- ACCEPTANCE OF TERMS
In using the service of IBG you are deemed to have accepted the terms and conditions listed below. All products/services and information displayed on the Website constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. IBG reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your membership and email you again to confirm details and therefore process any transactions made on the Website.
- ELIGIBILITY FOR MEMBERSHIP
Use of the Website 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 un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material that is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited. IBG reserves the right to terminate your membership and refuse to provide you with access to the Website if IBG discovers that you are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by IBG for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Should you require any clarifications in relation to the Terms/Agreement, please feel free to contact us at firstname.lastname@example.org.
- DESCRIPTION OF SERVICE
The IBG website currently provides Clients and other users with access to a rich collection of resources, including, various communications tools, forums, file areas, and personalized content through its online interface (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms.
Client is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). Client is responsible for those fees. In addition, Client must provide and is responsible for all equipment necessary to access the Service.
- REGISTRATION OBLIGATIONS
In consideration of use of the Service, Client agrees to the best of their abilities to: (a) provide current and complete information about themselves, their organization and its users (such information being the “Registration Data”) and (b) maintain and update the Registration Data to keep it current and complete. In addition, Client understands that in order to keep them informed of IBG business items and events, that the IBG will on a periodic basis send email based communications to the Client notifying them of such items and events. Client agrees that receiving these emails is a part of their use of the Service, and if they wish to not receive these emails they must terminate their account.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
Client’s users will receive a username and password as part of the Service’s registration process. Client is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under such password or account. Client agrees to (a) immediately notify the IBG or its representatives of any unauthorized use of Client’s password or account or any other breach of security, and (b) ensure that Client exits from its account at the end of each session. The IBG and its representatives will not be liable for any loss or damage arising from Client’s failure to comply with this Clause 6.
- MEMBER CONDUCT
Client understands that all information, data, text, software, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Client, and not the IBG or its representatives, is entirely responsible for all Content that it uploads, posts, emails, transmits or otherwise makes available via the Service. The IBG and its representatives do not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Client agrees to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable;
- harm minors in any way;
- impersonate any person or entity, including, or falsely state or otherwise misrepresent its affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that Client does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service
- intentionally violate any applicable local, state, national or international law,
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
Client acknowledges that the IBG and its representatives do not pre-screen Content, but that the IBG and its representatives shall have the right (but not the obligation) in their sole discretion to reclassify within the Service any Content that is available via the Service. Without limiting the foregoing, the IBG and its representatives shall have the right to remove any Content that violates the Terms. Client understands that the technical processing and transmission of the Service, including its Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, Client agrees to comply with all applicable laws of the India regarding online conduct and acceptable Content. Specifically, Client agrees to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which Client resides.
Client agrees to indemnify and hold the IBG and its representatives, their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Content Client submits, posts, transmits or makes available through the Service, or breach of the Terms.
- NO RESALE OF SERVICE
Client agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- DEALINGS WITH ADVERTISERS
Client’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Client and such advertiser. Client agrees that the IBG and its representatives shall not be responsible or liable for 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 Service.
The IBG website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the IBG and its representatives have no control over such sites and resources, Client acknowledges and agrees that the IBG and its representatives are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Client further acknowledges and agrees that the IBG and its representatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party sites or resources, or any goods or services available on or through any such site or resource.
- IBG’s PROPRIETARY RIGHTS
Client acknowledges and agrees that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Client further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Client through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the IBG and its representatives, or advertisers, Client agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The IBG grants Client a personal, non-transferable and non-exclusive right and license to use the object code of its Software on their computer; provided that Client does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Client agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Client agrees not to access the Service by any means other than through the interface that is provided by the IBG and its representatives for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT:
CLIENT’S USE OF THE SERVICE IS AT ITS SOLE RISK TO THE EXTENT PERMITTED BY LAW. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IBG AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IBG AND ITS REPRESENTATIVES MAKE NO WARRANTY THAT (i) THE SERVICE AND INFORMATION RECEIVED THROUGH THE SERVICE WILL MEET CLIENT’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, (iii) ANY INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CLIENT’S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S COMPUTER SYSTEMS AND NETWORKS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, VIEWING OR USE OF ANY SUCH MATERIAL.
- SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If Client receives or requests any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, such information is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. IBG and it representatives, and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to Client may be made via email. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. Any Notice that Client is required or may desire to give to the Terms and its representatives under or in conjunction with the Terms or any agreement between the parties shall be made via email to email@example.com and shall be deemed to have been duly delivered based on the date that the electronic mail is received by the IBG mail servers.
- TRADEMARKS AND LOGOS.
All trademarks, service marks, trade names or other words or symbols (“Marks”) identifying IBG and its representatives will remain such Party’s exclusive property. Client agrees to not take any action that jeopardizes the other Party’s proprietary rights or acquire any rights in the Marks. Except as specifically stated otherwise in an addendum or amendment hereto, no license to use any IBG logo, or the logos of their representatives is granted in this section.
- GENERAL INFORMATION
The Terms/Agreement between Client and the IBG and its representatives constitute the entire agreement between client and the IBG and its representatives and govern your use of the Service, superseding any prior agreements between you and the IBG and its representatives. The failure of the IBG or its representatives to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
- AMENDMENT AND ASSIGNMENT
IBG reserves the right to unilaterally amend or modify this Agreement without giving any prior notification to the Client. IBG shall however publish the revised agreement on the Website so that the Client is aware of the revisions, modifications and amendments made by IBG to this Agreement. The Client is not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and the Client only shall be held liable for any breach of this Agreement or any terms and conditions hereof.
- GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of India and the courts in New Delhi, India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
- ENTIRE AGREEMENT
If you have any grievance with respect to the Website or the Services, including any discrepancies and grievances with respect to processing of information, the Client can contact:
Name: Archit Singhal