Terms & Conditions

General Legal

In case you view the MarconiMalayalam.com website and respond with information (excluding personal information, which is addressed under the Internet Privacy Policy) including questions, comments or suggestions regarding the content of the MarconiMalayalam.com website, such information shall be deemed as non-confidential, and MarconiMalayalam.com shall have no obligation of any kind with respect to such information, and shall be free to reproduce, use, disclose and distribute the information to others without limitation. MarconiMalayalam.com shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
MarconiMalayalam.com MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF ANY NATURE REGARDING THE INFORMATION OR THE PRODUCT TO WHICH THE INFORMATION REFERS. The information on this website may include typographical inaccuracies.
Under no circumstances will MarconiMalayalam.com be liable to any person or business entity for any direct, indirect, special, incidental, consequential or other damages based on any use of this website or any other website to which the MarconiMalayalam.com website is linked, including without limitation, any lost profits, business interruption, or loss of programs or information, even if we has been specifically advised of the possibility of such damages.

The official Marconi Club’s Singing Point User Agreement, Rules, Terms & conditions and Disclaimers

The Marconi Club’s Singing Point Program (the "Service"), is owned and operated by Marconimalayalam.com. ("Service Provider", "we", "us" or "our") is provided to you ("you," "your" or "User") under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the “Service” (collectively, the "Terms and Conditions"). Your failure to follow the Service's rules, whether listed below or in supplemental notices posted at various points in the “Service”, may result in termination of your access to the “Service” and all Points you have accumulated in the Service, without notice, in addition to Service Provider's other remedies. 
Access to and use of the “Service” are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and 
regulations governing copyright and trademark. The following rules may be modified by the Service Provider from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this website. BY ACCESSING THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.

Description of the Service

The “Service” is a program where registered users may accrue Points by engaging in certain activities, and may in turn, redeem Points for certain reward offers ("Prizes") provided by the Service provider, advertisers and other sponsors ("Sponsor"). Points accrued in the “Service” are non-transferable to other users or accounts, and have no cash or monetary value. 

Reservation of Rights

The “Service” and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the “Service”, including the points’ levels, in whole or in part, for any reason, at our sole discretion. We may, among other options, withdraw, limit, modify or cancel any Prize, increase the points required for any Prize, or modify / condition the transferability of Prizes or benefits. You should agree that we will not be liable to you or any third-party for any modification or discontinuance of the “Service” - in whole or in part.

Your Account and Registration obligations

If you use the website, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your personal computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by MarconiMalayalam's registration form (such information being the "Registration Data") 2. You must not include any of your contact details such as email addresses etc in your User ID; and 3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or MarconiMalayalam has reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, MarconiMalayalam has the right to indefinitely suspend or terminate your membership with the website. We have the right to suspend or terminate your account and to refuse any and all current or future use of the “Service” (or any portion thereof) by you. There should only be one member account per person. To receive Prizes, your shipping address must be correct and current. Points for Prizes returned for incorrect addresses will not be credited back to your account.

Account Security

You will receive a password and account upon completing the registration process. You should agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to logout at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or by us, all of your points accumulated will be forfeited.

Electronic Communication 

Users consents to receive communications from MarconiMalayalam.com electronically. MarconiMalayalam.com will communicate with the users by email or by posting notices on the site.

Online Shopping Platform 

You should agree, understand and acknowledge that ‘MarconiMalayalam Shopping’ is an online shopping platform, a venue enabling the users to buy any product listed on ‘MarconiMalayalam Shopping’ at the price indicated on the terms and conditions indicated therein at any time from any place. You should further agree and acknowledge that ‘MarconiMalayalam Shopping’ is not involved in any sale and purchase of goods / products listed on this site. ‘MarconiMalayalam Shopping’ is only a facilitator, an intermediary, and is not and cannot be a party to or, control in any manner any transactions between the Vendor / Seller and the Customer / Buyer.
‘MarconiMalayalam Shopping’ shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the users. 
‘MarconiMalayalam Shopping’ shall neither be liable nor responsible for any actions or inactions of Vendors and / or Sellers or any breach of conditions, representations or warranties by the Vendor or Manufacturer of the products. 
‘MarconiMalayalam Shopping’ does not sell or retail any products and does not ensure that the users shall perform their obligations in respect of the transaction concluded on this website and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on ‘MarconiMalayalam Shopping’. 

Moreover, you have to agree and undertake that you are accessing the services available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this site. 
The website is a channel of communication whereby the users can reach a larger base to buy or, the “Services”. ‘MarconiMalayalam Shopping’ is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with ‘MarconiMalayalam Shopping’, nor shall ‘MarconiMalayalam Shopping’ have any obligations or liabilities in respect of such contract. ‘MarconiMalayalam Shopping’ is not responsible for unsatisfactory or delayed performance of services / damages / delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply or till stock lasts. 
‘MarconiMalayalam Shopping’ accepts no liability for any errors or omissions, whether on behalf of itself or third parties. 
‘MarconiMalayalam Shopping’ is not responsible and shall not be responsible for any non-performance or breach of any contract entered in between users. 
Any and all orders placed by you on this site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway. 
Before placing an order, you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description. 

Credit Card details 

You agree, understand and confirm that the credit card details provided by you for availing of services on ‘MarconiMalayalam Shopping’ will be correct and accurate, and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to ‘MarconiMalayalam Shopping’. Further, the said information will be not being utilized and shared by ‘MarconiMalayalam Shopping’ with any of the third parties unless required by law, regulation or court order. 

Confirmation 

You understand, declare and agree that:
‘MarconiMalayalam Shopping’ shall not and is not required to mediate or resolve any dispute or disagreement between you and the seller.

You should release and indemnify ‘MarconiMalayalam Shopping’ and / or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the site, and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, ‘MarconiMalayalam Shopping’ cannot control the information provided by other users which is made available on the site.

Points

To earn and accumulate points, you must undertake an activity described in service-authorized promotion for earning points, which includes registering into MarconiMalayalam.com website and promoting the same by referring the website to your acquaintances. The accrual of points start when you register into the website, for which you earn 50 points, and when you refer the same to one other person you earn 4 points, and your referral earns 50 points when your referral refers the website to one another person - you earn 3 points, your referral earns 4 points and your referral’s referral earns 50 points. The process is divided into such levels in which persons, who have registered, have a series of referrals and their referrals have referrals … and so on. 
There are ten levels of this activity. The first level is when you accumulate 500 points, the second: 1000 points, the third: 2000 points, the fourth: 3000 points, the fifth: 5000 points, the sixth: 7000, the seventh: 9000 points, the eighth, 12000 points, the ninth: 15000 points and the tenth: 20000 points. When you complete each level you can claim prizes, which will be sent to you through your contact information - provided to us by you. If you claim your gift for the first level, that is as you accrue 500 points, as soon as you claim your gift the first 500 points will be declared void. You can continue accruing points by the same activity as before but you cannot continue from 500 points. That is, you have to start again with the first level. When you have accrued 500 points once more, you can either claim the same gift or, can go on to the 2nd level. When you have completed the 2nd level and have claimed your gift, again the points accumulated till the second level will be declared void. You may earn points from only one computer or network access point at any given time - simultaneous activity on multiple computers for one account will not be credited. 
We will use reasonable efforts to allocate the earned points to your account. However, you are responsible for ensuring that points are properly credited. If you believe that points have been earned but not credited, we reserve the right to require the proof of accrual, including but not limited to, copies or receipts or similar documentation - verifying any transactions claimed - to have been performed. We should receive any claims of points by you and proof of accrual within the specified time-period (for eg: 1 month, 45 days) - after the date on which, those points are claimed to have been earned.
Points will be maintained in your account until they are redeemed for a prize or are forfeited, whichever occurs first. There is no substitution for any prize or portion thereof, except due to unavailability, in which case, a prize of equal or greater value will be awarded at the discretion 
of the ‘Service Provider’. Points earned in two or more different accounts may not be combined to redeem or bid for any prize. Some prizes have limited availability and, in some cases prizes you select will be sent to you directly by the sponsor; who is solely responsible for the quality and performance of the goods supplied. All decisions regarding point balances, prizes, forfeitures, and the identity of any individual accessing an account, are within our sole discretion.

Prizes

You may redeem points accrued in your account for prizes, provided that your account is in good standing at the time of the points’ redemption request. Points may be used to purchase only the prizes shown in “www.MarconiMalayalam.com”. Prizes are subject to availability and other terms & conditions. There is no substitution for any prize or portion thereof, except due to unavailability, in which case, a prize of equal or greater value will be awarded at the discretion of the ‘Service Provider’. Points earned in two or more different accounts may not be combined to redeem for any Prize. Some Prizes have limited availability, and in some cases, Prizes you select are sent to you directly by the Sponsor, who is solely responsible for the quality and performance of the goods supplied. Prizes will only be shipped to the location address you provide with your account. Prizes mailed outside India may be subjected to a delivery charge. Any rules of the merchants, relating to returns and exchanges, should also apply but, no points will be credited to your account. We reserve the right to modify or cancel any prize offering at any time. Redeemed prizes are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other prizes / points under any circumstances. Winners may be required to execute and return an affidavit of eligibility. The Prize winners will be fully responsible for all federal, state and local taxes. 

Taxes

You are responsible for paying all fees associated with the use of the website services, and you should agree to bear any / all applicable taxes, charges, ceases, etc levied thereon. 

Privacy and use of information

The information that you provide in connection with the “Marconi Club’s Singing Point Service” may be used for the Service Provider's internal purposes, and to send you information about the Service Provider's and Sponsor's products. The info will not be provided to third parties, except as necessary for the administration of the service (i.e., to the sponsors to send prizes) or, as required by law or legal process. Any entrant, who does not wish the Service Provider / Sponsor to send information to the entrant about its products, should not participate in the “Service”. Entry constitutes permission to post the users' names on our website and to use the winner's name, hometown and / or likeness for purposes of advertising and, promotion without further compensation unless prohibited by law. By participating in the “Service”, you agree that we may 
collect and use the personal information about you that you provide to us in accordance with our Privacy Statement. By using the “Service”, you agree to be bound by the terms of our Privacy Statement. 
The “Service” contains information, facts and opinions from various sources. The “Service” is provided on an ‘as it is’ basis without warranties of any kind, either express or implied - including but not limited to warranties of title - other than those warranties which are imposed by, and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither MarconiMalayalam nor our affiliates are responsible for the accuracy or reliability of any opinion, advice or statement on the “Service”.

Fraud

Fraud or abuse relating to the accrual of points or, redemption of “Marconi Club’s Singing Point” for prizes may result in forfeiture of accrued points as well as the termination of your account. You are solely responsible for any fraudulent use of your points that could occur due to the theft of or sharing of your password. The “Service” is provided to individual users, who are nominal persons, for their own personal use.
IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM “MARCONIMALAYALAM LISTENERS POINTS” OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND / OR PRIZES THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR, REDEEMING INFORMATION SHARED IN THIS MANNER, WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY PRIZES. 
You are solely responsible for any fraudulent use of your points that could occur due to the theft or sharing of your password. It will be considered a violation of our terms and conditions for any individual or company to direct, encourage, or allow individuals to use a single account for the purpose of accumulating points for company / official use.

Limitation of liability, indemnity and release

Your use of the “Service” is at your own risk. NEITHER “MARCONI CLUB” OR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES / LICENSORS SHALL BE LIABLE TO YOU, OR ANYONE ELSE, FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF THE “SERVICE”. YOU SHOULD HEREBY WAIVE ANY / ALL CLAIMS AGAINST “CLUB MARCONIMALAYALAM” AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS, ARISING OUT OF YOUR USE OF THE “SERVICE” AND THE INFORMATION AVAILABLE THEREON. 

Also you accept all responsibility for, and hereby indemnify and hold us harmless from and against any actions taken by any user authorized to use your account, including but not limited to, accrual of points, redemption of points, and disclosure of passwords to third parties. By using the “Service”, you should release us, our subsidiaries, and affiliates from any liabilities regarding the redemption of points, use of prizes, or other participation in the “Service”.

Internet

If for any reason this “Service” is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Service Providers which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this “Service”, the Service Providers reserve the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the “Service”. The Service Providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the entries. The Service Provider is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email / entry to be received by the Service Provider due to technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to the participants’ or any other person’s computer relating to or resulting from participating in this “Service” or downloading any materials in this “Service”. 
SPONSORS ARE NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANTS’ HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH THE SPONSOR'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. 
NOTE: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE “SERVICE” IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 
In the event of a dispute as to the identity or eligibility of a winner based on an email address, the winning entry will be declared made by the ‘Authorized Account Holder’ of the email address submitted at time of entry. ‘Authorized Account Holder’ is defined as the person, 18 years of age or older, who is assigned to an email address by an internet access provider, online service provider, or other organization (eg: business, education institution, etc) that is responsible for assigning email addresses for the domain associated with the submitted email address. Uses of automated devices are not valid for entry.

Violation of the Terms

You should understand and agree that, in our sole discretion and without prior notice, we may remove points from your account as a penalty, terminate your access to the website, and / or deactivate or delete your membership account, if we determine that you have violated our Terms and Conditions.

Indemnity

You should agree to indemnify and hold us, our parent company(s), subsidiaries, affiliates, officers, agents, representatives, sponsors / other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website, including; without limitation, any information / content / keywords you post to the site or any interference with the operation of the site.

Intellectual Property

The materials used and displayed on the “Service”, including but not limited to, text, software, photographs, graphics, illustrations, artwork, music, video, sound, names, logos and trademarks, are the property of “MARCONI CLUB” or its affiliates / licensors, and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You should agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of “MARCONI CLUB” or the appropriate affiliate. 

Disputes

These Terms and Conditions shall be governed by and construed in accordance with the Indian Law. All applicable federal / state / local laws and regulations apply. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Service Providers and their affiliates, representatives, agents, directors, officers, shareholders and employees are not responsible for, and shall not be liable for, 
(i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond their control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, delivery or failure to timely deliver, possession, or use of the prize, or from participation in the “Service”; (vi) any printing or typographical errors in any materials associated with the “Service”. 

Further, in any such dispute, under no circumstances will the participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with participating in the “Service”), and participant further waives all rights to have damages multiplied or increased. Under no circumstances shall we be liable to you or any third party for any indirect, incidental, consequential, special or exemplary damages, even if advised of the possibility of such damages, arising from the use of or inability to use the “Service” or any other provision mentioned in the Terms and Conditions.

Agreement

By participating in the “Service”, participants agree to release, discharge and hold harmless Service Providers and their affiliates, representatives, agents, directors, officers, shareholders and employees from any / all liabilities from injures, losses, or damages of any kind arising from or in connection with the “Service”. If, in Service Providers' sole opinions, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the “Service”, or if technical difficulties compromise the integrity of the “Service”, Service Providers reserve the right to terminate the “Service”, disqualify any individual who has tampered with “Service”, and conduct a random drawing to award the prize using all eligible entries received as of the termination date. Any attempt to deliberately hamper the operation of this “Service” is unlawful and subject to legal action by Service Providers and / or their agents.
By using this “Service”, entrants and prize winners shall: (1) agree to be bound by these rules; (2) agree to release Service Providers and, their respective parent companies and their employees, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and / or judging agencies, and related entities from any / all liabilities for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and / or death arising out of participating in this “Service”, or, the acceptance, possession, use or misuse of any prize, and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; (3) consent to the use of their names, voices, pictures, and likenesses for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law. 
Service Providers may terminate any service or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Service's security and fairness. Service Providers may prohibit individuals from participating in “Service” and disqualify entries, if they: (1) attempt to enter the “Service” through any means other than as described in the rules; (2) attempt to disrupt the “Service” or circumvent the terms & conditions of the rules in any way; (3) repeatedly show a disregard for the service rules or act in an unsportsmanlike manner, or, with an intent to annoy, abuse, threaten / harass any other entrant or Service Providers. Service Providers' decisions with respect to the “Service” will be final.