Terms of Service
Read our terms below to learn more about your rights and responsibilities as a Now&Me user.
This document is an electronic record in terms of Information Technology Act, 2000, allied Rules and Applicable Laws. This electronic record is generated by a Computer System and does not require any physical or Digital Signatures.
all Schedules hereto shall be referred to hereinafter as “Terms”),
once accepted, shall constitute a legally binding and valid
agreement between nowandme.com (referred to as “Now&Me ”
hereinafter) and yourself (the “User”), an individual, from within
any country in the world and shall determine and govern the access
of the User to and use of the nowandme.com,. This Agreement is
effective as on the date that the User confirms acceptance of the
Terms hereof and any accompanying Terms by clicking ‘Accept’ button
or, where applicable, the date on which this Agreement is
countersigned (the “Effective Date”).
- General terms: The User must be at least 13 years of age to
be eligible and competent to use the Now&Me Website and by
indicating the User’s acceptance as above, the User has represented
and confirmed as such.
- User account; Changes to account settings; User permissions: User is responsible for maintaining the necessary confidentiality, secrecy, security and integrity of his/her account and password and for restricting access to his/her Computer, Computer System or Mobile Device. User agrees that he/she is responsible for all activities that occur under his/her account or password, including all activities that occur under any user name he/she grants access to his/her account. User will ensure that all users granted access to his/her account comply with these Terms and any non disclosure agreement User enters into with us. If the User makes changes to his/her settings or user permissions within the Portal, it may take some time for our system to process the change and User acknowledges that those changes may not take effect immediately.
- User obligations: As a condition precedent for the use of
nowandme.com at all times, the User warrants that the use of
nowandme.com shall not be for any purpose that is unlawful, illegal,
immoral or otherwise prohibited by Applicable Laws or these Terms of
Use. The User shall not use nowandme.com in any manner that could
damage, disable, hinder, inhibit, or impair the Now&Me Portal or
interfere with any other party's use and enjoyment of nowandme.com.
The User shall not obtain or attempt to obtain any material or
information by any means not intended to be made available or not
provided through nowandme.com.
- Belongs to another person/User and to which the User does not have any right to;Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful;, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;Harms minors in any way
- Harms minors in any way
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates ay information which is grossly offensive in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
- Is opposed to the law of land of the nation where the User resides.
Now&Me shall be entitled to investigate and prosecute, or caused
to be investigated and/or prosecuted, any acts or omissions on part
of the Users that are reasonably suspected to constitute violations
of any of the above stated obligations to the fullest extent
permitted by the law. Now&Me may involve and cooperate with the
concerned law enforcement authorities in prosecuting Users who
Now&Me reserves the right, at all times, to disclose any information that is necessary or required under any Applicable Law, regulation, legal process or governmental request, or to otherwise edit, use, refuse to post or to remove any information or materials, in whole or in part, in nowandme’s sole discretion and the User shall not be entitled to call the same into question or object thereto.
Now&Me takes no responsibility for the proper functioning or connectivity or reliability or availability of any networks or servers, or any communications that occur over such networks and servers. Now&Me makes no representations or warranties as to the interoperability of nowandme.com with any network or servers. The User acknowledges that Now&Me shall not be responsible or liable to the User or to any third party as a result of any networks or servers failing to perform in the manner intended or on account, failure of nowandme.com to properly operate with the network or servers or in the event of any errors occurring on the networks or servers of the User as a result of his/her use of nowandme.com.
Materials uploaded to or by means of a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. The User is solely responsible at all times for ensuring adherence to such limitations for downloading the materials.
Now&Me shall not be responsible for verifying the accuracy or authenticity or completeness or sufficiency or appropriation s of any personal information provided by the User in the event of any emergencies, incidents and communications. Now&Me shall not be responsible or liable for any failure resulting out of any inaccuracy or incompleteness or insufficiency of the information provided by the User.
- Communications monitoring: The User acknowledges that Now&Me may communicate with the User primarily via email or by posting notices on the Portal. User agrees that all agreements, notices, disclosures and any other communications that Now&Me provide to him/her electronically satisfy any legal requirements that such communications be in writing. To the maximum extent permitted by applicable law, nowandme may monitor any electronic communications User makes in connection with the Portal and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring User’s compliance with this Agreement, and protecting the rights, property, and interests of Now&Me or any third party.
- Charges: Except to the extent stated herein, Membership of nowandme.com is currently free for Users. nowandme.com does not charge any fee for using the website. Now&Me reserves the right to change its Fee Policy from time to time. In particular, Now&Me may, at its sole discretion, introduce new services and modify some or all of the existing services offered on nowandme.com. In such an event nowandme 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 Fee Policy shall be posted on the Website or communicated via email and such changes shall automatically become effective immediately upon being posted on the Website or communicated otherwise. Unless otherwise stated, all fees shall be quoted in Indian Rupees. User shall be solely responsible for compliance of all Applicable Laws including those in India for making payments towards the Fees.
- Copyright and Intellectual Property Policy:
Copyright and Trademark of nowandme- Unless expressly otherwise
stated herein, the User acknowledges and understands that
nowandme.com owns or licenses all content on the Now&Me Website,
including software, text, visual and audio content and such like
(referred to together as "Content") and Now&Me trademarks,
logos, and brand elements and such like (referred to as "Marks") and
the User represents and assures that he/she shall not do or cause to
be done, anything that may be inconsistent with or violative of
rights of Now&Me in or to such Content or Marks. The Content and
Marks are protected under Applicable Laws. The names of actual
companies and products mentioned herein may be the trademarks of
their respective owners and User accordingly represents and assures
that he/she shall not do or cause to be done anything that may be
inconsistent with or violative of such third party rights. Any
rights not expressly granted herein are reserved.
Infringers- Now&Me respects the intellectual property rights, if any, of its Users. User may notify Now&Me in writing, by email or mail to our designated agent listed below, if the User believes that another User of nowandme.com has infringed their intellectual property rights. The User acknowledges and agrees that upon receipt and notice of a claim of infringement, Now&Me may immediately remove the identified materials from nowandme.com without liability. In such a case however, the User at whose notification or request any disputed material is removed from nowandme.com shall be liable to save, protect, hold harmless and indemnify Now&Me from and against any liability, action, claim, demand, notices, costs, expenses, penalties, fines, proceedings etc that may arise in connection with such removal of the material from nowandme.com.
To be effective the notification must include:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; identification of the allegedly infringing material and information reasonably sufficient to permit Now&Me to identify, trace and locate the material on the nowandme.com; information reasonably sufficient to permit Now&Me to contact the User, such as an address, telephone number, and, if available, an email address; a statement by User that he/she has good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by User, made under penalty of perjury, that the above information in User’s notification is accurate and that User is the copyright owner or authorized to act on the copyright owner's behalf; User’s physical or electronic signature; and a clear statement by the User to the effect that the User undertakes to indemnify Now&Me from and against any and all consequences of any reliance placed or act done by Now&Me on the basis of the above said statements of the User with regard to disputed infringement.
Counter-Notice by Accused User- In case Now&Me removes any content, personal information or profile of any User deactivates, disables or terminates any Accused User’s account due to suspicion of copyright infringement on the basis of information received from User as above, the Accused User may dispute his/her responsibility for or otherwise the alleged infringement itself by sending a written communication by email or mail to the designated agent of Now&Me as below. [ email@example.com ] That written communication must include the following: Accused User’s physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the Accused User has good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Accused User’s name, address, and telephone number, and a statement that the User consents to his/her submission to the jurisdiction of the competent Court as provided for hereunder and that the User will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
The User must send all notices under the above copyright infringement policies by email or mail to the following designated nowandme’s agent for receipt of notifications of claimed infringement:
Now and me Attn: Copyright firstname.lastname@example.org
Contact us via web form nowandme.com/contact
Repeat Infringers- Without prejudice to any rights that Now&Me may have under these Terms of and under the Applicable Laws, User’s account shall be terminated forthwith and without notice if, in the opinion of Now&Me, such User is determined to be a repeat infringer. Repeat infringers are Users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
- Disclaimers and limitation of liability: By using nowandme.com, the User acknowledges that he/she understands and agrees that to the maximum extent permitted by applicable law, the services of nowandme.com are provided on an "as is" and "as available" basis without warranty or condition of any kind, express or implied. Now&Me and/or its agents or contractors hereby disclaim all warranties and conditions with respect to the services available at nowandme.com, including all implied warranties, guarantees or conditions of use, fitness for a particular purpose, title, non-infringement, and absence of errors, bugs, viruses, mechanisms, processes which may disable, damage or interfere with computer systems or networks used by the User to install, access or use nowandme.com hereunder.
- Termination/access restriction: Now&Me reserves the right, at all times to terminate access of the User to nowandme.com at any time, in its sole discretion, and without prior notice. No reason is required to be provided by Now&Me for such termination. The User may terminate this Agreement by ceasing to use the nowandme.com.
- Profanity policy:
Now&Me prohibits the use of language that is racist, hateful,
sexual or obscene in nature in a public area and encourages and
requests all Users to report any violations of its Policy and/or
related conditions to Now&Me for review:
- Report offensive display names;
- Report offensive language in a blog/discussion board/comment board or otherwise.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
Now&Me may consider the circumstances of an alleged policy violation and the user's records before taking action.
Violations of this policy may result in a range of actions, including:
Prosecution under Applicable Law.
Now&Me respects privacy of the User at all times. The User is
Now&Me collects, uses, and discloses information about the User.
USER GRIEVANCE REDRESSAL MECHANISM: Any User who has any reasonable concerns with regard to nowandme.com is advised to immediately and by all means within 48 hours from the date of such concern write to the designated User Grievance Redressal Cell at [email@example.com] The User Grievance Redressal Cell shall endeavour to respond to the User within 10 working days or such further reasonable period notified by the User Grievance Redressal Cell to the User.
The User agrees that with respect any written notice which nowandme
is required or permitted to give to the User in connection with
eﬀectively given immediately upon electronic transmission of such
notice to the email address of the User set forth in their account
- Force majeure: Now&Me shall not be liable for any defect, delay, failure or inadequate performance of nowandme.com to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that is beyond the reasonable control of nowandme.In any such event, (a) Now&Me shall provide a written notice to the User within 7 working days of the force majeure event coming into its knowledge, and (b) the User may immediately terminate this Agreement any time between the notification of the first force majeure event and thirty days after it receives such notice in subsection (a) in the event the force majeure event does not cease within 10 days from the date of the said notice.
- Limitation of liability:In no event will Now&Me be liable to USER or any party for, without limitation, any loss of use; interruption of business; or any direct; indirect; special; incidental; exemplary or punitive or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract; tort (including negligence); strict product liability or otherwise; whether arising out of the use or inability to use nowandme.com(including but not limited to loss of data or data being rendered inaccurate), even if Now&Me has been advised of the possibility of such damages.
- No waiver: Any delay, omission, forbearance or failure on part of Now&Me to enforce any part or provision of this Agreement shall not constitute a waiver under any circumstances.
- Severability: Notwithstanding that any part or provision of this Agreement is held or declared to be invalid and/or unenforceable by a competent court of law, the rest of the Agreement will remain in full force and effect.
- No agency: The Parties hereto are independent contractors, and this Agreement is not intended to create an agency, partnership or joint venture.
- Equitable relief: Nothing in this Agreement will limit either party's ability to seek equitable relief.
India without regard to its conflicts of laws principles. The User
hereby consents to the exclusive jurisdiction of competent Courts
located at New Delhi, India with regard to all disputes arising out
implementation, enforcement and the User hereby waives any right to
claim that such courts constitute an inconvenient forum for such
disputes. Use of nowandme.com is unauthorized in any jurisdiction
including without limitation this paragraph. nowandme's performance
time to time, and legal processes, and nothing contained in these
governmental, court and law enforcement requests or requirements
relating to the User’s use of nowandme.com or information provided
to or gathered by nowandme.com with respect to such use.
Please print a copy of these Terms of Service for your records and PLEASE check the site frequently for any changes to these Terms of Service.
- Contacting Now&Me. You may contact Now&Me by email at firstname.lastname@example.org