1. User, “you”, “yours”: anyone who accesses the Website and/or uses the Content and/or Services (as defined below)
2. Products: all and any products provided by COMPANY on the Website.
3. Content: all and any content contained on or generated by the Website, including, without limitation, Products, questionnaires, reports, text, graphics, audio, video and software.
4. Services: all and any services provided by COMPANY from the Website, including, but not limited to, your access to the Content or portions there of, your account and other features.
2. GENERAL TERMS
If you breach any term of these ToU, your right to access and use of this website shall cease immediately.
THIS WEBSITE IS OWNED AND OPERATED BY COMPANY. HOWEVER, IT IS EXPRESSLY CLARIFIED THAT BY PROVIDING INFORMATION ON THIS WEBSITE, COMPANY DOES NOT INTEND TO, EXPRESSLY OR IMPLIEDLY, CREATE ANY KIND OF SPECIFIC RELATIONSHIP.
4. PROHIBITED USE
5. USER OBLIGATIONS
In consideration of use of the Website, You represent and confirm that You are of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service, You have and must continue to maintain at your sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. You shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the You.
In addition, the Website shall not be used in any manner, which could damage, disable, o verburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. You shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
6. RIGHTS RESERVED
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website and/or the Service (the “Intellectual Property Rights”) shall, as between you and Company, at all times be and remain the sole and exclusive property of Company or its content suppliers. All software used on this Website is the property of Company or its software suppliers and protected by Indian and International copyright laws. All present and future rights in and title to the Website and/or the Service (including the right to exploit the Website and/or the Service and any portions of the Website and/or the Service over any present or future technology) are reserved to Company for its exclusive use.
7. FEES AND PAYMENTS
Company reserves the right at any time to charge fees for access to all or portions of the Website and/or the Service. If at any time Company requires a fee for all or portions of the Website and/or the Service, Company will require you to register and create an account. In no event will you be charged for access to all or portions of the Website and/or the Service unless Company obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website and/or the Service by Company or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Website and/or the Service through your account, and the purchase of any other products or services.
8. REVIEWS AND COMMENTS
In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also assign Company the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on the Website and that use of your reviews, comments, or other Content by Company will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Company or third parties as to the origin of any Submissions or Content. The company may, but shall not be obligated to, in its sole discretion, remove or edit any Submissions (including comments or reviews) for any reason.
9. LINKS TO OTHER SITES
All the contents of the Website are only for general information or use. They do 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 Website is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Website. All warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without certain links on the Website lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Company’ logo, please understand that it is independent of Company, over whom Company has no control or connection, business or otherwise as these sites are external to Company. You agree and understand that by visiting such sites you are beyond the Website. Company, therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/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 visit and/or transaction/s on these site(s), as the same is provided on “as is” without warranty of any kind.
10. ADVERTISING MATERIAL
Part of the Website contains advertising information or promotion material or other material submitted to Company by third parties. Responsibility for ensuring that material submitted for inclusion on Website complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Company found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. The company will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
11. CONTENT ON THE COMPANY NETWORK/WEBSITE
Content on the Website is meant for all audiences. You understand that you will be exposed to user material from a variety of publishers and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user material. You further understand and acknowledge that you may be exposed to user material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto.
Use of the sites is at your own risk. The materials, information, products, and services offered on or through the sites and any third-party sites are provided on “as is the basis and without warranties of any kind either express or implied.” We do not warrant that our site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through our site. We do not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to our site or any information or goods that are available or advertised or sold through our site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on this site or available through links on our site. We reserve the right to correct any errors or omissions on our site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to our site, we do not guarantee or warrant that our site or materials that may be downloaded from our site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our site and any materials available through our site, you do so solely at your own risk.
Our site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by us or by third-parties. Due to the number of sources from which content on our site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment.
Information created by third parties that you may access on our site or through links is not adopted or endorsed by us.
14. ACCESS RESTRICTION
COMPANY may terminate or restrict your access to all and any part of the Website, Products and/or Services at any time, in its sole and absolute discretion, and effective immediately.
15. THIRD PARTY SERVICES
COMPANY makes no warranties or representations whatsoever, express or implied, with regard to any Third Party Services, Linked Sites, and/or Ads. You will not consider COMPANY nor will COMPANY be construed, as a party to any transactions relating to Third Party Services, Linked Sites, and/or Ads, whether or not COMPANY. may have received some form of revenue or other remuneration in connection with the transaction, nor shall COMPANY be liable for any costs or damages arising out of or relating to, either directly or indirectly, the Third Party Services, Linked Sites, and/or Ads.
16. MODIFICATIONS OF CONTENT AND SERVICES
COMPANY reserves the right, in its sole discretion, to make changes to or discontinue Content and/or Services, or products thereof, including, without limitation, changing pricing of Products and Services, with or without notice to you, and without liability to you or any third party.
17. APPLICABLE LAW
To the maximum extent permitted by law, this agreement is governed by the laws of INDIA and you hereby consent to the exclusive jurisdiction and venue of courts in GUJARAT, INDIA , in all disputes arising out of or relating to the use of the Web Site, Content and/or Services and/or Products. Use of the Website, Content and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and COMPANY as a result of this agreement or use of the Website, Content and/or Services and/or Products. COMPANY performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of COMPANY right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website, Content and/or Services and/or Products or information provided to or gathered by COMPANY with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and COMPANY with respect to the Website, Content and/or Services OR products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and COMPANY with respect to the Website, Content and/or Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish that this agreement and all related documents be drawn up in English.
18. INTELLECTUAL PROPERTY RIGHT OWNERSHIP, COPYRIGHT, RESERVATION OF RIGHTS
All the information or products or service or contents on the website and software related thereto, except those owned by third parties, are owned by and are the exclusive property of COMPANY and protected under the Copyrights Act, 1957 and the Copyright Laws of all other countries worldwide, except those owned by third parties.
All of the intellectual property rights in the Website and Content belong to COMPANY or its licensors. The Products, The Services, their scoring algorithms, their report generation algorithms, information and contents on websites and their software code are valuable intellectual property (trade secrets and confidential information) of COMPANY. You have no intellectual property rights in the Content, the Products, the Services the Website and any materials thereon.
All Content is protected by law, including without limitation the copyright laws of the India, Mumbai and other countries, and by international treaty provisions. All rights not expressly granted are reserved by COMPANY and its licensors.
The unauthorized use of the Content will result in civil and criminal sanctions, including intellectual property proceedings, the pursuit of statutory damages, and all other recourse available to COMPANY.
19. NO REVERSE ENGINEERING, MODIFICATION, WEBSITE AUTOMATION OR INTEGRATION
You shall not reverse engineer, decompile, disassemble, approximate, or otherwise attempt to discover the source code, the scoring algorithms, or the reports generation algorithm of COMPANY website Products or Service, or any of the Content.
You shall not modify, adapt, translate, or create derivative works based upon the Website, Content, and any materials provided on or as a part of Website or Content. You shall not alter or remove any copyright or other proprietary notice that appears on the content provided on or as a part of Website, Content and/or Services.
You shall not embed, integrate, and automate usage of, Products offered on COMPANY website, fully or partially, unless expressly permitted by COMPANY in writing.
All brand names, logos product names and titles used on this site are trademarks or trade names of their respective holders.
COMPANY use methodology, audio, video, questionnaire, scoring and software that is proprietary to COMPANY.
No permission is given in respect of the use of any of the above and any brand names, logo product names and titles used on this site. Any such use may constitute an infringement of the holders’ rights by you.
21. RESPONSIBILITIES OF USERS
Users may not have more than one active account. Multiple accounts held by an user is subject to immediate termination unless such multiple accounts are expressly authorized by COMPANY.
You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this website or the website of third parties or any other technology.
You may complete a registration process as part of your use of products/ services website, which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone. Where you do disclose to or share with anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on this website using your username, password and/or other identification information.
You must check and ensure that all information, content, material or data you provide on this website is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on this website is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.
You agree that you will be liable for any damage, loss, claim, demand, liability or expense that we may suffer or incur arising out of or in connection with your conduct by using this website and/or your User Content. You agree to indemnify us for and hold COMPANY and its officers, directors, agents, subsidiaries, joint ventures, and employees harmless from any claims, causes of action, damages, losses, demands, liabilities, recoveries, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees arising out of or related to your breach of this ToU or arising out of your violation of any law or the rights of a third party, or your use/conduct on this website.
If any provision of these ToU is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these ToU and the validity and enforceability of the remaining provisions of these ToU shall not be affected.
No failure or delay by us in exercising any right under these ToU will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.
26. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Not withstanding any other provisions of this ToU, or any general legal principles to the contrary, any provision of this ToU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this ToU.