By visiting this website (www.TheMarketers.in) you ACCEPT the Terms & Conditions of The Marketers website “THE COMPANY” mentioned below. If you (USER/BUYER/PURCHASER/VISITOR) DON’T agree or accept the terms & conditions please do not use this website and leave this website immediately and PLEASE DON’T PROCEED.
TERMS AND CONDITIONS
The following are the terms and conditions for using the website (www.TheMarketers.in) and its offerings (paid and free).
The USER/USERS of this website accepts that the “database” provided by the company and the details provided in the database like mobile number, address, email address are not filtered or verified by TheMarketers.in. We strictly recommend USER/USERS to filter the mobile numbers as per TRAI or other applicable Government or legal body rules and follow all the rules and regulations of TRAI (Telecom Regulatory Authority of India – www.trai.gov.in and www.nccptrai.gov.in) and other laws, notifications, circulars or orders (applicable laws) issued by the relevant authority/ies from time to time.
The COMPANY is not responsible, answerable, liable, and questionable if any of the USER contravenes any provision or fails to follow the applicable laws. If the USER is not following the TRAI rules and regulations and sending marketing SMS and/or making Marketing calls to mobile subscriber who registers their mobile number with TRAI for DND (DO NOT DISTURB) Services then any third party (who received the Marketing SMS/CALLS) has the right to take action against USER and the USER by accepting these terms and conditions INDEMNIFIES THE COMPANY for any costs, losses, compensation incurred/suffered by THE COMPANY for any legal action taken by ANY THIRD PARTY against THE COMPANY for the WRONGFUL USE by THE USER of the “DATABASE/DATA PROVIDED IN THE DATABASE”.
1. THE COMPANY does not give any guarantee to the USERS for the accuracy of mobile numbers, email addresses or other data provided. The mobile numbers and details may be not valid or not live or inactive as people and situation changes over a period of time.
2. After purchasing the mobile number database pack from www.themarketers.in, USER has to use the Mobile numbers only for their product/business/service promotion and USER SHOULD NOT USE for SPAMMING or OTHER ILLEGAL PURPOSE.
3. THE USER shall not sell or transfer THE DATABASE to any other person/company/body corporate without obtaining authorisation of themarketers.in and any such use without authorisation shall be ILLEGAL and THE COMPANY is entitled to take appropriate LEGAL ACTION against such USER and seek compensation.
4. If USER does any illegal activity or spamming then any third party has rights to take action against theUSER.
5. THE COMPANY has full rights to modify or stop the existing offers/free gifts/any other free items at any time without any prior notice.
6. All the offers/free gifts/any other free items are subject to availability.
7. THE COMPANY never gives any warranty or any guarantee or any other promise to USERs for mobile number database pack correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
8. After purchasing the database pack, there will be NO REFUND.
9. Any database or custom database or mobile list or email list freely provided by THE COMPANY on www.themarketers.in comes with no guarantee of response rate or accuracy.
10. If USER finds any defects/bugs in our software’s then please inform the same to us. We will correct the Bugs in our future release and will allow the USER to upgrade our software’s without any charges.
THE COMPANY does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, THE COMPANY is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, THE COMPANY reserves the right to block or remove communications or materials comes to its knowledge specifically by any user and it determines to be
(a) abusive, defamatory, or obscene,
(b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or other intellectual property rights of another or
(d) offensive or otherwise unacceptable to www.themarketers.in in its sole discretion.
Disclaimer of Liability
THE COMPANY shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of the Software’s/Database/Service or with the delay or inability to use the Software’s/Database/Service, or for any information, products and Software/Database/Services obtained through use of the Software’s/Database/Service, or otherwise arising out of the utilization of the Software’s/Database/Service, whether based in contract, tort, strict liability or otherwise, even if THE COMPANY has been advised of the possibility of said damages.
Furthermore, THE COMPANY shall not be liable for any damages arising from the interruption, suspension or termination of the Software/Database/Service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.
THE COMPANY reserves the right to modify and/or discontinue the Software/Database/Service, whether temporarily or permanently, with or without notice to the users, and THE COMPANY shall not be liable to THE USER or any third party for any such modification and/or discontinuance of the Software/Database/Service. THE COMPANY further reserves the right to make revisions, modifications, additions, deletions or any such changes to these terms and conditions at its sole discretion, at any time, with or without notice to its users.
These terms and conditions represents the entire agreement between THE USER and THE COMPANY with respect to use of the Software/Database/Service by THE USER, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between THE USER and THE COMPANY with respect to the use of the Software/Database/Service by THE USER.
1. All the databases are collected from various sources around the world.
2. The quality of the free database is defined on each and every page of the related database on www.themarketers.in. However, quality may differ at any time. So it may be different.
3. The discounts and offers provided by THE COMPANY can change anytime without any prior notice.
4. There is no money back guarantee provided by the COMPANY either directly or indirectly. So in any condition, there will not be any money back given and no refund posted on the website.
5. Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE TheMarketers.in site and it’s products, OR MATERIALS OR FUNCTIONS ON TheMarketers.in site and it’s products, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING TheMarketers.in site and it’s products.
6. Jurisdiction: If there is any dispute about or involving the Database/Service provided by ‘www.TheMarketers.in’, by using the Database/Service, you agree that the dispute will be governed by the laws of the Tiruppur Court without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the Tiruppur courts. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Indian Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
7. THE COMPANY usually send the download link to download the free database file. The download link is sent by email to the buyer. However, the download link will remain active for maximum 24 hours only. The download link will remain for only one-time download.
8. After payment for any product, THE USER is automatically abided by these terms and conditions.
9. Once THE USER has received the download link, THE USER should not forward the link to anyone else by any mean for any reason.
10. Once the download link becomes inactive, it will not be reactivated thereafter for any one.
11. If in the opinion of THE COMPANY any buyer who is/are intentionally trying to purchase the Software and after getting the Software and free database he/she may create a dispute about the payment and/or about the product, the company reserves the right to terminate all the relation with that particular buyer and company may forfeit the purchased amount paid or company may refuse to accept the payment for any reason.
12. All Rights are reserved by the company.
13. Any or all the terms and conditions issued by the company may change at any time with or without prior notice.
14. This Agreement shall be governed by and construed in accordance with the Laws of India. Any legal proceedings in respect of any matters, claims or disputes under this Agreement shall be exclusively before the courts of Tiruppur, Tamil Nadu.
By visiting this website/ purchasing the product from www.TheMarketers.in, I (USER/BUYER/PURCHASER/VISITOR) hereby declare and accept the below.
1. I clearly know that any database or custom database or email list or mobile list provided by THE COMPANY comes with no guarantee of response rate or accuracy.
2. I understand that all sales are final, and there are no refunds.
3. I hereby declare that I will not use the email ids or mobile list for any illegal purpose after purchasing.
4. I hereby declare that I will not send any spam emails or SMS.
5. I clearly understand that THE COMPANY did not give me any guarantee or warranty for the accuracy of the database.
6. I clearly know that all offers/free gifts/any other free items provided by THE COMPANY will be stopped or modifiable at any time without any prior notice.
7. I clearly understand that “database” provided by the company and the details provided in the database like mobile number, address, email address are not filtered, or verified, or procured with consent by THE COMPANY.
8. I hereby declare that I will filter the provided data as per applicable rules and guidelines such as TRAI (Telecom Regulatory Authority of India – www.trai.gov.in and www.nccptrai.gov.in) rules and will follow all the rules and regulation of TRAI before starting my Telemarketing activities. I clearly understood that I will be punished as per the TRAI rules and regulation in case if I fail to follow the instructions specified/provided by TRAI.
9. I clearly understand that THE COMPANY does not provide any personal information and if I come across any personal information in the DATABASE, I undertake to delete the same immediately and will not share or use the said data for any purpose whatsoever. I will also intimate the said fact to THE COMPANY.