DISCLAIMER OF WARRANTIES

You agree that use of the Site is entirely at your own risk, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OMS does not make any representations or warranties that the Site or content on the Site or products and services offered at or through the Site will meet your requirements or expectations, or that the operation of the Site will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you. The entire content of this Site is only for general information or use. It does not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by OMS or this website.

You specifically agree that http://www.timesmedianet.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an http://www.timesmedianet.com Site/service. You specifically agree that http://www.timesmedianet.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of anothers rights, including intellectual property rights. You specifically agree that http://www.timesmedianet.com is not responsible for any content sent using and/or included in an http://www.timesmedianet.com site/service by any third party.

REPRESENTATION AND WARRANTY

Optimal Media Solutions Ltd and its parent, affiliates and associates shall not be liable at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its content, or from any action taken (or refrained from being taken) as a result of using the Site or its content or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are being made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

Certain links on the Site lead to resources located on sites and servers maintained by third parties over whom OMS Online has no control or connection, business or otherwise. These sites are external to OMS Online and while visiting these, you are outside the OMS website and its channels. OMS neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visiting and transacting on these sites.

The current OMS website also includes online versions of news and feature articles published in the various supplements of Times of India. Much of this content would be available in the Press Clippings section of the website. This section may contain photographs, captions and text that we might be otherwise unable to carry in print. These news articles and features are accepted by OMS from its clients in good faith and OMS accepts no responsibility whatsoever regarding the bonafides of the Clients and the information provided by them.

OMS Online hereby specifically disclaims any representations or warranties, including, without limitation, all implied representations and warranties, with respect to all material, content, services, and deliverables delivered or furnished by such party. Without limiting the generality of the foregoing, each party specifically disclaims any and all implied warranties of fitness for a particular purpose, merchantability, title and non-infringement. All services are provided "as-is."

In no event shall OMS be responsible for any alleged loss of profits, damages or other expenses alleged to have been incurred by the User in connection with services provided under this Agreement. Any claim in this respect is expressly waived by the User.

OMS shall not be liable for any delay or inability to use the http://www.timesmedianet.com services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the http://www.timesmedianet.com sites’ services, or otherwise arising out of the use of the http://www.timesmedianet.com sites’ services, whether based on contract, tort, negligence, strict liability or otherwise, even if http://www.timesmedianet.com or any of its partners/associates/suppliers has been advised of the possibility of damages. http://www.timesmedianet.com does not endorse in anyway any advertisers/contents of advertisers on its web pages. Please therefore verify the veracity of all information on your own before undertaking reliance and actioning thereupon. http://www.timesmedianet.com shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement.

LIMITATION OF LIABILITY

You agree that OMS will not be held liable for any improper or incorrect use of the Site or the materials on the Site and assumes no responsibility for any users activities on the Site or for the inaccuracy of any content on the Site. In no event will OMS be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, arising in any way out of the use of (or inability to use) the Site or the materials on the Site or the inaccuracy of any content on the Site, however caused, under any theory of liability. This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses or bugs, communication line failure, theft, destruction or alteration of or unauthorized access to the Site or materials on the Site.

No warranty, expressed or implied, is given as to the accuracy, completeness or timeliness of any information herein, or for obtaining legal advice. To the fullest extent permissible pursuant to applicable law, neither the author nor any other parties who have been involved in the creation, preparation, posting, or delivering of this web site assume responsibility for the completeness, accuracy, timeliness, errors or omissions of said information and assume no liability for any direct, incidental, consequential, indirect, or punitive damages as well as any circumstance for any complication, injuries, side effects or other medical accidents to person or property arising from or in connection with the use or reliance upon any information contained herein or pages linked there from.

The entire risk as to the use of this Web site is assumed by the user.

The individual documents provided on this Web Site are copyrighted by the Website and their authors. All site design, text, graphics, interfaces, and the selection and arrangements thereof are copyrighted by OMS and their authors. Permission to reprint, copy, download, save, electronically reproduce, or utilize any document, site design, text, graphics, interfaces, and the selection and arrangements thereof on this Web site, in part or in whole, is expressly prohibited. The unauthorized alteration of the content of this Web site is expressly prohibited. The Website, its owners, agents and representatives shall not be responsible for any claims, actions, or damages which may arise on account of the unauthorized alteration of this Web site.

LEGAL ISSUES

Any legal controversy or legal claim arising out of or relating to this Website or this Document be settled through arbitration in accordance with the Arbitration and Conciliation Act, 1996 and shall be in the English language. The dispute shall be referred to arbitration of a sole arbitrator to be appointed by the parties or in case of disagreement as to the appointment of the sole arbitrator to a panel of arbitrators with each Party nominating one arbitrator and the arbitrators so appointed appointing one arbitrator. The place of the arbitration shall be at New Delhi.

The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any dispute arising under this agreement.

Conclusion

By using this Web site, you signify your assent to these terms and conditions of use. If you do not agree to these terms and conditions of use, please refrain from using this web site. If any provision of these terms and conditions of use shall be determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability or any remaining provisions.