1. Acceptance of Terms, etc
1.2. You consent to have these Terms and all notices provided to you in electronic form.
2.1. By using the Website and in order to be competent to contract under applicable law, you represent and warrant that you are at least 18 (eighteen) years of age and not a minor in any jurisdiction from where you access the Website.
2.2. By using the Website, you hereby represent and warrant to us that you have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.
2.3. By using the Website, you represent and warrant that you have never been convicted under the law of any country, concerning any matter concerning or relating to any sexual offence, criminal intimidation, obscenity, defamation and the like.
3. Website Access
3.2. Your account as well as other details you provide us through the Website must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and you are solely responsible and liable for any and all usage and activity on the Website that takes place under your account.
3.3. By agreeing to these Terms, you grant us the permission to send electronic communications to you as part of our offering. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from us and our partners. Should you no longer wish to receive such electronic communications, you may write to us at firstname.lastname@example.org.
3.4. Any account you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person or entity to access or use your account in any way whatsoever.
4. Website Usage
4.1. The Website is strictly available for your personal and non-commercial use only.
4.2. You are hereby strictly prohibited from and against:
(i) undertaking any marketing, promotion, advertising or soliciting any other Website user to buy or sell any products or services whether through the Website or not;
(ii) transmitting any chain letters, junk, bulk or spam e-mail or other unsolicited communications of any kind whatsoever to other Website users or publishing the same on the Website or anywhere else;
(iii) defaming, stalking, harassing, abusing or contacting any Website user or any other person or entity with a malicious intent or using their details for any purpose not expressly permitted under these Terms;
(iv) using the Website or our services for any commercial use or activity, including for any unlawful or unauthorized activity;
(v) using any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
(vi) collecting any personal information of any Website users by forcing any Website user by electronic or any other means and for any purpose, not expressly permitted under these Terms;
(vii) undertaking any unauthorized framing of or linking to the Website or “frame” or “mirror” any part of the Website, without our prior written authorization;
(viii) interfere with, obstruct, destroy or disrupt the Website or the servers or networks connected to the Website, whether partly or fully and whether permanently or temporarily;
(ix) use meta tags, code, programs or other devices, tools or technology containing any reference to us or the Website (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other Website or application for any purpose; and
(x) directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website.
4.3. It is hereby expressly clarified that any of the aforesaid acts undertaken by you shall be to your sole liability, responsibility, risk and consequences and you hereby agree to indemnify us for the same.
4.4. You agree to take all necessary precautions in all your interactions with other Website users when you communicate with them whether through the Website or off the Website or meet in person.
5. Account Security
You shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of your Website log-in (username and password) details as well as for any and all activities that occur under your log-in. You agree to immediately notify us of any disclosure or unauthorized use of your log-in or any other breach of security at email@example.com and ensure that you log-out from your account at the end of each session.
6. Proprietary Rights
6.1. You confirm and agree that (i) we and/or our partners are the owners are the owner of the proprietary information made available to you through the Website; and (ii) we are the proprietors of the INTELIGNIS word and logo; and hereby retain all proprietary and intellectual property rights in the same.
6.2. We may upload/publish/post any copyrighted information and materials on the Website, whether having copyright protection or not and whether bearing any trademark or not, or which may be identified as copyright or a trademark.
6.3. You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any
way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the Website without first obtaining our prior written consent.
6.4. Other Website users may upload/publish/post any copyrighted information, which may have copyright protection or not or which may be identified as copyright. You undertake not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information in any way and for any purpose whatsoever.
6.5. By posting information or content to any profile pages or public area of the Website, you grant us unconditionally and in perpetuity, and represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, we may modify, add or vary existing features or programs of the Website or create, add, test or implement new features or programs on the Website in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, you grant us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these Terms.
7. User Information
7.2. Notwithstanding any other provisions of these Terms, we reserve the right to disclose any information that you submit to us, if in our sole opinion, we reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, court officials, expert professional investigative agencies and the like) or for any legal process; (ii) for enforcing these Terms; (iii) for protecting or defending ours, any Website user or any third party's rights or property; (iv) for supporting any fraud/ legal investigation/ verification checks; (v) as the information involves a party who may be a victim of any abuse in any form; or (vi) in connection with a corporate transaction, including but not limited to sale of our business, merger, consolidation, or in the unlikely event of bankruptcy. You acknowledge and understand the provisions of this Clause and grant us an unconditional, perpetual right and permission to make such disclosure.
7.3. By using the Website, you hereby permit us to use the information you provide us, including your experiences to facilitate us to improve the Website and its functionality as well as for promotional purposes, including the permission to publish your non-personal information in any of our partner websites.
8. Content Posted By You
8.1. You are solely responsible for any and all content or information that you post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter collectively referred to as “publish”) on the Website or transmit to other Website users, including text messages, chat, audio, video, photographs, images, graphics or any combination thereof, whether publicly published or privately transmitted (hereinafter collectively referred to as “Content”).
8.2. We do not verify or validate the completeness, accuracy or truth of any Content you publish on or through the Website. We are not the publisher of the Content and only provide you with a technology platform to facilitate you to publish such Content. Further, we are merely acting as an “intermediary” as per the Information Technology Act, 2000 and rules (Information Technology (Intermediaries Guidelines) Rules, 2011) made thereunder and as may be amended from time to time. We assume no responsibility or liability of any sort whatsoever for providing a technology platform to our Website users to facilitate them to publish their Content. To protect the integrity of the Website, we reserve the right to exercise editorial control over your Content, including the right to block any Website user from accessing the Website, whether temporarily or permanently.
8.3. You shall not publish to us or to any other Website user (either on or off the Website), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).
8.4. You represent and warrant that (i) all information and Content that you submit upon creation of your Website account, including information submitted from any permissible linked third party account, is accurate, complete and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to publish the Content on the Website and grant the licenses as agreed in these Terms.
8.5. You understand and agree that we have the right but not the obligation to monitor or review any Content you publish on the Website. We may delete any Content, in whole or in part, that in our sole judgment violates these Terms or may harm the reputation of the Website or ours or other Website users.
8.6. By publishing Content on the Website, you automatically grant us and to our affiliates, licensees, successors and assigns, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any publishing and use of your Content by us will not infringe or violate the rights of any third party.
8.7. You shall not publish or otherwise make available Content that:
(i) promotes racism, bigotry, hatred or physical harm or injury of any kind against any religion, group, community or individual;
(ii) advocates harassment or intimidation of another person;
(iii) relates to or promotes or encourages money laundering, sex trafficking or gambling;
(iv) requests money from, or is intended to otherwise defraud, other users of the Website;
(v) involves the transmission of “junk mail”, “chain letters,” or “spamming” or similar activities;
(vi) is offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate;
(vii) belongs to another person and to which you are already aware that the same does not belong to you or that you do not have any right to the same;
(viii) directly or indirectly deals with child pornography;
(ix) is an illegal or unauthorized copy of another person’s copyrighted work;
(x) contains video, audio, photographs or images of any person without his or her permission (or in the case of a minor, the minor’s legal guardian);
(xi) contains unauthorized, restricted or password only access pages or hidden pages or images;
(xii) provides material or any content that exploits people in a sexual, violent, obscene or other illegal manner, or solicits personal information from anyone for any purpose not expressly permitted hereunder;
(xiii) provides information about illegal activities prohibited by applicable laws;
(xiv) contains or disseminates viruses, time bombs, trojan horses, worms or other harmful or disruptive codes, components or devices;
(xv) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
(xvi) provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
(xvii) disrupts the normal flow of communication between Website users or otherwise negatively affects a users’ ability to engage in real time communication through the Website;
(xviii) solicits passwords or personal identifiable information for commercial, unauthorized or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
(xix) contains any advertising or commercial messages not expressly permitted under these Terms;
(xx) infringes upon or violates any third party's right to privacy, including any intellectual property rights;
(xxi) hinders the Website functionality in any way or interferes or affects other Website users’ use and enjoyment of the Website; or (xxii) violates any applicable law for the time being in force.
We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates this Clause, including deleting or removing the offending Content from the Website and/or terminating or suspending the Website account of such violating user. Whilst we reserve our right to delete or remove such Content, we do not guarantee that such offensive Content will be removed or deleted. Failure by us to remove or delete such Content does not waive our right to remove or delete the same in subsequent or similar cases.
8.9. We assume no responsibility or liability for any deletion of or failure to store any of your Content.
9. Disclaimer and Limitation of Liability
9.1. We have provided the Website on an "AS IS" and "AS AVAILABLE" and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the Website or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the Website will always be secured, uninterrupted, available, error-free or will meet your requirements or expectations, or that any defects in the Website will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Website at all times and the results of the use of the Website. The entire risk of access and use of the Website lies with the Website user.
9.2. To the maximum extent permitted by law, and regardless of the form of action, neither we nor any of our directors, officers, employees or agents, shall be liable or have any responsibility of any kind to any Website user, or any other person or entity, for any inaccuracies, errors or omissions on the Website, or any information or offerings provided on or through the Website, nor for any loss or damage (whether direct or indirect) incurred in the event of any failure or interruption of the Website, or relating to ability or inability to access or use of the Website, regardless of cause. Under no circumstances shall we or our directors, officers, employees or agents be liable for any indirect, incidental, special or consequential damages (including lost
profits) with respect to the access or use of the Website or the information available thereon, regardless of whether such damages could have been foreseen or prevented.
9.3. From time to time, we may offer new features or tools which our Website users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
9.4. We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of the Website or any of our offerings.
You agree to indemnify, defend and hold us harmless, as well as our partner websites and affiliates, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Website, including but not limited to (i) any violation by you of these Terms, or (ii) any action arising from the Content that you publish on the Website or using the Website that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will co-operate fully in asserting any available defenses in such case.
11. Term and Termination
11.1. These Terms will remain in full force and effect while you use the Website or any part thereof, as a registered user.
11.2. You may terminate or disable your Website account at any time and for any reason by deleting your profile and Website account.
11.3. We may terminate or suspend, whether temporarily or permanently, your Website account at any time without notice and for any reason. Further, at our sole discretion, we may terminate or suspend, whether temporarily or permanently, your Website account at any time without notice if we reasonably believe that you have breached these Terms, or for any other reason, with or without cause. After your Website account is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
11.4. If we terminate or suspend your account because you have breached these Terms or Other Policies, you will not be entitled to any refund of unused subscription fees and for any fees towards any in-Website purchases, if applicable.
11.5. Following termination of these Terms, we will only retain and use your content in accordance with these Terms.
To facilitate any payment through the Website, we use third-party payment gateways for processing payments. We are not responsible for any delays or cancellation of orders due to any payment related issues. As we do not control such third-party technology, platforms, systems, and processes, we cannot be held liable or responsible for any error or fault at the end of such third party payment gateway service providers. We will accept payments on the Website through bank transfer, debit card, or credit card only.
13. Third Party Links
The Website may have reference to any names, marks, products/services of third parties or hypertext links to third party websites. Such information and links are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of any such third party, information, product or service. We will not be responsible for the content of any third party website and do not make any representation regarding the content or accuracy of material on such website. If you decide to use or link to any such third party website, you do so entirely at your own risk.
14. Refund & cancellation policy
14.1. In case a delegate would like to cancel their participation for some unexpected eventualities, such requests must be submitted via email at firstname.lastname@example.org, 4 weeks prior to the event in order to obtain a partial credit note for any future event organised by Intelignis.
14.2. The fees charged are strictly non-refundable.
14.3. If Intelignis would decide to cancel an ongoing event, the delegate would receive a 100% refund of their payment.
14.4. Non-attendance, otherwise referred to as a “no show” does not signify cancellation.
14.5. Intelignis will not be held responsible for events canceled for reasons beyond its control such as natural disasters, accidents, sabotage, trade or industrial disputes, an outbreak of disease, hostilities, terrorism, etc. However, a partial credit note would be given in each of the cases.
15. Modifications to the Website
We reserve the right at any time to modify or discontinue/suspend, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Any access or usage by you of the Website shall imply that you have accepted any new or modified Terms. Please re-visit these Terms from time to time to stay abreast of any changes that we may introduce.
16.1. Survival: Termination or suspension of your Website account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
16.2. Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. You irrevocably submit to the exclusive jurisdiction of any competent courts situated at India and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
16.3. No Assignment: These Terms are personal to you. You cannot assign your rights or obligations, whether partly or fully, to anyone.
16.4. Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
16.5. Waiver: No waiver of any term, provision or condition of these Terms whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.
17. Contact Us
Please contact us by email on email@example.com for any questions or comments regarding these Terms or pertaining to the Website.
Intelignis, 3, Suruchi, Shivaji Chowk, Malad East, Mumbai 400097, India. (GST - 27GWZPS2300J1ZV)
Last Updated on: 24/01/2021