(A) TERMS & CONDITIONS – ONLINE PAYMENT GATEWAY

  1. The Shimla Amateur Dramatics Club has installed an online payment gateway on it’s website www.adcshimla1837.com through its bankers ICICI Bank Ltd Shimla (H.P) to facilitate the payment transactions by it’s registered individual members.
  2. The following terms & conditions shall apply to the members of the Club utilizing this facility:-
    1. The member may use this facility for the following purpose:-
      1. Payment of Club monthly subscription and other charges as per Bill raised by the Club. (Half yearly/required basis)
      2. Charging of Smart Cards
      3. Sponsorship of Club events/Party bookings.
      4. Any other financial transaction pertaining to the Club as permitted by Memorandum of Association & Bye Laws of the Club.
    2. Misuse of the facility by any person would make him liable for criminal legal proceedings/ disciplinary action as decided by the Club Management.
    3. User members shall be wholly responsible for any misuse of the facility in their name. All members will be responsible for safeguarding of their respective user name/passwords. For this purpose Members are requested to change their PASSWORDS after every transaction.
    4. All user members shall be solely responsible for any over payment/under payment and incorrect member details linking to the transaction. Part payment of outstanding dues is not acceptable. Queries on payments, if any will be made prior to execution of the transaction.
    5. Intimation of the transaction details may be forwarded to the Club’s office through the ‘FEEDBACK’ link proceeded on the HOMEPAGE of the Club’s website/through which an SMS to the email address of the Club can be made.Following details may be provided:-
      1. Membership Number.
      2. Name of member.
      3. Details or purpose of transaction with reference Bill No/Letter No.
      4. Payment amount.
    6. Receipt of payment will be intimated through e-mail/SMS.
    7. Members will keep the Club office intimated of their latest mobile no/e-mail address/correspondence address.
    8. Refund Policy:- Refund of payments if any, will only be done as per the decision of the menagement/ existing bye laws & rules of the shimla amateur dramatics club on a written request by the member.
  3. Group members desirous of utilizing the online payment gateway will be permitted only after a formal sanction is obtained from the club office by the respective Officer’s Messes/Branches.

These terms & conditions will be read in conjuction with the guidelines/terms & conditions of the payment gateway of ICICI Bank Ltd.

(B) TERMS & CONDITIONS - SHIMLA AMATEUR DRAMATIC CLUB

These Terms and Conditions of Use Agreement (the "Agreement") is between you and SHIMLA AMATEUR DRAMATIC CLUB as “SHIMLA AMATEUR DRAMATIC CLUB” and sets forth the terms and conditions under which SHIMLA AMATEUR DRAMATIC CLUB provides access to content and services at and through www.adcshimla1837.com (the "Site").

ACCEPTANCE OF THE AGREEMENT

Your use of the Site and any services or Content (as defined below) available on or through the Site or through SHIMLA AMATEUR DRAMATIC CLUB, constitutes your acceptance, without modification, of the terms and conditions of this Agreement. By using the Site or any services provided by SHIMLA AMATEUR DRAMATIC CLUB, you represent and agree that you are eighteen (18) years of age or older, are of legal age and capacity to form a binding contract or have the permission and/or legal authorization of your parent or legal guardian to enter into this Agreement, and that you are not a person barred from entering into agreements in and receiving services from the Government of Law. If you do not agree with the terms and conditions of this Agreement, you agree not to access the Site or use the services provided by SHIMLA AMATEUR DRAMATIC CLUB. If you have any questions about this Agreement or the practices of this Site, do not use the site and please contact SHIMLA AMATEUR DRAMATIC CLUB at adcshimla@ymail.com

ADDITIONAL TERMS AND CONDITIONS

Certain features and services available on the Site may be subject to additional terms and conditions, including the payment of certain fees. All purchases of services are subject to the SHIMLA AMATEUR DRAMATIC CLUB Terms and Conditions of Services Agreement. SHIMLA AMATEUR DRAMATIC CLUB ´s collection and use of personal information that you may provide to, SHIMLA AMATEUR DRAMATIC CLUB or which may be collected from you by the, SHIMLA AMATEUR DRAMATIC CLUB is governed by the SHIMLA AMATEUR DRAMATIC CLUB Privacy Policy which is expressly incorporated into this Agreement as if contained herein in its entirety.

AMENDMENT AND MODIFICATIONS TO AGREEMENTS

SHIMLA AMATEUR DRAMATIC CLUB may amend or make additions, deletions or modifications to this Agreement, the SHIMLA AMATEUR DRAMATIC CLUB Terms and Conditions of Services and SHIMLA AMATEUR DRAMATIC CLUB Privacy Policy at any time and without prior notice. Such amendments or modifications shall be effective upon posting the amended terms on the Site and/or e-mailing of such amendments or modifications to registered users of the Site, and you agree to be bound by such amendments or modifications for any future use of the Site or services provided by SHIMLA AMATEUR DRAMATIC CLUB after they are posted and/or e-mailed.

ACCOUNT MEMBERSHIP ELIGIBILITY

If you become a member or subscribe to any services offered on or through the Site, you agree to:

- provide true, accurate, current and complete information about yourself and/or your company as prompted by the registration and order forms, and

- to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, SHIMLA AMATEUR DRAMATIC CLUB reserves the right to terminate your account and refuse any and all current or future use of the Site and affiliated services. You are solely responsible for choosing and keeping secure your password to access your account on the Site. SHIMLA AMATEUR DRAMATIC CLUB bears no responsibility for your account being compromised and used without your authorization. Should you become aware of unauthorized activity on your account, you agree to notify SHIMLA AMATEUR DRAMATIC CLUB immediately. You further agree not to share user names or passwords, which is expressly prohibited, unless authorized in writing by SHIMLA AMATEUR DRAMATIC CLUB. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, the Site.

CHILDREN UNDER 18

SHIMLA AMATEUR DRAMATIC CLUB does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register with SHIMLA AMATEUR DRAMATIC CLUB. If you are under 18, please do not send any information to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to SHIMLA AMATEUR DRAMATIC CLUB or be a user of SHIMLA AMATEUR DRAMATIC CLUB services. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at dgcsecretary@hotmail.com

USER CONDUCT

You understand that the services provided by SHIMLA AMATEUR DRAMATIC CLUB are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your SHIMLA AMATEUR DRAMATIC CLUB account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the services provided by SHIMLA AMATEUR DRAMATIC CLUB or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the services provided by SHIMLA AMATEUR DRAMATIC CLUB or the Site to:

- Upload, post, email, transmit or otherwise make available any content that SHIMLA AMATEUR DRAMATIC CLUB , in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, or hateful, or is racially, ethnically, religiously, or otherwise offensive;

- Engage in any activities in violation of any applicable local, state, national, regional, or international law, rules, or regulations;

- Transmit any material that infringes any copyright, patent, trade secret, or other proprietary or privacy right of any third party;

- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of commercial solicitation;

- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

- Intimidate or harass another; or

- Use or attempt to use another´s account, service or system without authorization from SHIMLA AMATEUR DRAMATIC CLUB, or create a false identity on the Site.

SHIMLA AMATEUR DRAMATIC CLUB may terminate your ability to access the Site or use the services provided by SHIMLA AMATEUR DRAMATIC CLUB at any time and for any reason in its sole discretion. SHIMLA AMATEUR DRAMATIC CLUB reserves the right at any time from time to time and without notice to modify or discontinue, temporarily or permanently, the Site or the services it provides. You agree that SHIMLA AMATEUR DRAMATIC CLUB shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or the services.

If SHIMLA AMATEUR DRAMATIC CLUB identifies that you are using the Site for commercial use, SHIMLA AMATEUR DRAMATIC CLUB may seek to be reimbursed for any and all costs and expenses related to your usage of the Site, including reasonable attorneys fees arising from your breach of this Agreement.

OWNERSHIP AND COPYRIGHT AND TRADEMARK NOTICE

This Site is owned and operated by SHIMLA AMATEUR DRAMATIC CLUB. All content, information and materials appearing on this Site, including, without limitation, text, site design, logos, graphics, icons, images, and voice, video, and sound clips, as well as, the selection, assembly and arrangement thereof ("Content") are the sole property of SHIMLA AMATEUR DRAMATIC CLUB or its licensors and are protected by International copyright, patent and trademark laws and treaties. SHIMLA AMATEUR DRAMATIC CLUB and its licensors expressly reserve all rights in and to such Content. You may use the Content contained on this Site and the services offered through this Site only for your own personal purposes. No Content from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without SHIMLA AMATEUR DRAMATIC CLUB ´s or its licensor´s prior written permission except as explicitly permitted in this Agreement.

All content, information, and materials you upload to the Site or provide to SHIMLA AMATEUR DRAMATIC CLU Busing the services offered by SHIMLA AMATEUR DRAMATIC CLUB, including, without limitation, text, graphics, icons, images, and voice, video, and sound clips shall become the property of SHIMLA AMATEUR DRAMATIC CLUB immediately upon their upload or transmission and you hereby assign and agree to assign all rights in such materials to SHIMLA AMATEUR DRAMATIC CLUB. SHIMLA AMATEUR DRAMATIC CLUB may store, delete, retain, or dispose of such materials in its sole discretion and shall be under no obligation to retain such materials for any particular period of time.

All software used on the Site, to provide services through the Site, and to operate the Site is the sole property of SHIMLA AMATEUR DRAMATIC CLUB or its licensors and may not be used elsewhere without prior written permission. Certain patents, trademarks, copyrights and other content or proprietary information used on this Site may be owned by third parties not affiliated with SHIMLA AMATEUR DRAMATIC CLUB and are being used under license and with permission by SHIMLA AMATEUR DRAMATIC CLUB under various agreements.

UNSOLICITED IDEAS

SHIMLA AMATEUR DRAMATIC CLUB welcomes your comments and feedback about the site or about its services; however, SHIMLA AMATEUR DRAMATIC CLUB, in its sole discretion, reserves the right to use or not use any ideas, content, materials, or suggestions you submit without any express or implied obligation, contract or compensation to you. all ideas, materials, or suggestions (including, without limitation, unsolicited ideas, suggestions, or materials) submitted shall become the property of SHIMLA AMATEUR DRAMATIC CLUB and SHIMLA AMATEUR DRAMATIC CLUB may use such ideas, materials, or suggestions in whole or in part at SHIMLA AMATEUR DRAMATIC CLUB ´s sole discretion without compensation or credit to you.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless SHIMLA AMATEUR DRAMATIC CLUB and its subsidiaries, affiliates, related companies, employees, officers, directors, agents, telecommunications providers, and content providers from all claims, demands, liabilities, costs, and expenses, including reasonable attorneys´ fees, arising from your breach of this Agreement, your violation of the rights of any third parties using the services provided by SHIMLA AMATEUR DRAMATIC CLUB or the Site, or your violation of any federal, state, local or other applicable laws, rules, or regulations using the service provided by SHIMLA AMATEUR DRAMATIC CLUB or the Site.

SECURITY

SHIMLA AMATEUR DRAMATIC CLUB takes steps to ensure that all information collected is treated securely and in accordance with this Agreement and the SHIMLA AMATEUR DRAMATIC CLUB Privacy Policy. Unfortunately, no data transmission over the Internet or telephone can be guaranteed to be 100% secure. Accordingly, SHIMLA AMATEUR DRAMATIC CLUB cannot ensure or warrant the security of any information you transmit to SHIMLA AMATEUR DRAMATIC CLUB. Therefore, any transmission of information by you to SHIMLA AMATEUR DRAMATIC CLUB is done at your own risk. When SHIMLA AMATEUR DRAMATIC CLUB receives your transmission, SHIMLA AMATEUR DRAMATIC CLUB makes commercially reasonable efforts to ensure the security of your information on our systems.

JURISDICTION, VENUE AND NOTICES

All legal disputes arising from or relating to the Site, your access and/or use of the Site, this Agreement, the SHIMLA AMATEUR DRAMATIC CLUB Privacy Policy, and the SHIMLA AMATEUR DRAMATIC CLUB Terms and Conditions of Services Agreement shall be settled under the laws of Indian courts subject to laws of Republic of India. In the event of any dispute of whatever nature, such dispute shall be settled in good faith between the parties. In case, such dispute cannot be resolved by negotiation within 30 days, such dispute shall be referred to a binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be Shimla Himachal Pradesh, India. In case of the dispute requiring intervention of courts, courts in Shimla, India alone shall have exclusive jurisdiction.

You agree that the exclusive jurisdiction and venue for any litigation be an appropriate court located in Shimla, India and you irrevocably consent to the exclusive jurisdiction and venue of such courts. If either party files suit or engages in other legal process to enforce the terms and conditions of this Agreement or the SHIMLA AMATEUR DRAMATIC CLUB Terms and Conditions of Services Agreement, or to collect monies owed by reason of this Agreement or the SHIMLA AMATEUR DRAMATIC CLUB Terms and Conditions of Services Agreement, the prevailing party in any such litigation shall be entitled to recover its reasonable attorneys fees and costs in connection with such enforcement efforts. You agree that SHIMLA AMATEUR DRAMATIC CLUB may provide notices relating to this Agreement, the SHIMLA AMATEUR DRAMATIC CLUB Privacy Policy, and the SHIMLA AMATEUR DRAMATIC CLUB Terms and Conditions of Services Agreement to you, including those regarding changes, by e-mail, regular, mail, and/or postings to the Site.

ENTIRE AGREEMENT

The Agreement and the SHIMLA AMATEUR DRAMATIC CLUB Privacy Policy constitutes the entire agreement between you and SHIMLA AMATEUR DRAMATIC CLUB and governs your use of the Site and the services provided by, superseding any prior agreements between you and SHIMLA AMATEUR DRAMATIC CLUB with respect to the Site and the services provided by SHIMLA AMATEUR DRAMATIC CLUB. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SHIMLA AMATEUR DRAMATIC CLUB services, affiliate services and third-party content using the Site.

WAIVER AND SEVERABILITY

The failure of SHIMLA AMATEUR DRAMATIC CLUB to exercise or enforce any right or provision of this Agreement shall 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 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 shall remain in full force and effect.