In consideration of the Internet access and services (the "Services") being provided to you by Efofex
Inc., you agree to the terms and conditions of this Customer Use Agreement (the "Agreement").
Permission to access this information is restricted to people who accept the terms of this agreement.
If you do not wish to be bound by these terms and conditions, you may not access or use the
Service. Efofex Inc. may modify this Agreement at any time, and such modifications will be effective
immediately upon posting of the modified Agreement. You agree to review the Agreement
periodically to be aware of such modifications and your continued access or use of the Service will be
deemed your conclusive acceptance of the modified Agreement.
1. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. ALL SERVICES ARE
PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND
UNLESS REQUIRED BY APPLICABLE LAW. Efofex Inc. SPECIFICALLY DISCLAIMS ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT WILL Efofex Inc. BE LIABLE FOR ANY LOSS, LOSS
OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA
RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND
ALL SERVICES INTERRUPTIONS CAUSED BY Efofex Inc. PARTIES OR YOUR ERRORS
OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND
RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND
WHETHER KNOWN ON UNKNOWN, AGAINST Efofex Inc. AND ITS SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE "Efofex Inc.
PARTIES") FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY
Efofex Inc. PARTIES AND/OR YOUR USE OF THE SERVICES. IF THIS WAIVER AND
RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY
OF Efofex Inc. PARTIES, INCLUDING ALL ATTORNEY'S FEES AND COSTS, WILL NOT
EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING
AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY Efofex Inc. OR ITS
AFFILIATES) FOR THE ONE MONTH PRECEDING Efofex Inc.'S RECEIPT OF WRITTEN
NOTICE OF YOUR CLAIM.
2. You agree to protect and indemnify Efofex Inc. against any and all liability, loss or expense
arising from claims of libel, unfair competition, unfair trademarks, trade names or patents,
violations of rights of privacy and infringement of copyrights and property rights resulting from
your use of the access and other services provided by Efofex Inc..
3. You agree that your username and password and changes to both of these items are your
responsibility.
4. Efofex Inc. reserves the right to take whatever actions we deem appropriate to enforce these
policies. Efofex Inc. also reserves the right to change these policies without prior notice at any
time. The actions Efofex Inc. takes may include account suspension or termination. Efofex
Inc. reserves the right to refuse service to anyone at anytime for any reason.
5. You understand that the services provided by Efofex Inc. may be interrupted for several
reasons. These include, but are not limited to, malfunctions, maintenance, and improvement
or as required to protect network resources in the event of malfunctions or misuse.You
understand that it may not be possible for you to receive advance notice of any such
interruption of service. Efofex Inc. will not be liable for any delay in or failure to perform the
services caused by circumstances beyond its control such as those occasioned by other
companies or organizations, acts of God or other causes, or which it could not have
reasonably foreseen or any other cause, which similarly impedes the providing of service.
6. You agree that this service is governed by the Laws of the Mumbai jurisdiction. You agree that
the Mumbai will be the forum for any legal action relating to the services provided.
7. Any Internet activity, which references back to Efofex Inc. or its services in a damaging
manner, will result in suspension or termination of account(s). Illegal Internet activity using or
referencing to Efofex Inc. or an account or services provided by Efofex Inc. will result in
immediate termination, possible prosecution, and assessment of legal fees accrued.
8. Impersonating another user or otherwise falsifying one's user name in e-mail or any post to
any newsgroup or mailing list is strictly prohibited. You will be held liable for any and all costs
incurred by Efofex Inc. as a result of your violation of these terms and conditions.
9. It in the event of any such litigation, the prevailing party will be entitled to collect its reasonable
attorneys' fees and litigation expenses, from the non-prevailing party. In no event will Efofex
Inc. be liable to any party for any claim attributable to errors, omissions, or other inaccuracies
in the materials or information available on or through our pages