2. The App/website/website is operated by Intellinects Ventures Pvt Ltd. a company incorporated under the Companies Act 1956 in India (and we refer to ourselves as “we”, “us” or “our”). We own and operate the App/website on behalf of the Institute hereinafter referred to as the “Institute”.
4. To download, install, access or use the App/website/website, you must be 13 years of age or over. If you are under 13 and you wish to use download, install, access or use the App/website/website, you must get consent from your parent or guardian before doing so.
5. We operate the software underlying and required for your use of the App/website/website from India and the App/website/website is governed by the laws of India.
6. Use of the App/website/website does not include the provision of a mobile device or other necessary equipment to access it. To use the App/website/website you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
7. You shall not in any way use the App/website/website or submit to us or to the App/website/website or to any user of the App/website/website anything which in any respect:
a) is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
b) is fraudulent, criminal or unlawful;
c) is inaccurate or out-of-date;
d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
e) impersonates any other person or body or misrepresents a relationship with any person or body;
d) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;
f) may be contrary to our interests;
g) is contrary to any specific rule or requirement that we stipulate on the App/website/website in relation to a particular part of the App/website/website or the App/website/website generally; or
h) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
i) You agree not to reproduce, duplicate, copy or re-sell the App/website or any part of the App/website.
j) You agree not to access without authority, interfere with, damage or disrupt:
* any part of the App/website;
* any equipment or network on which the App/website is stored;
* any software used in the provision of the App/website;
* any equipment or network or software owned or used by any third party.
8. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the App/website for the purpose of use on the App/website or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your rights to be identified as the author and we may modify your submission.
9. Commentary and other materials available on the App/website are not intended to amount to advice on which reliance should be placed. Subject to paragraphs 32 and 33 below, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the App/website, or by anyone who may be informed of any of its contents.
10. You assume sole responsibility for results obtained from the use of the App/website, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us in connection with the App/website, or any actions taken by us.
12. Availability of the App/website, Security & Accuracy We make no warranty that your access to the App/website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
13. Access to the App/website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App/website for any reason. If we impose restrictions on you personally, you must not attempt to use the App/website under any other name or user or on any other mobile device.
14. We do not warrant that the App/website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App/website or your obtaining any material from, or as a result of using, the App/website. We shall also not be liable for the actions of third parties.
15. We may change or update the App/website and anything described in it without notice to you. If the need arises, we may suspend access to the App/website, or close it indefinitely.
16. We make no representation or warranty, express or implied, that information and materials on the App/website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
17. Independence from Platforms : The App/website is independent of any platform on which it is located. The App/website is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being a “Platform Operator”), the Institute website and our mobile app hosting providers (each being a “Hosting Provider”) and any mobile phone or internet service provider (each being a “Network Operator”) that you may utilize to avail of data and services of the app.
18. Your download, installation, access to or use of the App/website is also bound by the terms and conditions of each of these entities namely the Platform Operator, Hosting Provider and Network Operator.
21. We are solely responsible for providing any maintenance and support services with respect to the App/website as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App/website..
22. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the App/website or your possession and/or use of the App/website, including, but not limited to: (i) any claim that the App/website fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
23. You and we acknowledge that, in the event of any third party claim that the App/website or your possession and use of the App/website infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.
24. You must comply with any applicable third party terms of agreement when using the App/website (e.g. you must ensure that your use of the App/website is not in violation of your mobile device agreement or any wireless data service agreement).
26. Limitation of Liability : You hereby release Intellinects Ventures Pvt. Ltd., its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other App/website or Website users.
27. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF RUPEES TEN (Rs10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
28. Your Representations and Warranties : You represent and warrant that (a) your use of the App/website will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the App/website will not infringe or misappropriate the intellectual property rights of any third party.
29. Indemnification : You agree to indemnify and hold Intellinects Ventures Pvt. Ltd. and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the App/website and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App/website and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
30. Trade Marks : The “Intellinects Ventures Pvt. Ltd.” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of us or our licensors. All trademark/s of the Institute, related name and logos and slogans are the trademarks or service marks of the Institute.
31. Intellectual Property Rights : As between you and us, we are the sole and exclusive owner or the licensee of all intellectual property rights in the App/website, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved. Any and all content developed and delivered on behalf of the Institute or a third party provider belong to the Institute or the respective third party provider and are their exclusive rights. All such rights are reserved.
32. You may print off one copy, and may download extracts, of any page(s) from the App/website for your personal reference and you may draw the attention of others within your organisation to material available on the App/website.
33. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
34. You must not use any part of the materials on the App/website for commercial purposes without obtaining a licence to do so from us or our licensors.
38. You must not without our permission:
a)use or copy any material from the App/website, including, but not limited to, onto other websites or in other mobile applications; or
b) frame any of the App/website onto your own or another person’s website or mobile application.
40. Non-assignment : You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.