TERMS OF SERVICE
Last Revision: 2nd February,2022
We reserve the right to change this Agreement from time to time with/without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE/APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement includes and incorporates by this reference, the policies and guidelines referred below. Noob Community Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website/Application. Noob Community Private Limited will/will not alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website/Application. Your use of the Website/Application following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Noob Community Private Limited encourages you to review this Agreement whenever you visit the Website/Application to make sure that you understand the terms and conditions. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Noob Community Private Limited for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website/Application.
Responsible Use And Conduct
In order to access our Resources/ , you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources/ . Accordingly, you are responsible for all activities that occur under your accounts.
Accessing (or attempting to access) any of our Resources/ by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources/ through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources/ , including the servers and/or networks to which our Resources / are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources / is strictly prohibited.
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
Unless you notify our third party call center representatives or direct Noob Community Private Limited sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Noob Community Private Limited and its designated in house or third party call team(s).
Opt Out Procedure:
We provide 3 easy ways to opt out of from future solicitations -
You may use the opt out link found in any email solicitation that you may receive.
You may also choose to opt out, via sending your email address to: [opt-out email].
You may send a written removal request to Noob Community Private Limited sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Noob Community Private Limited.
Noob Community Private Limited has proprietary rights . Noob Community Private Limited also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Content, Intellectual Property, Third Party Links:
This Website/Application also offers information, both directly and through indirect links to third-party websites, about (kind of information). Noob Community Private Limited does not always create the information offered on this Website/Application; instead the information is often gathered from other sources. To the extent that Noob Community Private Limited does create the content on this Website/Application, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website/Application is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Noob Community Private Limited does not endorse the contents on any such third-party websites. Noob Community Private Limited is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website/Application:
Noob Community Private Limited is not responsible for any damages resulting from use of this Website/Application by anyone. You will not use the Website/Application for illegal purposes.
You will -
abide by all applicable local, state, national, and international laws and regulations in your use of the Website/Application (including laws regarding intellectual property),
not interfere with or disrupt the use and enjoyment of the Website/Application by other users,
not resell material on the Website/Application,
not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and
not defame, harass, abuse, or disrupt other users of the Website/Application.
By using this Website/Application, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website/Application in connection with your normal, non-commercial use of the Website/Application. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Noob Community Private Limited or the applicable third party (if third party content is at issue).
We may provide various open communication tools on our Website/Application, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website/Application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
contains any type of unauthorized or unsolicited advertising;
impersonates any person or entity, including any https://www.noobcommunity.live//Noob Community Private Limited employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
You agree to indemnify and hold harmless https://www.noobcommunity.live/ a digital property of Noob Community Private Limited and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
By posting, storing, or transmitting any content on the Website/Application, you hereby grant Noob Community Private Limited a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Noob Community Private Limited does not have the ability to control the nature of the user-generated content offered through the Website/Application. You are solely responsible for your interactions with other users of the Website/Application and any content you post. Noob Community Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. Noob Community Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the Website/Application and to remove any content Noob Community Private Limited deems objectionable, in Noob Community Private Limited's sole discretion.
Payments,Billing & Refunds:
Opening an Account and general use of the Platform is free for all Users.Content Creators may at their sole discretion offer paywalled access to their communities and select services which can only be availed after the amount as decided by the creator has been paid.
The Company may charge a service fee for availing the Services and such fee will be determined by the Company from time to time.
All prices quoted for the Creator’s Services are subject to change until the completion of the transaction.
The Company does not, whether directly or indirectly, influence the prices mentioned by the Creators for the Creator’s Services. The pricing shown for the Creator’s Services are solely decided by the Creators and the Company is not, shall not and cannot be held liable for any issues arising out of such pricing. It is hereby expressly provided that any discounts and/or refunds offered to you pursuant to your use of the Platform is solely provided by the Creator and in case of any non-compliance pursuant to a transaction, the Company shall not be held liable for the same.
All prices are subject to modification/change from time to time at the sole discretion of the Creators and shall be effective from the moment such revised prices are posted on this Platform. It shall be the User’s responsibility to remain informed about the then current prices for the Creator’s Services.
While the Company strives to provide accurate pricing information, the pricing of any Creator’s Services as reflected on the Platform may, due to some technical issue, typographical error, or erroneous information published by the Creator, or due to some other reason, be incorrectly reflected and in such an event, the Creator and on its behalf, the Company may cancel any transaction made by a User for the Creator Services.
The procedure adopted for payments to the Company is as follows. You will have to make a payment of the prescribed price in order to confirm your purchase of the relevant Creator’s Services.
You hereby understand, acknowledge, and agree that any payment made by you for any Creator’s Services to the Company is received by the Company on behalf of the relevant Creator, and in the event of the completion of a Transaction, the said amount is released to the Creator.
The Subscriber shall be liable for all applicable taxes with respect to the Creator’s Services and this shall be in addition to the prices offered by the Creator.
Payments for the Creator’s Services may also be made through an electronic and automated collection and remittance service (the “Payment Gateway”) hosted on the Platform through payment gateway service providers. The Payment Gateway service is provided to you in order to facilitate your purchase of a Creator’s Service. The processing of payment may be subject to the terms, conditions, and privacy policies of the payment gateway service providers (“Payment Gateway Service Provider”) in addition to these Terms. The terms of your payment may also be determined by agreements between you and the financial institution, card issuer or other provider of your chosen payment method. By choosing to use the Platform, you agree to pay us all charges at the prices then in effect for any use of the Services in accordance with the applicable payment terms. In addition to that, you shall also be liable to pay all charges payable by you to your bank, financial institution, card issuer or other provider of your chosen payment method and the Payment Gateway for making the purchase. You represent that you have the legal right to use any payment method that you use to remit any amount to us.
The Company makes no representation of any kind, express or implied, as to the operation of the Payment Gateway. The Company is not responsible for any errors by the Payment Gateway Service Provider. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The Company assumes no liability whatsoever for any monetary or other damages suffered by you on account of: (i) access to, use of, or reliance on the Payment Gateway services; (ii) the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway; (iii) any interruption or errors in the operation of the Payment Gateway; or (iv) any excess payment made by you. Further, you expressly agree that your use of the Payment Gateway is entirely at your own risk. The Company does not collect and store any payment and other details provided by you for transacting through the Payment Gateway. You agree, understand, and confirm that personal data including without limitation details relating to debit card/ credit card transmitted over the internet is susceptible to misuse, theft and/or fraud and that the Company has no control over such matters. The Company does not represent or guarantee that the use of the Payment Gateway will not result in theft and/or unauthorized use of data over the internet.
The records of the Company and/or the Payment Gateway Service Provider, generated by the transaction arising out of the use of the Services, including the time the transaction is recorded, shall be conclusive proof of the genuineness and accuracy of the transaction. The details provided by you for use of the Payment Gateway Service Provider will be correct and accurate and you shall not use a debit/credit card net banking which is not lawfully owned by you. You further agree and undertake to provide correct and valid debit/credit card/net banking details. In default of the above conditions, the Company or the Partner reserves the right to initiate any legal action for recovery of cost/penalty or any other measures, as it may deem fit.
The Company may, at its discretion, make available to you, such other payment methods, including a simple bank transfer.
While availing any of the payment method/s available on the Platform, the Company will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you.
If you select a Service with an auto renewal feature ("Recurring Subscription"), you authorize Noob Community to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Noob Community is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Noob Community, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., you bank or a payment processor) to continue charging your account as authorized by you.
When you perform a Transaction, legal obligations arise and your right to refund of money is limited by our terms and policies and by the conditions of each relevant Creator. Any payments done by a Subscriber are not refundable. The Company may, after analyzing certain requests, refund all or certain portions of the subscription fee, in its sole and absolute discretion.
Disclaimer of Warranties:
Your use of this website and/or are at your sole risk. The website is offered on an "as is" and "as available" basis. Noob Community Private Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the or website content, or any reliance upon or use of the website content or
Without limiting the generality of the foregoing, Noob Community Private Limited makes no warranty:
that the information provided on this website is accurate, reliable, complete, or timely.
that the links to third-party websites are to information that is accurate, reliable, complete, or timely.
no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation Of Liability
Noob Community Private Limited’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content / and/or for any breach of this agreement is solely limited to the amount you paid
Noob Community Private Limited will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement &/or in any manner, including liabilities resulting from:
the use or the inability to use the website content / ;
the cost of procuring substitute content / ;
any information obtained / purchased or transactions entered into through the website; or
any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
In conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of . https://www.noobcommunity.live//Noob Community Private Limited will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources / , or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
You will release, indemnify, defend and hold harmless Noob Community Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
this Agreement or the breach of your warranties, representations and obligations under this Agreement;
the Website content or your use of the Website content;
any intellectual property or other proprietary right of any person or entity;
your violation of any provision of this Agreement; or
any information or data you supplied to Noob Community Private Limited.
When Noob Community Private Limited is threatened with suit or sued by a third party, Noob Community Private Limited may seek written assurances from you concerning your promise to indemnify Noob Community Private Limited; your failure to provide such assurances may be considered by Noob Community Private Limited to be a material breach of this Agreement. Noob Community Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content / , with the counsel of Noob Community Private Limitedâ€™s choice at its expense. Noob Community Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Noob Community Private Limited against any claim, but you must receive Noob Community Private Limitedâ€™s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website / Application.
Copyrights / Trademarks
Except for content generated and shared by content creators and users on our platform, All content and materials available on our website/application, including but not limited to text, graphics, website/application name, code, images and logos are the intellectual property of Noob Community Private Limited and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Noob Community Private Limited.
Agreement To Be Bound
BY USING THIS WEBSITE/APPLICATION , YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE/APPLICATION.
Force Majeure: Noob Community Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Noob Community Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website/Application.
Entire Agreement: This Agreement comprises the entire agreement between you and Noob Community Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.
This website/Application is controlled by Noob Community Private Limited from our offices located in the state of Gujarat, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Gujarat, India, by accessing our website/application you agree that the statutes and laws of Gujarat, India, without regard to its conflict of law principles to the contrary and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website/application.
Effect of Waiver:
The failure of Noob Community Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
This Website/Application originates from Ahmedabad, Gujarat, India. This Agreement will be governed by the laws of the State of Gujarat, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Gujarat, India without regard to its conflict of law principles to the contrary. Neither you nor Noob Community Private Limited will commence Gujarat), India. This Agreement will be governed by the laws of the State of Gujarat, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Gujarat, India without regard to its conflict of law principles to the contrary. Neither you nor or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Gujarat, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Gujarat, India. By using this Website or ordering , you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
This Website/Application is controlled by Noob Community Private Limited from our offices located in the state of Gujarat, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Gujarat, India, by accessing our website, you agree that the statutes and laws of Gujarat, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website/application.
Furthermore, any action to enforce this User Agreement shall be brought in the courts having jurisdiction over such issue, located in Gujarat, India. You hereby agree to judgement passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections to such courts.
Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website/Application or or this Agreement must be filed within one (1) year after such claim or cause of action arose else be forever barred.
Waiver of Class Action Rights:
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Noob Community Private Limited reserves the right to terminate your access to the Website/Application if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website/Application If your access to the Website/Application is terminated, Noob Community Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website/Application. This Agreement will survive indefinitely unless and until Noob Community Private Limited chooses, in its sole discretion and without advance notice to you, to terminate it.
Noob Community Private Limited makes no representation that the Website/Application is appropriate or available for use in locations outside India. Users who access the Website/Application from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Unless otherwise expressed, Noob Community Private Limited expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness of content / for a particular purpose and non-infringement.
You may not assign your rights and obligations under this Agreement to anyone. Noob Community Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE/APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Noob Community Private Limited
402 Earth Elegance, Sindu Bhavan, Bodakdev,Ahmedabad,Gujarat,380054