1. Introduction. This Agreement is an English language legal document which sets out your rights and obligations, and those of Dhingra.com, pending
("Dhingra.com", "we" or "us"), in relation to this site and the services offered by Dhingra.com through it (the "Dhingra.com Service"). You must take the time to read and understand it, before registering for the Dhingra.com Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Dhingra.com Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Dhingra.com Service. We do not separately file the individual Agreements entered into by Members. However, you can access the Agreement using the link to our Terms and Conditions on each page of the Dhingra.com Service and print it off, should you so wish. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
2 Types of membership. People who register for the Dhingra.com Service become "Members". They must be at least 18 years of age. The Membership divides between those who decide for a full annual membership (which we call "Full Members"), and those who do not ("Standard Members").
Standard Members may:
(a) Add all or part of their family tree, using the facilities we make available for doing so. Important: Members must have, and continue to have, the express permission of any living person to include their details in a family tree. If a Member is asked to do so, relevant details must be removed. Members are the controllers of the information they input relating to living persons, and therefore have obligations under the privacy and data protection laws (such as the Data Protection Act 1998). Dhingra.com may remove all or part of a family tree if so required.
(b) Search for individuals against such criteria as may be required by the Dhingra.com Service.
(c) Receive emailed messages, which will be sent to the email address contained in Your Details (which are provided during Registration and may be updated subsequently), sent by Full Members.
(d) Opt to receive emails selected during the Registration process (as added to, or de-selected, subsequently), such as notification when another member enters a family name that already exists in your tree, and/or receive emailed offers of goods and services from third parties we select.
(e) Opt to receive our emailed Newsletter for the Dhingra.com Service.
In addition to the facilities available to Standard Members, Full Members may:
(a) Send email messages to addresses of both Full and Standard Members, following a successful search.
(b) Post to any message boards which may be available on the Dhingra.com Service.
(c) Upload photographs. If any photograph contains the image of a living person, the Full Member uploading it must obtain the prior consent of that person to the photograph appearing on the Dhingra.com Service, and must ensure the compliance of each such photograph with all privacy, data protection and other laws (such as the Data Protection Act 1998). Dhingra.com may remove any photograph from the Dhingra.com Service if requested to do so by any affected person.
We are not an internet service provider, however. In order
to avail of the Dhingra.com Service, you must have internet
access, all the software (and skills) required for email and
3. Important Note: Full Membership. If you decide to become a Full Member, and therefore do for our Full Membership, you are agreeing to take the Full Membership we make available to you promptly. This means that you do not have the right to cancel your Full Membership during the cooling-off period:
If you wish to continue your Full Membership after the expiry of your twelve month subscription period, we will enable you to do so, at our then-current terms. But please note that we reserve the right to change the Full Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Full Membership.
4. Registration. You undertake to register for the Dhingra.com Service using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details, you must ensure that (a) you are fully entitled to use those details, and (b) sufficient to cover those details which are present in it. As part of the registration process for the Dhingra.com Service, you might receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
6 Dhingra.com's Role. You, whether you are a Member or just a non-Member who visits the Dhingra.com Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Dhingra.com Service or outside of it. We only provide a venue where Members can upload family-related information (which they control), and the Dhingra.com Service may be accessed. In particular, you should be aware that Dhingra.com does not pre-screen or monitor the material contributed by Members, or ensure that it is genuine.
7 Additional services. Dhingra.com or its affiliates may offer new or additional services through the Dhingra.com Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Dhingra.com Service in an appropriate manner (as determined by Dhingra.com in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
8 Operation of Dhingra.com Services. Dhingra.com reserves the right to withdraw or modify one or more aspects of the Dhingra.com Service, or the entirety of is, where we have legal or commercial reasons to do so, including privacy, data protection or other legal objections to the content or conduct of the Dhingra.com Service. There may also be times when the Dhingra.com Service becomes inaccessible as a result of technical difficulties experienced by Dhingra.com or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control . Please note that there will be no chance of Full Membership for withdrawal, modification or unavailability of the Dhingra.com Service, except as provided in Clause 11(ii) below. For security or other reasons, we may require you to change password or other information which facilitates access to the Dhingra.com Service.
9 Misuse of Dhingra.com Service. We reserve the right (a) to suspend or terminate any Member's access to the Dhingra.com Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Dhingra.com Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Dhingra.com Service without our prior consent. You are responsible for everything which is done on or through the Dhingra.com Service while your Membership account is logged on to the Dhingra.com Service, or through your email address(es).
10 Relevance. The Dhingra.com Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
- include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the Dhingra.com Service - Full Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;
- place material on, or otherwise use, the Dhingra.com Service for any business or commercial purpose; or
- use your access to the Dhingra.com Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam)
(i) You acknowledge that we are entitled to alter the basis from time to time, provided that such basis is clearly stated at the time when you agree to take the relevant Dhingra.com Service.
(ii) Full Member will not be cancelled by Dhingra.com, except as follows. If, under Clause 8 above, we entirely withdraw an aspect of the Dhingra.com Service for which you have subscribed, or the entirety of the Dhingra.com Service itself, then you may be entitled to a rebate of your Full Membership for the remainder the twelve month period to which that membership relates; but no part of the contact (as described in Clause 3(1) above) will be rebated to a Full Member under any circumstances if the Full Member has sent one (or more) emails through the Dhingra.com Service during the period to which the Full Membership relates, irrespective of whether the recipient email address is a legitimate address or the recipient sends any reply. No rebate of any part of the Full Membership will be under any circumstances, other than as provided in this Clause 11(ii).
We may add new or ancillary services from time to time which require on terms which will be provided to you at the time.
12 Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Dhingra.com Service, nor any activity or communication you make in connection with any Dhingra.com Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
13 Alerting Dhingra.com. If you see anything on the Dhingra.com Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us here. We do not monitor material contributed by Members before it is placed on the Dhingra.com Service and so we are reliant upon users to point out any which infringes this Agreement.
14 Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the Dhingra.com Service which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of this Agreement, or to bring the Dhingra.com Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Dhingra.com Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Dhingra.com Service.
15 Disclaimer and Release. Dhingra.com has no control over or responsibility for the truth or accuracy of any material available on the Dhingra.com Service, whether provided by Members or others.
- If any third party sites are linked to from the Dhingra.com Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the Dhingra.com Service than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
- Your use of the Dhingra.com Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release Dhingra.com its directors, contractors and employees from all liability arising out of or in connection with the Dhingra.com Service and the material included here by Members and other third parties.
16 Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Dhingra.com Service, other than material which is contributed by Members, are owned by Dhingra.com. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Dhingra.com Service, or any of the material which is found on the Dhingra.com Service, unless properly licensed to do so by (a) us, and (b) where material contributed by one or more Members is concerned, by the Member(s) in question.
By submitting any material to the Dhingra.com Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material solely in the course of its processing and display on and through the Dhingra.com Service in accordance with this Agreement; and
- agree that you are the controller of that material for the purposes of privacy and data protection laws.
17 Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Dhingra.com will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
18 Maximum liability. Without limiting the preceding Clause, during any period of one year, the aggregate liability of Dhingra.com under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the Full Membership during the relevant period of one year, regardless of the cause or form of action.
19 Non-excluded Liabilities. Nothing in this Agreement limits Dhingra.com's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
20 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Dhingra.com Service.
21 Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Dhingra.com assign or dispose of this Agreement.
23 Changes to this Agreement. Dhingra.com reserves the right to change this Agreement from time to time, and post the new version on the Dhingra.com Service. When we do so, we will notify you of the fact that there are changed terms on the main screen , and the new version of these terms and conditions will take effect, and will govern all Dhingra.com Services and your relationship with Dhingra.com:
- commencing four weeks after the date of posting (or such later date as Dhingra.com indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Dhingra.com Service; or
- immediately upon the date of posting (or such later date as Dhingra.com indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Dhingra.com's addresses or email addresses referred to in this Agreement.
24 Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
25 Law. This Agreement shall be governed by and construed in accordance with the laws of USA and then those of Your Local Country.
26 Keeping this Agreement. We don't separately file the individual Agreements entered into by members when they register for the Dhingra.com Service. You can access it at www.Dhingra.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
27 Contact. You can contact us by email at info@Dhingra.com
make sure you include your email address with all correspondence.