TERMS AND CONDITIONSS

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions that require publishing the Terms for access or usage of DUAL ROSE’s service via DUAL ROSE Portal.

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between DUAL ROSE LLP, a Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008 having its registered office at 23/1B, Gobinda Bose Lane,Kolkata-700025 , the owner and operator of www.dualrose.com (the "DUALROSE Site"), the Dual Rose Application Software, including collectively, including all content provided by DUAL ROSE through Dual rose  Application and the Dualrose Site, the "Dualrose Service", or the "Service", and you ("you" or "your" or “we” or “our”) “DUAL ROSE LLP governs your use of the search services offered by DUAL ROSE through its website www.dualrose.com ("Website"), telephone search, SMS, WAP, WHATSAPP or any other medium using which DUAL ROSE may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms"). The Terms of these Service will apply to all the users of the DUALROSE Service.

RIGHT TO MODIFY, CORRECTIONS OR DISCONTINUE SERVICE AND SITE

We do not represent or warrant that the Dual Rose Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Dual Rose Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Dual Rose Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. Dual Rose reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. Dual Rose shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.

Dual Rose may revise these terms of use for its sites at any time without notice. These terms of use may be updated at any time and/or each time a social networking site updates their terms of use.  By using these sites you are agreeing to be bound by the then current version of these terms of use. Any modifications to these terms shall be effective as of the date posted. We encourage you to periodically review these terms.

 

 

USE LIMITATIONS AND GUIDELINES

We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.

While every attempt has been made to ascertain the authenticity of the Platforms content, DUAL ROSE is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.

Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to DUAL ROSE. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. You also agree that your activities on our sites will not violate any applicable law, regulation or terms of any existing agreements you may have with Dual Food. You may not reproduce, duplicate, copy, sell, resell, or exploit, for any commercial purposes, any portion of our sites or access to our sites. Any unauthorized use of our sites or misuse of any information posted to a site is strictly prohibited. Your use of our sites is subject to the following guidelines:

-You agree that you are responsible for any content that you submit to our sites, including comments, photographs and other media.

-Posting Content to Our sites:

-Stay relevant – stay on topic with relevant information that others may find useful.

-Be respectful – maintain a friendly environment.

-Do not post material that is inappropriate or that could reasonably be deemed defamatory, offensive or obscene.

-No investment advice – do not post recommendations and/or advice about specific securities, products, or services.

-Do not use these online spaces for illegal purposes or to breach any laws.

-Do not harass, cause distress or inconvenience to, or infringe the rights of, another person.

-Do not try to access administrator areas, features or functions of our sites without authorization.

-Do not submit anything to our sites that will or may violate the rights of a third party, including but not limited to copyright, trademark, and/or privacy rights. 

-Do not use our sites or content on them in any way not permitted by these terms.

-You agree that you shall not place false or misleading information on our sites or upload any computer programs—including but not limited to viruses—that may interfere with the proper operation of our sites.

We reserve the right to remove comments and/or posts. We also reserve the right to restrict users who don’t follow these guidelines, have online pages containing offensive material and/content, or for any other reason.

By posting any content on any site, you grant to Dual Rose the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use such content for any purpose, in any form, and on any media.

Our sites are intended solely for individuals who are of age 18 or older. Any access to or use of our sites by anyone under 18 is unauthorized, unlicensed, and in violation of these terms. By accessing or using our sites, you represent and warrant that you are 18 or older.

INTELLECTUAL PROPERTY RIGHTS

The Dual Rose names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights (and other intellectual property rights of any nature in the Application) together with the underlying software code in the App ("Intellectual Property") is owned by and used under license by Dual Rose or its affiliates. All other Intellectual Properties herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use Just Dial's Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Dual Rose.

For removal of doubts, it is clarified that, by accepting theses terms, you hereby waive and grant to Dual Rose all rights including intellectual property rights and also "moral rights" in the Reviews, Ratings and Comments posted by you at Dual Rose through any of mediums of Dual Rose and that Dual Rose is free to use all such Review, Ratings and Comments as per its (Dualrose's) requirements from time to time. You are not authorized to use any DUAL ROSE name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of DUAL ROSE. Requests for authorization should be made to admin@dualrose.com.

WARRANTY

The material and the media used to provide the material (including the website ) are provided "as is" and "as available" without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Dual rose disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the media and materials. Dual rose does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Dual rose disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the media. Some countries or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from country to country and jurisdiction to jurisdiction. In no event shall dual rose be liable to any user on account of such user's use, misuse or reliance on the media for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if justdial is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the media or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any media. Dual rose does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the media or other material accessible from the media. The user of the media assumes all responsibility and risk for the use of this media. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.

HOW WE MAY USE INFORMATION YOU PROVIDE TO US

 Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

 

 

REVIEWS, RATINGS & COMMENTS:

 

Customer reviews are an integral part of the customer service experience on Dual Rose, Service Receivers use these reviews to learn more about the Service, assess whether it fits their needs, and make an informed Service decision. Service Receiver reviews also help Service Provider understand the customers’ sentiment about their Services, what Service or aspects of the Service customers like, and what areas need improvements. Reviews also provide Service providers with ideas on how to improve their Service. For Service Receiver reviews to continue to provide these benefits to Service Receiver and Service Provider, they have to remain an authentic reflection of Service Receiver's experiences with the Service.

Dual Rose has specific policies that are meant to protect the authenticity of Service Receiver Reviews, and we ask you to comply with these policies and report any violations you might notice. We have provided links to our policy pages below. Note that Dual Rose has a zero-tolerance policy towards any customer reviews violations. If we detect any attempts to manipulate Service Receiver reviews, we take immediate actions that include, but are not limited to:

 

1) Immediate and permanent withdrawal of the Service Provider's  Servicing privileges on Dual Rose and withholding of funds.

2) The removal of all the Services reviews and preventing the Service from receiving future reviews or ratings.

3) Permanent delisting of the Service from Dual Rose

4) Legal action against the Service Provider, including lawsuits and referral to civil and criminal enforcement authorities.

5) Disclosing the Service Provider's name and other related information publicly.

 

We strongly urge you to thoroughly review Dual Rose Service Receiver Reviews policies and immediately correct any violating actions. You must educate your business partners, employees, and any 3rd party partners you work with about these policies as well. Any infractions by your business partners, employees, or 3rd party agencies will result in enforcement actions, even if they happened without your knowledge or consent.

 

 

 

 

 

REVIEWS, RATINGS & COMMENTS BY USERS POLICY:

Since, Dual Rose provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the Dual Rose services and also about the Advertiser's listed at Dual Rose is subject to additional terms and conditions as mentioned herein.

You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by Dual Rose and any materials you add to the Site or add to any mediums offered by Dual Rose, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). Dual Rose does not endorse or accept any of your Communication as representative of their (Dual Rose) views. By transmitting any public Communication to the Site, you grant Dual Rose an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sub license) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.

You confirm and warrant that you have the right to grant these rights to Dual Rose . You hereby waive and grant to Dual Rose all rights including intellectual property rights and also "moral rights" in your Communications, posted at Dual Rose through any of mediums of Dual Rose. Dual Rose is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also Dual Rose reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.

Dual Rose has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Dual Rose cannot review all Communications made on and through any of the mediums of Dual Rose. However, Dual Rose reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Dual Rose in its sole discretion deems inappropriate, offensive or contrary to any Dual Rose policy, or that violate this terms:

Dual Rose reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which

i.is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;

ii.constitutes or contains false or misleading indications of origin or statements of fact;

iii.slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

iv.causes injury of any kind to any person or entity;

v.infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;

vi.violates any applicable laws, rules, or regulations;

vii.contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

viii.impersonates another person or entity, or that collects or uses any information about Site visitors.

It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then Dual Rose reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Dual Rose against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments Dual Rose takes no responsibility and assumes no liability for any content posted by you or any third party on Dual Rose site or on any mediums of Dual Rose.

You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of Dual Rose.

You are solely responsible for “Comment” or " Remark"  you upload, post, transmit, or otherwise make available to others using this Web Site. Under Your circumstances will "Dual Rose" not be liable in any way for any “Comment” or "Remark" posted on or made available through this Site by you or any third party.

 

Dual Rose does not verify any information posted to or communicated via the “Comments” sections of the Site by users and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that Dual Rose does not assume, and shall not have, any responsibility for the content of messages or other communications sent or received by users of the Site.

 

 When submitting a “Comment”,  you will be asked to provide your name and your email address. While Dual Rose does not object to your use of a pseudonym instead of your actual name, Dual Rose reserves the right, but not the obligation, to reject, change, disallow, or discontinue at any time any submission name that, in DUAL ROSE Role unfettered discretion, is objectionable or inappropriate for any reason. Dual Rose requires the submission of your email address, but Dual Rose warrants that it will not intentionally publish your email address to an outside third party, apart from Dual Rose's affiliates or subcontractors, without your consent.

 

PRIVACY POLICY

DUAL ROSE is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. Do not send or post personal information via our social media sites. Never disclose any financial or personal information on any Dual Rose social media site or other website. Dual Rose will never ask you for your Social Security number, account information, passwords, PINs or other personally identifiable information via social media or email. You acknowledge that you assume all responsibility related to the security, privacy and risks inherent in sending any content over the Internet.  To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY

CONTENT DISCLAIMER

We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.

We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.

We reserve the right to change, update or terminate the Website and Content or any part of them at any time in our absolute discretion, without notice or liability to you.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and DUAL ROSE will at no point of time be responsible for the accuracy or correctness of such information. DUAL ROSE reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).

DUAL ROSE also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.

While every attempt has been made to ascertain the authenticity of the content in the Platforms, DUAL ROSE is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.

WARRANTY DISCLAIMER

Please remember that any provider of goods or services is entitled to register with DUAL ROSE. DUAL ROSE does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. DUAL ROSE has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings(Outside of DualRose), and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.

Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. DUAL ROSE disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.

The material and the platforms used to provide the material (including the website ) are provided "as is" and "as available" without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Dual rose disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the platforms and materials. Dual rose does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.

Dual rose disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the platforms some countries or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from country to country and jurisdiction to jurisdiction.

DISCLAIMER

The materials on Dual Rose sites are provided “as is.” Dual Rose makes no warranties, expressed or implied, and hereby disclaims and negates all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. Further, Dual Rose does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its sites or otherwise relating to such materials or on any sites linked to these sites. Dual Rose does not guarantee that our sites will be without errors or viruses, or that any site defects will be corrected, even if Dual Rose is aware of them.  The information and content provided on our sites, including without limitation text, graphics and images, are for informational purposes only, not as an offer to sell or the solicitation for the purchase of stock of Dual Rose, or any other issuer or company. Dual Rose is not responsible for any content posted by users, including posts made by employees or agents who are not authorized administrators of our sites. Content posted by others is not edited by Dual Rose and does not necessarily represent the views or positions of Dual Rose. Dual Rose is not liable for the acts or omissions of third party service providers or hosts of the sites.

ADDITIONAL DISCLAIMER

Users using any of DUAL ROSE service across the following mediums i.e. through internet i.e www.dualrose.com Website, SMS, Mobile , WhatsApp or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with DUAL ROSE.

All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bona fides of the Advertiser/s and DUAL ROSE does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with DUAL ROSE .Further, DUAL ROSE is not at all responsible for any act of Advertiser/s listed at DUAL ROSE.

LIMITATION

The use of our sites is entirely at your own risk, and in no event shall Dual Rose, its affiliates or its suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties, or liabilities (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of or relating to our sites, your use or inability to use the content on our sites, even if Dual Rose has been notified orally or in writing of the possibility of such damage.  Your sole and exclusive remedy for dissatisfaction with our sites is to stop using our sites. Dual Rose will not be responsible in any way for loss or damage that results from your failure to comply with these terms or other applicable guidelines, or from any technical, human or software errors or failures found within our sites. Dual Rose may use third party providers in providing our sites. Dual Rose is not liable for the acts or omissions of any such third party service providers. Users must comply with any third party provider’s terms.

THIRD PARTY SITES

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms . We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.

MONITORING OF MATERIALS TRANSMITTED BY YOU

Changes may be periodically incorporated into the Platforms. DUAL ROSE may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms . However, anyone using the Platforms agrees that DUAL ROSE may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. DUAL ROSE reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.

DUAL ROSE will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. DUAL ROSE reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of DUAL ROSE, may be, defamatory, infringing or violate of applicable law. DUAL ROSE reserves the right to exclude Material from the Platforms. Materials submitted to DUAL ROSE for publication on the Platforms may be edited for length, clarity and/or consistency with DUAL ROSE's editorial standards.

INDEMNIFICATION

You agree to indemnify and hold us and (as applicable) our, affiliates, officers, directors/ Designated partners, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

Force Majeure

In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.

DUAL ROSE shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by technical issue, server malfunction, war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of DUAL ROSE, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

Notwithstanding anything to the contrary in this Agreement, DUAL ROSE shall not be liable for any delay in the performance or any non-performance of any of its obligations hereunder (and shall not be liable for any loss or damages caused thereby) where the same is occasioned by any cause whatsoever that is beyond its control including but not limited to an Act of God, war, civil disturbance, requisitioning, governmental or parliamentary restrictions, technical failure, defect in connectivity, loss of interconnectivity due to reasons beyond its control, prohibitions or enactment’s of any kind, of regulations, exchange control regulations, fire or accident, earthquakes, shipwrecks etc..

Arbitration

Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 to be adjudicated by a sole arbitrator to be appointed, at the sole discretion, by DUAL ROSE. Arbitration shall be held at Kolkata, India. The proceeding of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The parties irrevocably agree that the Agreement shall be governed by and construed in accordance with the laws of India and the courts of Kolkata, India, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.

SYSTEM COMPLAINTS AND DISPUTE RESOLUTION

For addressing of disputes/complaints you can email to us at admin@dualrose.com, with brief details of your complaint. Our customer service staff will acknowledge and redress your complaint on best effort basis.

Notices

All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address or e-mail address specified on the Order for the recipient of such notice.

Entire Agreement

These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous all kind of communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.

MISCELLANEOUS

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and DUAL ROSE. DUAL ROSE reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. DUAL ROSE reserves the right to seek all remedies available at law and in equity for violations of these Terms.

 

GENERAL INFORMATION

1. Saving and Accessing Information: DUAL ROSE or DR may save on DUAL ROSE servers the conversations and other information that you provide when using DR. Your use of DR constitutes your consent to allow DUAL ROSE to store these communications and other information on its servers for back up, security and all other purposes set forth in this Terms of Use. You are solely responsible for the content that you use or store in connection with DR. Except as set forth herein, you acknowledge and agree that DUAL ROSE does not guarantee that data associated with your account will be accessible to you, or that any data deleted, removed or rendered inaccessible can be provided to you.
2. Assignment: These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DUAL ROSE without restriction.
3. International Use: DR is controlled and operated from or within India. DUAL ROSE makes no representation that DR is appropriate or available in locations outside of India. Those who choose to access DR from other locations do so at their own risk and are responsible for compliance with applicable laws.
4. Choice of Law and Forum: The substantive law of India governs the interpretation of this Terms of Use and applies to all claims related to it, regardless of conflict of laws principles. You and DUAL ROSE irrevocably consent to the exclusive jurisdiction and venue of the courts located in Kolkata, West Bengal, in India for all disputes arising out of or relating to this Terms of Use or arising out of or relating to the relationship between you and DUAL ROSE regardless of the type of claim.

Registration and profile related data to upload and register whole and sole responsibility of Advertiser or service provider. All the data which are uploaded by service provider like NAME, PHONE NUMBER, EMAIL ID, WORK RELATED DESCRIPTION AND ID PROOF are whole and sole responsibility of Service provider to keep safe and by your (service provider or adviser’s) wish only you are registering into DUALROSE. By any reason if data loss or theft like caused by technical issue, server malfunction, war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of DUAL ROSE, DUALROSE is not responsible for it.DUALROSE only giving you the platform to facilate you with dual activity related service to end-user or customers.

DUALROSE does not verify the service provided by advertisers or service providers are dual activity or dual skill or opportunity cost purpose or for any other reason or not. Even though it is for dual activity but we do not check each and every customer data whether that is dual activity or not. Therefore DUALROSE not responsible for any activity categorization purpose, it is whole and sole responsibility of Advertiser of service provider.

DUALROSE provide service for dual activity even though it is not checked by DUALROSE. It is customers or end-users or service taker’s own risk and responsibility to take care of it when they are going to take service from DUALROSE.