Terms of Use/Service

The company hereby offers you access to information primarily about certain products & services, including, but not restricted to, product/services comparison blogs, regular blogs and viral stories of categories like Finance, Real Estate, E Commerce, Automobile, Education, Fashion, Lifestyle Sports, Gaming, Etc.. We work with brands to advertise their products & services on our platform. The above-mentioned services are provided on a commercially reasonable effort basis, and you agree that your participation in availing the above-mentioned services is purely at your will and consent.

Your continued usage of the Services from time to time would also constitute acceptance of the TOU, including any updation or modification thereof, and you would be bound by this Agreement until this Agreement is terminated as per the provisions defined herein.

You agree to receive communications through emails, telephone and/or SMS, from the company or its third-party vendors/business partners/ marketing affiliates regarding the service updates, information/promotional emails and/or product announcements. In this context, you agree and consent to receive all communications at the mobile number provided by you, even if this mobile number is registered under the DND/NCPR list under TRAI regulations.

The company will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing services and ancillary services.

You acknowledge and agree that the company owns all legal rights, titles, and interests in and to the services, including any intellectual property rights that subsist in the services (whether those rights are registered or not). You further acknowledge that the Services may contain information that is designated confidential by the company and that you shall not disclose such information without the company's prior written consent. The contents of the website, including its "look and feel" (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software, and other material, are owned/licenced by the company and/or its third-party service providers/their licensors and are duly protected by them under applicable copyright, trademark, and other laws.

The company grants you a limited licence to access and make use of the website and the services. This licence does not include any downloading or copying of any kind of information for the benefit of another individual, vendor, or any other third party or to create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code; sell; assign; sublicence; grant a security interest in; or otherwise transfer any right in the services. Any unauthorised use by you shall terminate the permission or licence granted to you.

By using the Website you agree not to:

1. use this Website or its contents for any commercial purpose;
2. make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
3. access, monitor or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
4. violate the restrictions in any robot exclusion headers on this Website or bypass or restrict or circumvent other measures employed to prevent or limit access to this Website;
5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6. deep-link to any portion of this Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

In consideration of your use of the Website and registering with us, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdictions and will only use the Website to make legitimate purchases for you or for another person for whom you are legally authorised to act (and will inform such other persons about the TOU and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto).

You agree and understand that you are solely responsible for maintaining the confidentiality of your password, which, together with your login ID (as may be applicable under the service selected), allows you to access the service. That login ID and password, together with any mobile number or other contact information you provide, form your "Registration Information.

You agree that you are responsible for maintaining the confidentiality of your login ID and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your account or password. Because of this, we strongly recommend that you exit/log out of your account at the end of each session. You agree to notify the company immediately of any unauthorised use of your account or any other breach of security. You further agree that the company shall not be liable for any unauthorised use or access unless it is proved that the unauthorised use or access occurred solely due to reasons directly attributable to the company.

You shall provide true, accurate, current, and complete information about yourself and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of services through the company. You agree not to misrepresent your identity, nor will you attempt to gain an unlawful access to the website or use of the services. Additional terms and conditions will apply to your purchase of services that you select. Please read these additional terms and conditions carefully.

You declare and confirm that you are a resident of India, above 18 (eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the services offered by the company.

This website may provide links to other websites or resources. Since the company has no control over such third-party websites and resources, you acknowledge and agree that the company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.

Your interaction with any third party accessed through the website is at your own risk, and the company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.

You expressly understand and agree that your use of the Services and all information, products, other services, and other content (including that of the third parties) included in or accessible from the Website is at your sole risk. The services are provided on an "as is" and "as available" basis. The company makes no representations, warranties, or guarantees, express or implied, regarding the accuracy, reliability, or completeness of the content on the website or of the services (whether or not sponsored by third-party service providers) and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. The company expressly disclaims all warranties of any kind as to the services and all information, products, services, and other content (including that of the third parties) included in or accessible from the services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The company and its service providers, affiliates, and business partners make no warranty that:

1. the services will meet your requirements,
2. the services will be uninterrupted, timely, secure, or error-free
3. the results that may be obtained from the use of the services will be accurate or reliable
4. the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and
5. any errors in the technology will be corrected

The company does not charge any registration/membership, or browsing fees. However, the company reserves the absolute right to charge any fee for registration/membership or browsing fee at any time. All such fees that the Company may charge will be intimated to the users, and such change shall automatically become effective immediately after they are posted on the website. All such fees charged by the company shall be in Indian Rupees. Your continued use of the company shall be deemed as an acceptance of the amended terms of the TOU.

You expressly understand and agree that your use of the Services and all information, products, other services, and other content (including that of the third parties) included in or accessible from the Website is at your sole risk. The services are provided on an "as is" and "as available" basis. The company makes no representations, warranties, or guarantees, express or implied, regarding the accuracy, reliability, or completeness of the content on the website or of the services (whether or not sponsored by third-party service providers) and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. The company expressly disclaims all warranties of any kind as to the services and all information, products, services, and other content (including that of the third parties) included in or accessible from the services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Notwithstanding the above, if the Company is found liable for any proven and actual loss or damage that arises out of or is in any way connected with any of the occurrences described above, then you agree that the liability of the company shall be restricted to, in the aggregate, any service/transactional fees paid by you to the company in connection with such transaction(s)/services on this website, if applicable. T

The company has no control over the third-party websites that would be provided to you through its website. You acknowledge and agree that under no circumstances shall the Company be liable for your use of the services offered or provided by any third-party service provider.

The Site / Mobile Application may provide users with the ability to send email messages to other users and non-users and to post messages on the Site/Mobile Application. Top 5 Shots is under no obligation to review any messages, information, or content ("Postings") posted on the Site/Mobile Application by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Top 5 Shots may from time to time monitor the postings on the site/mobile application and may decline to accept and/or remove any email or postings. You understand and agree that you shall not to use any functionality provided by the Site / Mobile Application to post content or initiate communications or host, display, upload, modify, publish, transmit, store, update or share any information that contain:

1. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law for the time being in force or is defamatory, obscene, pornographic, paedopholic, invasive of another privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
2. Advertisements or solicitations of any kind;
3. Impersonate others or provide any kind of false information or belongs to another person and to which the user does not have any right;
4. Personal information such as messages that state phone numbers, account numbers, addresses, or employer references.
5. Messages by non-spokesperson employees of Top 5 Shots purporting to speak on behalf of Top 5 shots or containing confidential information or expressing opinions concerning Top 5 shots
6. Messages that offer unauthorized downloads of any copyrighted or private information or infringes any patent, trademark, copyright, or other proprietary rights;
7. Multiple messages placed within individual folders by the same user restating the same point;
8. Chain letters of any kind;
9. Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message,
10. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
11. impersonates another person;
12. is harmful to children.
13. 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; prevents investigation of any offence; or is insulting another nation; (xiv) contains a software virus or any other computer code, file, or programme designed to interrupt, destroy, or limit the functionality of any computer resource; or
14. is patently false and untrue and is written or published in any form with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

You agree to indemnify and hold the company (and its affiliates, officers, directors, agents, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this TOU, your violation of any law or the rights of a third party, or your use of the website.

You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally, and entirely release, waive, and forever discharge the Company, its officers, directors, employees, agents, licensees, affiliates, successors, and assigns, jointly and individually (hereinafter "Release"), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs, and expenses (including court costs and reasonable attorney fees) ("Losses"), whatsoever, in law or equity, whether known or unknown, that you ever had, now have, or in the future may have against the Release with respect to the Services. You agree to defend, indemnify, and hold harmless the Release from and against any and all losses resulting from claims made against the company by third parties arising from and in connection with this authorisation.

The company reserves the right to make changes to the website, related policies and agreements, this TOU and the privacy policy at any time as it deems fit and proper, including but not limited to complying with changes in law or regulation, correcting inaccuracies, omissions, errors, or ambiguities, reflecting changes in the process flow, scope, and nature of the services and ancillary services, company reorganisation, market practice, or customer requirements. Upon any change, the company will notify you of the updated terms on the website or by other means. Your continued use of the Services constitutes acceptance of the changes and an agreement to be bound by the Terms, as amended. If you do not agree to the changes, you may please discontinue your use of the Services.

You agree not to use the Services and ancillary services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

The company may, from time to time, announce certain offers with the intent to promote its website and/or Services/ ancillary services ("Promotional Offer/s"). The Promotional Offer(s) would always be governed by this TOU plus certain additional terms and conditions, if any are prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these TOU, to the extent they may be in conflict with these Terms. The company reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it at its sole discretion.