(1) Findyourfate.com and
(2) The Subscriber/member or individual identified in the subscription/membership Form to which these terms this subscription/membership and licence agreement terms are referred ("Subscriber" / "member") and governs the Subscribers /Members Authorised User's use of the findyourfate.com web site.
In this Agreement all expressions shall
have the meaning set out in the findyourfate.com User terms and
conditions or as set out in the following meanings:-
"Authorised User" means the
person who has access to the FINDYOURFATE.COM web Site under
a separate ID issued by findyourfate.com, on the Subscribers/Members
written instructions, by virtue of this Agreement;
"Commencement Date" means
the date upon which findyourfate.com accepts the Subscribers/Members
application to subscribe to the findyourfate.com web Site and
from which the Subscriber/Member shall have access to the findyourfate.com
"Content" means any and all
such data which from time to time comprises the findyourfate.com
web Site including, without limitation, illustrations, photographs
and text or any part thereof;
"ID" means the Subscribers'
/Members' login name and password;
"Licence" means the licence
granted to the Subscriber/Member pursuant to clause 3.1
"Premises" means the main
address from which the Subscribers/Members will access
the findyourfate.com web Site and such other addresses where
the User may access the Site remotely, as notified to Us in
the subscription/Membership Form;
means the form set out on the front of this document or printed
from the Site containing the Subscriber/Member details, submission
of which form duly completed to FINDYOURFATE.COM constitutes
an application to subscribe to the FINDYOURFATE.Com web site
under the terms set out in this Agreement;
"Software" means the software
or any part of it (including any upgrades or modifications thereto
from time to time) to which findyourfate.com or findyourfate.com
Suppliers give the Subscriber/Member access or is made available
for the Subscriber/Member to download to enable the Subscriber/Member
to use the findyourfate.com web site;
means the annual non-refundable subscription/Membership fee
or life member non-refundable fee or one time service non-refundable
fee for access to the findyourfate.com web Site by the Authorised
User(s), the initial fee shall be as specified in the Supcription/Membership
Form and may be varied from year to year by at least 30 days'
notice to the Subscriber/Member prior to each anniversary of
"Supplier" means all such
Persons who supply the findyourfate.com web Site including but
not limited to those who publish and provide information, supply
hardware, software or other services to the findyourfate.com
" findyourfate.com web Site"
means the on-line prediction and other allied services currently
available at www.findyourfate.com as made available to the Subscriber/Member
pursuant to this Agreement and which, as between findyourfate.com
and the Subscriber/Member, is proprietary to findyourfate.com.
" findyourfate.com User T&Cs"
the user terms and conditions attached as Schedule 1
In consideration of the Subscriber/Member
paying the SubscriptionMembership Fee and all other charges
associated with the Subscriber/Member and/or any of the Subscriber/Member
use of the FINDYOURFATE.COM web site FINDYOURFATE.COM hereby
grants to the Subscribers/Members, a non-exclusive non-transferable
limited licence to access and utilise the FINDYOURFATE.COM web
site in accordance with the FINDYOURFATE.COM User T&Cs.
FINDYOURFATE.COM shall assign to
the Subscriber/Member or allow the Subscriber/Member to select,
at our discretion, an ID for the Subscribers/Members to access
the FINDYOURFATE.Com web site at the Premises.
The Subscriber/Member warrants that
the information the Subscriber/Member has given in the Subscription/
Membership Form, including as to Authorised User details, is
accurate and complete and the Subscriber/Member undertakes to
notify FINDYOURFATE.COM immediately, and in any event within
7 days, of any changes to that information.
The Subscriber/Member hereby warrants
and undertakes that all Content accessed by the Subscriber/Member
through the use of the FINDYOURFATE.COM web site will be used
in accordance with the FINDYOURFATE.COM User terms and conditions
The Subscriber/Member shall notify
FINDYOURFATE.COM immediately in writing of any misuse of the
Content and/or the FINDYOURFATE.Com web site including any infringement
of copyright or other intellectual property rights arising in
the Content or the FINDYOURFATE.Com web site.
The Subscriber/Member undertakes
to procure the compliance by the Subscribers/Members with
the FINDYOURFATE.COM User terms and conditions and such variations
as may from time to time be made thereto and to set up appropriate
management processes to monitor that compliance. The Subscriber/Member
further agrees to indemnify FINDYOURFATE.COM against any breach
of those terms.
Disclaimer and Limitation of Liability
The Subscriber/Member expressly
acknowledges and agrees that the FINDYOURFATE.Com web site is
provided subject to the disclaimers and limitations of liability
set out in the FINDYOURFATE.COM User terms and conditions and
agrees to be bound by them as if it were itself an Authorised
FINDYOURFATE.COM rely on the World
Wide Web for delivery of the FINDYOURFATE.COM web site to the
Subscribers/Members Authorised User(s) and without limiting
the foregoing whilst FINDYOURFATE.COM will use FINDYOURFATE.COM
reasonable efforts to minimise delays and interruptions in the
delivery and/or updating of the FINDYOURFATE.COM web site FINDYOURFATE.COM
will not be liable to the Subscriber/Member in any manner whatsoever
for any consequences of such delay or interruption.
Nothing in this Agreement shall
operate to exclude liability for death or personal injury caused
by FINDYOURFATE.COM or FINDYOURFATE.COM agents' or employees'
The FINDYOURFATE.Com web site may
from time to time contain advertising and sponsorship. FINDYOURFATE.COM
are not responsible for the compliance or otherwise of the material
provided by such advertisers and sponsors and their compliance
or otherwise with voluntary or statutory codes or provisions
and can provide no warranty that it will not take advertisement
or sponsorship from competitors of the Subscriber/Member.
www.findyourfate.com will not be
liable for loses of any nature and / or claims for mental agony
which may arise from direct or indirect use of any of the contents
Charges and Payment
The Subscriber/Member shall pay
to FINDYOURFATE.COM the following sums:
the Subscription/Membership Fee
annually, life member fee or one time fee in advance;
Any other charges arising out of
the Subscribers/Members' use of the FINDYOURFATE.Com web site
from time to time for which the Subscriber /Member is
FINDYOURFATE.COM will invoice the
Subscriber/Member annually, or once for the life member
in advance in respect of the Subscription/Membership Fee, at
the address submitted on the Subscription/Membership Form or
such other address as is notified to FINDYOURFATE.COM in writing
by the Subscriber/Member. All invoices are due and payable upon
receipt. FINDYOURFATE.COM reserve the right to suspend the Subscribers/Members
use of the FINDYOURFATE.COM web site for non payment, without
prior notice. The Subscriber/Member shall be liable for all
costs of collection incurred by FINDYOURFATE.COM including,
without limitation, legal fees in collecting overdue Sums.
The Subscription/Membeship Fee and
all other charges payable under this Agreement are exclusive
of Value Added Tax, other applicable sales taxes which shall
be paid by the Subscriber/Member at the rate and in the manner
for the time being prescribed by law.
All taxes and other government charges
or fees are the Subscribers/Members responsibility and may be
added and billed to the Subscribers/Members account.
Term and Termination
This Agreement shall take effect
upon the Commencement Date and shall continue for one year (for
annal subscriptions) and thereafter for additional periods (for
life subscriptions) unless or until sooner terminated as provided
Either party may terminate this
Agreement effective on any anniversary thereof by providing
written notice of cancellation no later than thirty (30) days
prior to the end of the current term.
Notwithstanding this clause FINDYOURFATE.COM
may terminate this Agreement effective immediately if an event
of Force Majeure (as defined in clause below) continues for
a period of more than 1 month or any Authorised User is in breach
of the FINDYOURFATE.COM User T&Cs.
Upon termination, the Subscriber/Member
shall remain responsible for all monies due and owing to FINDYOURFATE.COM
under this Agreement.
Any termination of this Agreement,
for whatever reason, shall not affect any accrued rights or
liabilities of either party nor shall it affect the coming into
force or the continuance in force of any provision which is
expressly or by implication intended to come into or continue
in force on or after such termination.
All notices served pursuant to this
Agreement shall be sent by electronic mail to the appropriate
party at the parties addresses contained in the Subscription/Membership
Form or as otherwise agreed in writing between the parties.
Such notice shall be deemed effective three hours from transmission.
In addition, FINDYOURFATE.COM may also serve notice upon the
Subscriber/Member via the FINDYOURFATE.COM web site, and such
notice shall be deemed to take place on the date it first appears
on the FINDYOURFATE.COM web site.
FINDYOURFATE.COM shall not be liable
to the Subscriber/Member or the Subscribers/Members Authorised
User(s) for any breach of FINDYOURFATE.COM obligations under
this Agreement as a result of any event or matter beyond FINDYOURFATE.COM
reasonable control including, without limitation strikes, lock-outs,
Government laws & regulations, trade disputes, defaults
of Suppliers or licensors, failure of any telecommunication
system, failure of the World Wide Web, any computer system or
any internet service provider, failure by any Supplier to supply
an service (including Content and Software) and any act of God
or any government or regulatory authority ("Force Majeure").
If any term or provision in this Agreement
shall in whole or in part be held to be invalid, illegal or
unenforceable the enforceability of the remainder of this Agreement
shall not be affected.
The Subscriber agrees to indemnify and
hold FINDYOURFATE.COM, its employees, agents, officers, directors
and other representatives harmless from and against all liabilities,
damages, claims, actions, costs and expenses (including legal
fees) which FINDYOURFATE.COM may suffer or incur, in connection
with or arising from any of the Subscribers/Members breach
of this Agreement and use of the FINDYOURFATE.COM web site.Findyourfate.com
accepts no responsibility for the content , accuracy, results
and conformity of such results . Where any action is brought
against FINDYOURFATE.COM in respect of such breach or use FINDYOURFATE.COM
may participate in the defence of any claim or action, and any
negotiations for settlement, and reserves the right, at its
own expense, to formally assume the exclusive defence and control
of any claim or action whereupon the Subscriber/Member obligations
under this clause shall cease.
Entire Agreement and Waiver
This Agreement as modified byFINDYOURFATE.COM
User terms and conditions forms the entire understanding between
us. No Subscriber /Member purchase terms or other purported
variation shall have any effect on these terms agreed between
the parties. No delay or indulgence by FINDYOURFATE.COM in enforcing
the provisions of this Agreement shall affect FINDYOURFATE.COMs
rights nor shall any waiver of FINDYOURFATE.COMs rights operate
as a waiver of any subsequent breach. No right, power or remedy
conferred upon or reserved for FINDYOURFATE.COM is exclusive
of any other right, power or remedy available to FINDYOURFATE.COM
and each such right, power or remedy shall be cumulative.
FINDYOURFATE.COM reserve the right to
vary the FINDYOURFATE.COM User terms and conditions as set out
Governing Law and General Provisions
The validity construction and performance
of this Agreement shall be governed as set out in the FINDYOURFATE.COM
Use of Email for official
/ Member hereby directs findyourfate.com to send all reports and
communications to member / subscriber via e-mail by using registered
email ID. Subscriber / Member understand that internet is not
encrypted and is not a secure means of transmission. Subscriber
/ member acknowledge and accept that such an unsecured transmission
method involves the risks of possible unauthorized alteration
of data and/or unauthorized usage thereof for whatever purposes.
/ Member agree to exempt findyourfate.com and its members from
any and all responsibility of such misuse and receipt of information,
and hold findyourfate.com or its members harmless for any costs
or losses the subscriber / member may incur due to errors, delays
or problems in transmission or otherwise caused by using the internet
as a means of transmission.
Please read this carefully. By accessing the web site at http://www.findyourfate.com/
(the "web Site") you are agreeing to the terms that appear below. This
is a legally binding agreement. If you have any questions, please contact
Terms were last updated on May 9, 2006.
This Site is owned and operated by findyourfate.com("FINDYOURFATE.COM")
Contact details appear at 'Contact Us' web page
As a user (whether trialist or subscriber/Member), you will be able
to access material on most areas of the Site having gone through the registration
process. Certain areas of the Site may only be open to you if you are
a full subscriber/Member or will only be available for a limited period
Any time limit applying to your access and use of the Site on these
Terms will be set out in the terms of any trial offer subscription/Membership
agreement. However, FINDYOURFATE.COM reserves the right to suspend or
terminate your access and use of the Site at any time. It may exercise
this right with or without notice. If applicable, notice will be given
to your e-mail address as notified to FINDYOURFATE.COM. In that event,
notice will be deemed to be served three hours after transmission. You
are responsible for all charges from your own internet and telecommunications
All material on the Site and messages by email (the "Content")
belongs to FINDYOURFATE.COM or its licensors. You may retrieve and display
Content from the Site on a computer screen, print individual pages on
paper (but not photocopy them) and store such pages in electronic form on
disk (but not on any server or other storage device connected to a
network) for your personal, non-commercial use. Except as expressly set
out above, you may not reproduce, modify or in any way commercially
exploit any of the Content save as source material having given full
credit to FINDYOURFATE.COM as the source including the trademark and
copyright notice. Please be careful not to copy the designs, trade marks
or intellectual property of others reported within the Site as this may
result in your being sued or prosecuted by the owner of that content. In
particular, but without limiting the general application of the
restrictions contained in the preceding sentence, you may not do any of
the following without prior written permission from
Redistribute any of the Content (including by using it as part of any
library, archive or similar service) - Remove the
copyright or trade mark notice from any copies of Content made under these
Terms - Create a database in electronic or
structured manual form by systematically downloading and
storing all or any of the
Requests to republish or redistribute Content should be addressed
to FINDYOURFATE.COM at firstname.lastname@example.org.You acknowledge that "FINDYOURFATE.COM", "findyourfate.com"are
trade marks and that you may not use them without written permission from
On registration, you must provide FINDYOURFATE.COM with accurate,
complete registration information and it is your responsibility to inform
FINDYOURFATE.COM of any changes to that information (including in particular
your email address) by emailing :email@example.com .
is for a single user/member only. On registration, you will choose a user
name and password. FINDYOURFATE.COM does not permit any of the following:
person sharing your user name and password
- Access through a single name and password
being made available to multiple users on a network.
You are responsible for all use of the Site made by you or
anyone else using your user name and password (collectively, "ID") and
for preventing unauthorized use of your ID. If you believe there has been
any breach of security such as the disclosure, theft or unauthorized use
of your ID or any payment information, you must notify FINDYOURFATE.COM
immediately by emailing to :firstname.lastname@example.org. Any misuse of this Site or breaches of this agreement may
also lead to you being disciplined or penalized by any organization with
whom you are associated who subscribes to this Site on your behalf and
FINDYOURFATE.COM reserves the right to inform them of such misuse or breach.
Bulletin Boards & Discussion Groups
The Site may include bulletin boards, discussion groups
and other public areas that allow feedback to FINDYOURFATE.COM and
interaction between users ("Forums"). While FINDYOURFATE.COM does not
control the information posted to Forums (the "Messages"), it reserves the
right (which it may exercise at its sole discretion without notice) to
delete, move or edit the Messages and you waive any moral rights that you
may have in regard to the Messages.
solely responsible for the content of your Messages. You must comply with
any rules posted by FINDYOURFATE.COM on a Forum. You may
- post or
otherwise publish any Messages containing any form of advertising for
goods and services;
- post or otherwise
publish any Messages that are unlawful, threatening, abusive, libelous,
.infringe the rights of third parties
or which contain any other form of illegal content;
- post or otherwise publish any Messages that
contain a virus or other harmful component;
restrict or inhibit any other user from using the
By submitting messages to any Forum you personally agree to
indemnify and hold harmless FINDYOURFATE.COM from all claims, costs and
expenses (including legal expenses) arising out of any Messages posted or
published by you. By submitting Messages to any Forums you are granting
FINDYOURFATE.COM a perpetual royalty free non-exclusive licence to
reproduce, make available, distribute and sub-license the Message in whole
or in part and in print or electronic form.
FINDYOURFATE.COM may provide news email service or other prompts
to new Content. Your use of the Content received through the email news
service will be subject to these Terms.
Additional Services Content
We may offer you the opportunity to partake in complimentary
services that do not form part of the news, information and source
material on the site, such additional material ("Additional Services
Content") would be available to you on a paid-for basis. Additional
Services Content will be clearly identified as will any additional terms
Software and Java Security
Copyright in any software that is made available for download from
the Site ("Software") belongs to FINDYOURFATE.COM or its suppliers. Your
use of the Software is governed by the terms of any licence agreement that
may accompany or be included with the Software. Do not install or use any
Software unless you agree to such licence agreement.
Limitation of Liability and Disclaimer
The Content is only for your general information and use and is
not intended to address your particular requirements. In particular, the
Content does not constitute any form of advice, recommendation or
arrangement by FINDYOURFATE.COM and is not intended to be relied upon by
users in making (or refraining from making) any specific investment or
other business or personal decisions. Appropriate local independent advice
should be obtained before making any such decision. Any arrangements made
between you and any third party named on this Site whether in the trade
directory or otherwise are at your sole risk and
BECAUSE OF THE NUMBER OF SOURCES FROM WHICH FINDYOURFATE.COM
OBTAINS CONTENT AND THE NATURE OF ELECTRONIC DISTRIBUTION VIA THE WORLD
WIDE WEB, FINDYOURFATE.COM DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE
SITE. IN PARTICULAR, THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE"
BASIS AND FINDYOURFATE.COM DOES NOT GUARANTEE THE ACCURACY, TIMELINESS,
COMPLETENESS, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE
OR ANY CONTENT. ALL IMPLIED WARRANTIES ARE EXCLUDED FROM THESE TERMS TO
THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. ADDITIONALLY,
FINDYOURFATE.COM MAKES NO WARRANTY THAT THE SITE IS YEAR 2000 COMPLIANT OR
FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR
FINDYOURFATE.COM WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS) ARISING IN CONTRACT, TO OR OTHERWISE
FROM YOUR USE OR INABILITY TO USE THE SITE OR ANY CONTENT OR FROM ANY
ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING THE
SITE OR ANY CONTENT.
contains links to other World Wide Web sites, either directly or through
frames and, where possible, we will make clear where such links are being
made. Those sites are provided by independent third parties and
FINDYOURFATE.COM is not responsible for their availability or
Notwithstanding these provisions, FINDYOURFATE.COM's liability
will not be limited in the case of death or personal injury directly
caused by FINDYOURFATE.COM's negligence.
The information that you provide about yourself to FINDYOURFATE.COM
will not sell / share your id or your personal information to third parties.
to these Terms
FINDYOURFATE.COM reserves the right, at its discretion,
to make changes to any part of the Site. Due to its policy of updating
and improving the site, FINDYOURFATE.COM may wish to change these Terms
(including those relating to your use of the Content). When terms are
changed, FINDYOURFATE.COM will notify you by email or by publishing details
of those changes by including them at the end of these Terms. If you use
the Site after FINDYOURFATE.COM has published or notified you of the changes,
you are agreeing now to be bound by those changes. If you do not agree
to be bound by those changes, you should not use the Site any further
after they are published at the end of these Terms or after you receive
notice of them.
Information provided by users for services
personal information received from the users for the various services
of www.findyourfate.com will not be shared with anyone or third parties
and would be used only for the services the users have ordered for. We
assure that all personal information of users would be kept confidential.
Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship.
Advertisers and sponsors are responsible for ensuring that material submitted
for inclusion on the Site complies with international and national law.
FINDYOURFATE.COM will not be responsible for any error or inaccuracy in
advertising material. The site publishes advertisements through Google,
to have a strategy for advertising, etc. If you are not acceptable to this
Users may opt out of the use of the DART cookie by visiting the Google ad
for other advertisers, you need to disable cookies in your browser or
not to use our webpages as a last resort.
Competitions and Prize Draws
to time FINDYOURFATE.COM may run competitions, free prize draws and promotions
on the Site. These are subject to additional terms that will be made available
at the time of such competitions.
of Law and Jurisdiction
shall be governed by, and construed in accordance with, Indian law.
The parties irrevocably agree that the courts of India
shall (subject to the paragraph below) have exclusive jurisdiction to
settle any dispute which may arise out of, under, or in connection with
these Terms or the legal relationship established by them, and for those
purposes irrevocably submit all disputes to the jurisdiction of the Indian
exclusive benefit of FINDYOURFATE.COM, FINDYOURFATE.COM shall retain the
right to bring proceedings as to the substance of the matter in the courts
of the country of your residence or, where these Terms are entered into
in the course of your trade or profession, the country of your principal
place of business.
not assign sub-license or otherwise transfer any of your rights or obligations
under these Terms.
If any provision
of these Terms is found to be invalid by any court having competent jurisdiction,
the invalidity of that provision will not affect the validity of the remaining
provisions of these Terms, which shall remain in full force and effect.
by either party to exercise any right or remedy under these Terms does
not constitute a waiver of that right or remedy.
in these Terms are for convenience only and will have no legal meaning
Findyourfate.com is an organization operating from :
IF YOU DO
NOT ACCEPT THESE TERMS DO NOT USE THE SITE.
The information that you provide about yourself to
FINDYOURFATE.COM will only be used by FINDYOURFATE.COM in accordance
FINDYOURFATE.COM confirms this information will only be used as
for the effective administration of the Site and to communicate with
you, the more accurately we know you the
more we can tailor the Site to meet your
expectations; - the
disclosure of your information to companies associated with
FINDYOURFATE.COM throughout the world
to help provide a better service; to potentially supply our
auditors, advertisers and sponsors with
aggregate Site usage and demographic
Should you wish to change your original registration
details at any time please use this link modify profile to change your personal details.