|
|
|
|
Terms of Use |
|
|
|
EDA CapitalConnect Limited and its affiliates (collectively “CapitalConnect”)
provide services on the website www.edacapitalconnect.com ("Site"),
subject to the following terms and conditions (“Terms of Use”). By using the Site
either directly or through a hyperlink, the user (“User”) agrees
that User has read and understood the Terms of Use and will comply with and be bound
by them. If the User does not agree to the Terms of Use, the User may not use this
Site.
|
|
|
- Acceptance of Terms
The User understands that the Site can be used only after the Terms of Use are accepted
by the User. CapitalConnect may amend the Terms of Use at any time without specific
notice to the User. CapitalConnect will update the Site with latest version of the
Terms of Use and the User must review the Terms of Use prior to each use of the
Site. The User’s continuing use of this Site shall constitute the acceptance of
any alterations, updates, modifications, and/or revisions to the Site or the Terms
of Use, which become effective as and when posted on this Site. CapitalConnect reserves
the right to require the User to sign a physical version of these Terms of Use at
any time.
- Use of the Site
- Limited Right to Use - The viewing, downloading or printing of
any content, graphic, form or document from the Site grants the User only a limited,
non- exclusive license for use solely by the User for it/her/his own personal use
and not for republication, distribution, assignment, sub-license, sale, lease, rent
or preparation of derivative works. The User undertakes not to allow any third party
to use the service offered by the Site, with or without consideration. No part of
the contents, form or document may be reproduced in any form or incorporated into
any information retrieval system, electronic or mechanical, other than for personal
use of the User. Unless specifically authorized by CapitalConnect, you may not connect
a link to the Site.
- Use of Information - CapitalConnect reserves the right, and the
User hereby authorizes CapitalConnect, to use and assign all information regarding
Site uses by the User and all information provided by the User, in any manner consistent
with the CapitalConnect’s Privacy Policy which forms part of this Terms of Use.
- Operation of the Site - Notwithstanding the scheduled downtime for maintenance purposes
of the Site, unscheduled maintenance, and any system outages, CapitalConnect shall
make all reasonable efforts and endeavors to keep this Site available for access
at all times. However, CapitalConnect does not provide any assurance or warranty
that access to the Site will be uninterrupted, error-free, that this Site or the
servers that make it available are free from viruses or any other harmful components.
The User of the Site is solely responsible for arranging and obtaining all equipment
and DSL/broadband/telecommunication connectivity to enable access to the Site and
for any fee payable to the Internet service provider and/or airtime charges, etc
relating to such access.
- Editing Deleting and Modification
CapitalConnect reserves the right in its sole discretion to edit or delete any documents,
information or other content appearing on the Site. CapitalConnect reserves the
right to limit the availability of the Site to any person, particular region, or
jurisdiction that the CapitalConnect may think fit and/or to terminate any User’s
access to and use of the Site, at any time in its sole discretion.
- Nature of Information on the Site
- The Site may provide information, data, opinions, views, general guidelines that
may be sourced from CapitalConnect and/or any other third party entity and/or any
other source. The User shall be solely liable for any action or decision taken by
such User or for any acts committed or omitted by the User based on information
provided on the Site. CapitalConnect will not be liable with regard to the third
party information’s authenticity and accuracy on the Site and the User must proceed
with extreme caution when relying on such information. The Site may also provide
data relating to pricing, rating, or other data. CapitalConnect is not liable for
any errors, typographical mistakes, and delays in such data or actions or inactions
of the User based on such information.
- The User understands and acknowledges that access to the information contained on
the Site is monitored and the User shall not object to such monitoring in any manner.
- The Site may contain information and press releases relating to CapitalConnect and
other parties. While this information is believed to be accurate as of the date
prepared, CapitalConnect disclaims any duty or obligation to update this information
or any press releases. Information about companies other than CapitalConnect contained
in the press release or otherwise, should not be relied upon as being provided or
endorsed by CapitalConnect. Any opinions, views, etc that may be expressed on the
various sections of the Site by the Users or any third party do not represent the
views of CapitalConnect and CapitalConnect takes no responsibility for the authenticity
and accuracy of such views or any use based on such views.
- Conduct of the User
- Content - The User must ensure that the information provided by it/her/him on the
Site is accurate and complete. The User must be authorized to provide the information
that is submitted by it/her/him on the Site and it/she/he will not post, publish,
distribute or disseminate any information that it/she/he does not have a right to
transmit under any law or under contractual or fiduciary relationships (such as
inside information or confidential information disclosed in the course of employment
or under a confidentiality agreement) and ensure that such information does not
violate any copyright, trade mark, or any other rights of third parties. CapitalConnect
does not claim ownership of any information the User submits relating to the User
or any third party. The User undertakes that the information provided does not violate
any laws, regulations or give rise to any civil or criminal liability or inhibit
the enjoyment of the Site for any other user of the Site.
In using this Site, the User undertakes NOT to
- impersonate any person or entity for the purpose of misleading others; use the Site
and/ or the services provided on the Site in any manner that could damage, disable,
overburden or impair the Site and/ or its services;
- attempt to gain unauthorised access to any of the services, other accounts, computer
systems or networks connected to the Site through hacking or any other means;
- use the Site to send junk email, spam, chain letters or any other unsolicited messages,
commercial or otherwise; post, publish, distribute or disseminate material or information
that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing
or unlawful, that incites discrimination, hatred or violence towards any person
or group on account of their race, religion, disability, nationality or otherwise;
threaten, abuse, disrupt or otherwise violate the legal rights (including rights
of privacy and publicity) of others; and
- make available or upload files that contain a virus, worm, trojan or corrupt data
that may damage the operation of the computer or property of another.
- User Registration - Signing a Service Agreement with CapitalConnect
is a pre-requisite to register on the Site. CapitalConnect retains the discretion
to decline registration to anyone, without providing any reasons whatsoever. CapitalConnect
shall provide the User with a login ID and password. The login ID can be created
by the User but CapitalConnect reserves the right to reject or modify any improper,
offensive, indecent, objectionable, blasphemous, or illegal login ID. The password
must be kept safely by the User and the User indemnifies, without limitation, CapitalConnect
against any liability resulting from the improper use of the Site.
- Surveys and Polls - The User may be requested to participate in
polls or surveys for specific research purposes. The participation is voluntary
and the User shall not hold CapitalConnect liable for any loss or damages on account
of any participation.
- Charges/ Subscription
The User will be charged a fee (all fee are non-refundable.) as applicable at the
time of registration, if the User registers with the Site for availing the services
that are being provided by CapitalConnect to its registered users. When the User
makes the payment of such subscription, it/she/he will ensure that any credit information
it/she/he will supply is true and complete and the User will pay the charges incurred
by it/her/him at the posted prices on the Site, including any applicable taxes.
CapitalConnect reserves the right to modify the subscription clause and the fee
rates are subject to change without notice to the User. CapitalConnect reserves
the right to change or discontinue, temporarily or permanently, some or all of the
services it offers at any time without notice.
- Nontransferable
Any password or right given to the User on the Site is not transferable and the
User cannot transfer the right to use the Site to any third party.
- Third-Party Services on the Site
- CapitalConnect allows access to or advertises third-party websites (“Vendor”) from
which the User may purchase certain goods, services, securities and/ or other financial
products. The User understands that CapitalConnect does not operate or control the
products or services offered by any Vendor. Vendors are responsible for all aspects
of order processing, fulfillment, billing and customer service. CapitalConnect is
not a party to the transactions entered into between the User and any Vendor. The
User agrees that use of such Vendor is at the User’s sole risk and is without warranties
of any kind by CapitalConnect, express, implied or otherwise including warranties
of title, fitness for purpose, merchantability or non-infringement. Under no circumstances
is CapitalConnect liable for any damages arising from the transactions between the
User and Vendor or for any information appearing on Vendor sites or any other site
linked to the Site.
- Third-Party Policies - All rules, policies (including privacy policies)
and operating procedures of any third party will apply to the User while on such
sites. CapitalConnect is not responsible for information provided by the User to
any such third party
- Intellectual Property Rights
- The Site contains proprietary and confidential information. All right, title and
interest to the content on the Site provided by CapitalConnect (unless otherwise
specified) shall remain the sole and exclusive property of CapitalConnect or its
licensors. The content, organization, graphics, digital conversion, designs, forms,
compilation, and other matters related to the Site are protected under applicable
statutory and common law rights by either CapitalConnect or other copyright owners
who have authorized use for the Site. The User is strictly prohibited from doing,
inter alia, the following acts - copying, duplicating, redistribution, transmitting,
reverse engineering, publication of any part of the Site, except as with the express
permission of CapitalConnect. CapitalConnect may take severe action against Users
who violate the provisions of the Terms of Use. CapitalConnect shall be entitled
to obtain all available remedies against the violator for any infringement of its
IP rights. The User acknowledges that it does not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting of information
or material on the Site does not constitute a waiver of any right in such information
and material.
- The User is prohibited from using any of the marks or logos appearing throughout
the Site without permission from the trade mark owner, except as permitted by applicable
law.
- Unsolicited Idea Submission Policy
CapitalConnect welcomes your feedback and suggestions about how to improve the Site.
Any ideas, suggestions, information, know-how, material, or any other content (collectively,
“Submissions”) received through the Site, however, will be deemed to include a royalty-free,
perpetual, irrevocable, nonexclusive right and license for CapitalConnect to adopt,
publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative
works, display, (in whole or part) worldwide, or act on such Submissions without
additional approval or consideration, in any form, media, or technology now known
or later developed for the full term of any rights that may exist in such Submissions.
The User hereby waives any claim to the contrary. However, unsolicited ideas for
any other reason may not be welcomed. If the User still sends them, then regardless
of what the posting, email, letter, or other transmission may say, (1) User’s idea
will automatically become the property of CapitalConnect, without any compensation
to the User; (2) CapitalConnect will have no obligation to return the idea to the
User or respond to the User in any way; (3) CapitalConnect will have no obligation
to keep the idea confidential; and (4) CapitalConnect may use the idea for any purpose
whatsoever, including giving the idea to others.
- Copyrights and Copyright Agents
- CapitalConnect respects the intellectual property of others and requests the User
to do the same. If the User believes that it/her/his work has been copied in a way
that constitutes copyright infringement, the User should provide CapitalConnect’s
Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyrighted interest;
- A description of the copyrighted work that the User claims has been infringed;
- A description of where the material that the User claims is infringing is located
on the Site;
- The address, telephone number, and e-mail address of the User; and
- A statement by the User that it/she/he has a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law.
CapitalConnect’s Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached on
copyrights@edacapitalconnect.com.
- Confidentiality
- The information provided by the User on the Site from time to time may include information
of a confidential nature. CapitalConnect shall use such information for the intended
purpose and shall not disclose such information, whether directly or indirectly,
to any third party, other than as is required to carry out the purposes of this
Terms of Use, or as is required by law, or to protect the interests or rights of
CapitalConnect in good faith.
- The User undertakes not to disclose to any other person, in any manner whatsoever,
any information relating to CapitalConnect of a confidential nature obtained in
the course of availing the services through the Site. Failure to comply with this
obligation shall be deemed a serious breach of the Terms and Use and shall entitle
CapitalConnect terminate the services, without prejudice to any damages, to which
the User may be entitled otherwise.
- Aggregate and "click stream" information CapitalConnect collects aggregate information
about the User and the User’s use of CapitalConnect’s services, whether the User
has an account or not. For instance, CapitalConnect may collect various forms of
click stream information such as IP address information, entry and exit points for
the Site (i.e., referring URLs or domains), search terms, site traffic, page views,
impressions, and operating system and browser type. Such aggregate information generally
will not personally identify the User or be correlated to it/her/him. If CapitalConnect
does correlate any aggregate information to the User specifically, CapitalConnect
will do so for its internal use only and will not disclose such information to any
third party. CapitalConnect may collect, compile, store, publish, promote, report,
sell, or otherwise disclose or use any and all aggregate information, provided that,
such information does not personally identify the User.
- Caution For International Use
- As the Site is accessible from all over the world, the User agrees to comply with
all applicable laws, regulations and rules regarding the transmission of technical
data imported and exported from India or the country in which the User resides and
with all local laws, regulations and rules regarding acceptable use of and conduct
on the Internet. In addition to complying with the above, the User agrees to use
the Site, linked sites and services available on or through the Site and any linked
Sites for lawful purposes only and in a manner consistent with local, national or
international laws, regulations and rules.
- If the User is visiting the Site from the European Union, US or other regions with
laws governing data collection and use that may differ from Indian law, please note
that you are transferring your personal data to India which does not have the same
data protection laws as the EU or the USA and by providing your personal data you
consent to:
- the use of your personal data for the uses identified in accordance with this Privacy
Policy and the Terms of Use; and and
- the transfer of your personal data to the India as indicated above.
- Indemnification
The User agrees to indemnify, defend and hold CapitalConnect and its partners, attorneys,
and staff (“Affiliated Parties”) harmless from any liability, loss, claim and expense,
including reasonable attorneys’ fees, related to, directly or indirectly, the User’s
violation of this Terms of Use or any submission made through the User’s Login ID
or password or it/her/his use of the Site and/or its content.
- Limitation Of Liability
CapitalConnect is not responsible for any liability arising out of the services
and/or any material linked through the services. In no event will CapitalConnect
or its directors or employees or others connected with the Site be held liable for
any incidental, indirect, special, consequential or punitive damages arising out
of the use of or inability to access the Site or services provided through it, including,
without limitation, damages, computer failure, loss of profits, loss of reputation,
loss of data or any and all other commercial losses, even if CapitalConnect had
been advised of the possibility of such damages.
- Entire Terms of Use
This Terms of Use constitutes the entire understanding between CapitalConnect and
the User, and supersedes all prior agreements, representations, warranties and understandings
with respect to the Site, the content, services provided by or through the Site,
and the subject matter of this Terms of Use. CapitalConnect’s failure to enforce
any provision of this Agreement shall not be deemed a waiver of such provision nor
of the right to enforce such provision. If CapitalConnect waives any provision of
this Terms of Use, such waiver, to be effective, must be in writing and signed by
the authorized signatory of CapitalConnect. Waiver of any breach or default under
this Agreement shall not be deemed to be a waiver of any preceding or subsequent
breach or default.
- Disclaimer of Warranties
The Site provides no express or implied warranties of any kind. The content on the
Site is provided on an "as is" basis. CapitalConnect and its agents, affiliates
and licensors cannot and do not warrant the accuracy, completeness, timeliness,
non-infringement, title, merchantability or fitness for a particular purpose of
the content or the Site, and CapitalConnect hereby disclaims any and all such express
or implied warranties. Please read through the Disclaimer which forms part of this
Terms of Use.
- Termination
CapitalConnect may terminate, at its sole discretion, the access of the User to
the Site if it finds that the User has violated Terms of Use or has not complied
with any regulatory, legislative provisions, or for any other reasons.
- Governing Law and Jurisdiction
This Terms of Use (including the Privacy Policy and Disclaimer) shall be governed
by and construed in accordance with the laws of from time to time in force in India
without regard to conflict of law principles. CapitalConnect and User submit to
the exclusive jurisdiction of courts in New Delhi in all disputes arising in relation
to the use of the services on the Site. If any part of this Terms of Use is determined
by a court of competent jurisdiction to be invalid or unenforceable, it will not
impact any other provision of this Terms of Use, all of which will remain in full
force and effect.
|
|
|
|
Last Update on April 16, 2008.
|
|