Privacy Policy

This website, www.makemydraft.com, (hereinafter referred to as “make my draft”) is owned, hosted and operated by make my draft, (Hereinafter referred to as MMD), a proprietorship company and having its registered office at No.102, next to Whitefield boulevard villa, seegehalli, kadugodi, Bengaluru 560067. These terms and conditions regulating use of these Services constitute a legally binding agreement between Make my draft and the User (the “Agreement”).

TERMS AND CONDITIONS:

Make my draft and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING Make my draft, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE Make my draft. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (info@makemydraft.com)

MMD may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Make my draft. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Make my draft, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. MMD may also suspend the operation of Make my draft for support or technical up gradation, maintenance work, in order to update the content or for any other reason.

If you utilize Make my draft in a manner inconsistent with these terms and conditions, MMD may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

DEFINITIONS

The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of Make my draft (whether on a paid or free basis), and to whom the access to Make my draft is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Make my draft or chosen by the Subscriber or agreed upon by Make my draft. It is made abundantly clear that only the authorised User has the right to access the Services so offered by Make my draft.

The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Make my draft, without the need or a requirement to create an account i.e. visits non-restricted portions of Make my draft.

The use and access to Make my draft shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an ‘unauthorised user’ and will nevertheless be subject to the terms and conditions regulating the usage of Make my draft, and expressly so with respect to respecting the intellectual property rights of the MMD, and abiding by terms and conditions below mentioned.

The terms ‘User‘ and ‘Customer‘ would include both the Subscriber or Advertiser(s) and Browser or Visitor(s)

The “Agreement” Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall deem to have been executed at Bangalore.

The terms ‘Service’ or ‘Services’ would mean to include the interactive online information Service offered by Make my draft on the internet through which the user may access information carried by Make my draft in the database maintained by it. The terms would include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to Make my draft acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.

PAYMENT TERMS

Payments for the Services offered by Make my draft shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of MMD. MMD offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that MMD/Make my draft.in, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to MMD under any other agreement or commercial relationship towards other products/services. MMD gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. MMD undertakes no liability for free Services. MMD reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

MMD uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, MMD does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by MMD, once a credit card transaction has been completed, the payment information is not accessible to anyone at MMD after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.

MMD shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

REFUND IN FAILED TRANSACTIONS:

Though MMD payment reconciliation team works on a 24 x 7 basis, MMD offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of Make my draft.

If you utilize Make my draft in a manner inconsistent with these terms and conditions, MMD may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

USE OF INFORMATION

User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service (“Content”) as proprietary to Make my draft. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Make my draft. Make my draft does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User’s own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trademarks and Service marks (“Marks”) appearing in Make my draft are the properties either owned or used under license by MMD and / or its associates. All rights accruing from the same, statutory or otherwise wholly vest with MMD/ its associates. The access to Make my draft does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

MMD respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. MMD shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using Make my draft as a platform to infringe the Intellectual Property Rights of others, MMD will be free to terminate this Agreement forthwith without any notice to the user.

By allowing Users to access Make my draft, MMD grants the Users a limited, non-exclusive, non-assignable, revocable license (the “License”) to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.

RESTRICTIONS/PROHIBITIONS

You hereby expressly agree not to:

1. (a) Utilise the Services offered by Make my draft in any manner so as to impair the interests and functioning of MMD/Make my draft and which is non-compliant with laws and regulations.
2. (b) Access data not intended for you or log into server or account that you are not authorized to access;
3. (c) Attempt to probe, scan or test the vulnerability of a system or network;
4. (d) Attempt or breach security or authentication measures without proper authorization;
5. (e) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Make my draft, overloading, Flooding, mail bombing or crashing;
6. (f) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Make my draft except as permitted;
7. (g) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on Make my draft to any other system. No reproduction of any part of Make my draft may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Make my draft, whether in hard copy or electronic format, including postings to any other Make my draft; or
8. (h) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Make my draft or link to Make my draft, without our express written consent.
9. (i) The user shall not utilise the Services offered by Make my draft in any manner so as to impair the interests and functioning of MMD/Make my draft. The user undertakes not to duplicate, download publish, modify and distribute material on Make my draft unless specifically authorised by MMD in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Make my draft other than the Home Page without obtaining prior consent of MMD. MMD strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
10. (j) Users undertake that the Services offered by Make my draft shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. MMD is not obligated to but reserves the right to filter and monitor and block the emails sent by you/user using the servers to be maintained by MMD to relay emails. All attempts shall be made by MMD and the user to abide by International Best Practices in containing and eliminating Spam.

The User / subscriber / visitor to Make my draft or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:

• belongs to another person and to which the user does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harm 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 any information which is grossly offensive or menacing 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

Violations of system or network security may result in civil or criminal liability.

LINKS TO THIRD PARTY WEB SITES 

Make my draft may provide links to other third-party World Wide Web sites or resources. MMD makes no representations whatsoever about any other Web site you may access through Make my draft

DISCLAIMER AND WARRANTIES

Make my draft is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

THE CONTENT OF Make my draft IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

MMD AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF Make my draft.

Views expressed by the Users are their own, MMD does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, merchandise and other information provided through the website. MMD does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.

No information contained herein shall constitute an invitation or an offer to invest in MMD or any of its Affiliates. Further, nothing contained in Make my draft should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and MMD makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

Make my draft is controlled and operated from India and MMD makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use Make my draft from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

MMD offers products, Services, content and various other functionalities through Make my draft and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. MMD does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on Make my draft may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that MMD intends to announce, launch or provide such products, programs or Services in your country.

LIMITATION OF LIABILITY 

MMD will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Make my draft, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

MMD assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of User’s data/information. MMD shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.

TERMINATION 

MMD may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Make my draft (or any part thereof) for any reason, including, without limitation, that MMD based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

INDEMNIFICATION 

Submissions and unauthorized use of any information(s)/materials contained on Make my draft may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

You agree to defend, indemnify, and hold harmless, MMD and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Make my draft material or your breach of these terms and conditions or any applicable law.

MMD will not be party to any legal proceedings between parties contracted through these Services. In case MMD is sought to implicated in any legal proceedings, costs will be recovered from the party to such proceedings. Make my draft shall abide with any court order served on it through due process.