THE FOLLOWING DESCRIBES THE TERMS ON WHICH MALAMAAL OFFERS YOU ACCESS TO OUR PRODUCTS AND SERVICES:

These are the terms and conditions governing your use of the website Malamaal.com (hereinafter referred to as "the Site") and constitutes your binding obligations towards Aware India, (hereinafter referred to as Malamaal) the owner of the Site.

Malamaal may amend the Terms and Conditions at any time by posting the amended terms on the Site. All amended terms shall automatically become effective immediately after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. The Terms and Conditions were last revised on 28 June 2004. You are advised to regularly check the Terms and Conditions for any amendments or updates. If any of the Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, such Term/Condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions.

1. Customer Eligibility:

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot purchase any items on the Site. If you wish to purchase, such purchase may be made by your legal guardian or parents who have registered as users of the Site. Malamaal reserves the right to terminate your membership and refuse to provide you with access to the Site if Malamaal discovers that you are under the age of 18 years.

2. Your Account and Registration Obligations:

If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password.

You agree to:

(a) Provide true, accurate, current and complete information about yourself as prompted by Malamaal's registration form (such information being the "Registration Data")

(b) You must not include any of your contact details such as email addresses etc in your username; and

(c) 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 Malamaal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, Malamaal has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

3. Electronic Communications:

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Earnings Disclaimer:

With the opportunities, strategies, products and programs featured in this Web Site, we make no implications, warranties, promises, suggestions, or guarantees whatsoever in any manner of speaking, in whole or in part, that by buying any program or information featured anywhere in this Web Site or elsewhere with regards to the owner of this Web Site that you will make money (or whatever the topic or content in question may appear to imply).

Your success in these or any efforts depends on numerous factors. We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within this Web Site or within any information disclosed by us in any form whatsoever. You recognize any business endeavor has inherent risk for loss of capital.

5. Product License:

For all products that Malamaal owns a Master Reseller License, you are allowed to resell the product at any price you wish (unless specified otherwise) and keep all the profits without paying royalty charges; these have already been paid by us. These products will be found in the section marked with resell rights. However, you cannot pass on the resell rights to your customers unless specified otherwise. When reselling the products, you have to ensure that your customers download the items from your server, not ours. Similarly, for all products that Malamaal holds only a Reseller License, you can buy the products but cannot resell them.

Moreover, if there is any change in the license terms, we will make the necessary changes on the product page itself. So you will require to keep track of the item by setting the product notification to inform you of the changes. You will find this link on the product page itself.

6. Limitation of Liability:

In no event shall Malamaal or its principles be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence).

Malamaal's liability in any circumstance is limited to the amount of payment, if any, paid by you to Malamaal. Malamaal, its associates and technology partners make no representations or Warranties about the accuracy, quality, safety, reliability, legality, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Malamaal assumes no liability whatsoever for any monetary or other damage suffered by you on account of

(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or (ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that Malamaal shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Malamaal has been advised of the possibility of such damages).

7. Indemnity:

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

8. Arbitration:

If any dispute arises between you and Malamaal during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Malamaal. The place of arbitration shall be Mumbai. The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

9. Governing Law:

The Terms and Conditions shall be governed and construed in accordance with the laws of India.