our site to prevent others from discovering them and being disappointed. We leave the actual stories in tact however so that our visitors can continue to benefit from reading them, even if they can no longer contact the individual author. If you receive any emails through any mal software or virus or non-delivery of mails, AVTAR I-WIN is not responsible and we do not intend doing so.

If at anytime you notice a problem with our site, a non-working link, or have difficulty contacting someone through their information on the site, please contact our Help Desk at info@avtariwin.com to let us know so that we can remove the information, or correct the problem, as quickly as possible. In addition, you can also, at any time can share your thoughts about our site, positive or negative. We always welcome your feedback and use it in making decisions to further improve our site.

7. ROLE OF AVTAR I-WIN

AVTAR I-WIN is only an online venue. This Web Site acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. AVTAR I-WIN is not involved in the actual transaction between employers and candidates. As a result, AVTAR I-WIN has no control over the quality, safety or legality of the jobs or resumes posted the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site.

Because user authentication on the Internet is difficult, AVTAR I-WIN cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on AVTAR I-WIN Site, in the event that You have a dispute with one or more users, You release AVTAR I-WIN (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are under no legal obligation to, and generally do not, control the information provided by other users, which is made available through the Web Site and/or the other AVTAR Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.

The Web Site Content may contain inaccuracies or typographical errors. AVTAR I-WIN makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site Content. Changes are periodically made to the Website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Website. Employers are solely responsible for their postings on the Website. AVTAR I-WIN is not to be considered to be an employer with respect to your use of the Website and AVTAR I-WIN shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Website.

8. POLICIES AND PRICING

Employers as well as Resume Owners that Register at our site, shall be deemed to be customers of AVTAR I-WIN. Accordingly, all of our Terms of Use, Rules, Policies, and Operating Procedures concerning Customers, Our Services, and Our Pricing shall apply to those customers. We may change our policies and operating procedures at any time and without any notice to customers. For example, we, in our sole discretion, shall determine the prices to be charged for Resume downloads in accordance with our own pricing policies.

9. PURCHASE OF DATABASE

The payment for above service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated.

AVTAR I-WIN will commence providing services only upon receipt of amount/charges upfront either from subscriber.

This subscription is not transferable i.e. it is for the same person throughout the period of subscription.

The liability, if any, of AVTAR I-WIN is limited to the extent of the amount paid by the subscriber. The subscriber shall be assigned password(s) by AVTAR I-WIN to enable the subscriber to access all the information received through its site AVTAR I-WIN, but the sole responsibility of the safe custody of the password shall be that of the subscriber and AVTAR I-WIN shall not be responsible for data loss/theft or data/corruption or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. AVTAR I-WIN undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber.

The subscriber undertakes that the data/information provided by him is true and correct in all respects.

The Courts at Chennai alone shall have the sole and exclusive jurisdiction in case of any dispute.

10. JOB BOARD DISCLAIMER

AVTAR I-WIN JOB Board was created solely for the purpose of connecting employers with job seekers. Visitors to AVTAR I-WIN's Job Board have the choice of either posting job openings or uploading their resumes. AVTAR I-WIN is not responsible for the content listed by employers or job seekers and does not endorse any job or opportunity that is posted on AVTAR I-WIN.

AVTAR I-WIN is not responsible for any information posted on the Job Board. The information visitors list on their virtual resume or account is solely their decision and responsibility. Please remember that all information posted or upload is in the public domain. Anyone searching the Job Board, employer or visitor, has access to posted resumes and therefore personal information. AVTAR I-WIN does NOT screen every job posted on the boards and highly advises visitors to research any company that contacts them before proceeding further with that company.

11. COMMENT AND MESSAGE BOARD DISCLAIMER

AVTAR I-WIN is not responsible for any comments posted within our message board or “Leave a Comment” areas. Every effort is taken to remove offensive, suggestive or inflammatory posts. However, AVTAR I-WIN cannot guarantee that these posts will be removed immediately upon placement.

If you feel visitor placed content on AVTAR I-WIN should be removed, please visit our Help Desk at info@avtariwin.com and report it. Our content team will take the necessary steps to remove inappropriate posts as quickly as possible.

12. BLOG NETWORK AND EXPERT CORNER DISCLAIMER

AVTAR I-WIN strives to provide its visitors with a complete and diverse selection of quality content. To this end, we invite the participation of Internet Bloggers and Topic Experts by way of useful and insightful content contributions. Any opinions expressed by AVTAR I-WIN’s blog and expert content providers do not necessarily reflect the views and opinions of avtariwin.com or its employees. Any inquiries you may have about content posted on AVTAR I-WIN Blog Network or Expert Corner may be submitted AVTAR I-WIN Help Desk at email info@avtariwin.com and will be addressed in short order.

13. COPYRIGHTS AND TRADEMARKS

Except as expressly provided herein by these terms, neither AVTAR I-WIN, its affiliates, nor any third party has conferred upon you by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary rights to use the site or any applications offered on the site. No ownership rights are or will be assigned to you. AVTAR I-WIN will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or Materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.

Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by AVTAR I-WIN. No person or entity, including you, shall copy or "scrape" any content, including ratings, and display them on another website without AVTAR I-WIN 's express written permission, except for ratings and other content made accessible to you without requiring you to log into the Site. AVTAR I-WIN shall control what ratings and other content are accessible to you without logging into the Site. No other content or Applications may be used on another web site without express written permission from AVTAR I-WIN. If you believe that any content on the Site infringes your copyrights, please contact AVTAR I-WIN's copyright agent through e-mail info@avtariwin.com . Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Site, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner’s behalf; (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).

14. PRIVACY POLICY

AVTAR I-WIN respects your right to privacy and understands that visitors to AVTAR I-WIN need to be in control of their personal information. To that end AVTAR I-WIN has developed a Privacy Policy, and you should review it carefully before using the Site. Your use of the Site is your consent to the Privacy Policy.

15. SUBMITTING MATERIALS AND FEEDBACK

Unless you enter into a separate written agreement with AVTAR I-WIN, AVTAR I-WIN does not claim ownership in Materials you submit, however, by submitting Materials in any form to AVTAR I-WIN, in addition to other provisions of the Terms, you automatically grant AVTAR I-WIN a royalty-free, world-wide, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials on any website operated by, and in any related marketing materials produced by AVTAR I-WIN and its affiliates. You obtain no rights in any form, media, or technology incorporating the Materials.

16. INDEMNITY

You agree to indemnify and hold AVTAR I-WIN, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and Materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.

17. DISCLAIMER OF WARRANTIES

Except if expressly provided otherwise in a written agreement (such as a EULA) between you and AVTAR I-WIN , the site and applications offered at or through the site, and applications are provided to you "as is" without warranty of any kind and with all risks. AVTAR I-WIN hereby disclaims to the maximum extent permitted by law (a) all warranties either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose; availability of the site; lack of viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information on the site; and (b) any duties of reasonable care, workmanlike effort or lack of negligence in connection with the site, applications, or related information. The entire risk as to satisfactory quality, performance, accuracy and effort in connection with the site, applications, and related information is borne by you. In addition, AVTAR I-WIN disclaims any warranties of non-infringement, title or quiet enjoyment in connection with the site, applications, and related information.

18. ASSUMPTION OF RISKS

You agree to assume all risks that the site, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free. Any applications downloaded or otherwise obtained through the site are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By participating in email exchanges or visiting chat rooms you may be exposed to rude, crude, indecent, misleading, inaccurate, or other offensive language or references. You agree that AVTAR I-WIN shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the site.

Your interactions with are solely between you and such individuals.

You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that AVTAR I-WIN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that avtariwin.com is under no obligation to become involved.

Information Disclaimer. The information (including without limitation, advice and recommendations) posted on the site is intended solely as general information and is neither a counseling advice for any individual problem. Your use of the site is subject to this disclaimer. AVTAR I-WIN assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or other material on the site.

19. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

To the maximum extent allowed by law, you agree that neither AVTAR I-WIN, nor it's affiliates or agents, will be liable to you and/or any other person for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site, applications or related information, or to any breach of these terms.

20. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

You agree that your sole remedy for any breach of these terms by AVTAR I-WIN, or any of it's affiliates or agents, shall be, at AVTAR I-WIN's option, (1) substitution or replacement of all or part of the application or product that gives rise to damages incurred by you in reasonable reliance on AVTAR I-WIN ; or (2) refund of the amount that you paid to AVTAR I-WIN you agree that the damage exclusions in these terms shall apply even if any remedy fails of its essential purpose.

21. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant for the benefit of AVTAR I-WIN, it's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold AVTAR I-WIN (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).

22. LINKS; ADVERTISERS

The Site contains links to third party sites that are not under the control of AVTAR I-WIN and AVTAR I-WIN is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. AVTAR I-WIN provides links only as a convenience and the inclusion of the link does not imply that AVTAR I-WIN endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that AVTAR I-WIN shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

23. INTERNATIONAL USAGE

This Site is controlled and operated by AVTAR I-WIN from its offices within India. AVTAR I-WIN makes no representation that the Site, Applications, or related information offered by AVTAR I-WIN are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

24. OWNERSHIP

The Site, Applications, and related information are the exclusive property of AVTAR I-WIN or its suppliers. All rights not licensed herein are hereby reserved to AVTAR I-WIN or its suppliers.

25. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS

If you violate these Terms, AVTAR I-WIN may terminate or cancel your access rights to the Site and/or Applications immediately without notice. AVTAR I-WIN may also block your use of the Site and/or Applications or direct you to cease using it. AVTAR I-WIN reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that AVTAR I-WIN shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.

26. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to AVTAR I-WIN email addresses or through AVTAR I-WIN computer systems is expressly prohibited by these Terms. Any unauthorized use of AVTAR I-WIN computer systems is a violation of these Terms and certain state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

27. EXCLUSIVE JURISDICTION

These Terms shall be governed by India laws without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in India. The parties hereto hereby consent to the exclusive jurisdiction of the country courts, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by country's law.

28. ENTIRE AGREEMENT

These Terms, as amended, your registration forms, and the disclosures provided by AVTAR I-WIN and the consents provided by you, constitute the entire agreement between you and AVTAR I-WIN. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. AVTAR I-WIN's failure to act with respect to a breach by you or others does not waive AVTAR I-WIN's right to act with respect to subsequent or similar breaches.

29. AMENDMENTS

You agree that AVTAR I-WIN may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from AVTAR I-WIN to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by AVTAR I-WIN and by you.

30. NOTICES

The membership is deemed to have been entered into at Chennai, India and the laws of India will govern the membership. Disputes arising out of or in any way affecting the membership including interpretation of any of the terms are to be referred to arbitration under the Arbitration and Conciliation Act 1996 [Indian Act] at Chennai before a sole Arbitrator to be appointed by the Founder-President of AVTAR I-WIN.

Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to AVTAR I-WIN by e-mail info@avtariwin.com or through other reasonable manner.