TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ENTERING THIS WEBSITE.
This is an Agreement between you (hereinafter referred to as “you” or “your” or “User”) and TiE Mumbai, a trust having its principal office at 207, Turf Estate, Shakti Mill Lane, Off Dr. E. Moses Road, Mahalaxmi, Mumbai - 400011 (hereinafter referred to as “TiE Mumbai” or “we” or “our”) that governs the access and use of the www.enterprising.in website (hereinafter referred to as “Website”). When you access and/ or use the Website, you agree to be bound by these Terms and Conditions.
1. PROPERTY
The Website, being an initiative of TiE Mumbai has been hosted by and on behalf of TiE Mumbai and you agree that you will be allowed to access and use the Website only on acceptance of the terms and conditions set out below.
2. ACCEPTANCE OF THE TERMS AND CONDITIONS
By checking on the acceptance box on the registration page, which states ‘I agree to the Terms and Conditions of Use outlined herein’ you indicate acceptance of the terms and conditions of this Agreement and limitation of liability as set out in this Agreement. Such acceptance shall be either on your own behalf and/or on behalf of any corporate entity which employs you and/or which you represent.
By becoming a User, you acknowledge that you have read and understood the terms and conditions outlined herein and agree to be bound by all of its provisions. Further, you shall receive regular updates from the Website from time to time on the email-id provided by you at the time of registration.
3. CHANGES IN AGREEMENT
1. We reserve the right to periodically change the Terms and Conditions outlined herein with or without notice, as we may deem fit. You shall be responsible for periodically checking these Terms and Conditions for such changes thereto. The changed Terms and Conditions shall become effective immediately upon our displaying them onto the Website and any access and use of the Website after accepting the changed Terms and Conditions that have been published on the Website signifies your deemed consent to the changes.
4. ELIGIBILITY
1. You represent that you are of legal age to enter into a valid and binding contract as per applicable laws and have full power and authority to execute this Agreement and by doing so, you will not violate any other agreement to which you are a party.
5. REGISTRATION DATA; ACCOUNT SECURITY
1. In consideration of your use of the Website, you agree to (i) provide accurate, current and complete information about you as may be requested for by the Website for personal identification purposes (hereinafter referred to as "Personal Data"); (ii) maintain and promptly update the Personal Data; and (iii) be fully responsible for all use of your account and for any actions that take place using your account.
2. You have the right to decide how much information and details you wish to share about yourself in this Website, save and except the information marked as necessary in the Website.
3. By submitting any information to us, you represent and warrant that such submission is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. You further agree to inform us if any such information has changed since your registration with this Website and make such modifications yourself to your profile, as may be applicable.
4. We have no obligation to verify the identity of any Users who are connected to the Website or to supervise the content as provided by other Users.
5. You shall be responsible to keep your password and account confidential and not let other Users use/access your account. We shall not be responsible for anything arising out of your use of the Website; unless it is on account of a breach from our side and it is proven that your account security was compromised due to a fault of our server/network.
6. Please inform us immediately if you have reason to believe that someone is misusing your account and information therein.
6. OWNERSHIP OF MATERIALS AND COPIES
1. You agree that the Website and its contents, including but not limited to the text, images, graphics, audio-visuals, videos, artworks, imaging, positioning, use or combination of colours, images, combination of fonts, together with all content, information and data posted herein are exclusive properties of TiE Mumbai, and TiE Mumbai hereby asserts and retains its ownership of the Website. All documentation as appearing on this Website are copyrighted and protected under applicable proprietary laws.
2. If you choose to submit something, including but not limited to any User generated content, ideas, concepts, techniques and data, (hereinafter referred to ‘Content’), please ensure to submit the appropriate copyright information on such Content as may be accurate and giving such credits to third parties, as may be applicable. For example, if you post an article of which you are the author, then it is your responsibility to mention the copyright in your name. All copies that you make of the information or Content on this Website must bear such copyright, trademark or other proprietary notice as mentioned in the Website that pertains to the information or Content being copied.
3. We reserve the right to reproduce, improve, distribute, add, re-publish and use in any manner as we may deem fit, your content, for promotional, and presentation purposes of this Website.
4. The Website may include various blogs, groups, discussion topics, comments, features and such other interactive features where Users shall be permitted to post their feedback, comments and the like. We do not take any responsibility whatsoever for other Users using/misusing such information shared/posted by you on the Website and in any of the interactive features present in the Website at any point in time.
5. Enterprising.IN, along with such other keywords, logos, taglines, service names, design marks, slogans, and all related trademarks and service marks, whether registered or unregistered or pending registration shall be owned by TiE Mumbai and/or its Affiliates and/or its Sponsor/s, as may be applicable. You are not authorized to use any name, mark, logo or tagline as displayed in the Website in any advertisements, publicity matter or in any other commercial manner without the prior written consent of TiE Mumbai.
Requests for authorization should be made to editor[at] enterprising[dot]IN.
7. DESCRIPTION OF WEBSITE
1. The Website is an aggregator of entrepreneurial knowledge and a collaboration platform for all entrepreneurs or those aspiring to be entrepreneurs.
2. The Website attempts to bring all entrepreneurs on a common platform wherein, they can discuss and share knowledge of their respective fields and come out with new and innovative ideas for their growth and facilitates networking and sharing amongst entrepreneurs. You can add other Users to your network and/or subscribe to all the activities and posts of such Users including but not limited to profile updates, status updates, network additions and so on.
3. If you choose to visit and/ or access and use this Website, download and peruse the information and data herein, you understand and agree that the following Terms and Conditions govern your use of the Services. You understand and agree that the Services are provided on an “as-is-basis”. We disclaim all responsibility and liability, in any manner whatsoever, for the availability, timelines, security or reliability of the Services. Further, we reserve the right to modify, suspend, remove or discontinue the Services with or without notice at any time and without any liability to you.
8. USERS AND THEIR ACTIVITIES
8.1 Normal Users are Users who sign up on the Website (you may be auto-signed up if you were a delegate at TiE Entrepreneurial Summit '09 with an option to delete your account) and have to create and update their profiles that include their email id, organization name, phase of entrepreneurship, purpose of signing up, subjective profile, area of interest, website and social media details and such other details as may be required from time to time. You can add/post content in most areas (except 'Expert Columns') and comment, rate and share all the content that exists on the portal. You can also add other members to their network if required.
8.2 Expert Users are Users who are invited (we create their profiles or they create it themselves after we have provided such privilege) to post content in all sections and can do all the other activities similar to a normal user.
8.3 Knowledge Partners are special users who are treated as a brand, being our Knowledge Partners. They have similar privileges as an Expert User though with such restrictions as we may deem fit from time to time. Typically, all Knowledge Partners will be given better visibility and engagements as a brand.
8.4 Editor/Admin/Manager of the Website shall be employee/s, consultant/s or affiliate/s of TiE Mumbai including such third parties as may be authorised by TiE Mumbai, who would be controlling the Website, having significantly higher privileges than others.
9. TERMS OF USE OF THE WEBSITE SERVICES
1. You are permitted to view, use and copy the information and data hosted on this Website for fair use, non-commercial and information purposes only.
2. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to this Website.
3. You agree not to use this Website to compile a collection of listings, including a competing listing product or service.
4. You agree not to use this Website or any information or data therein for any unsolicited commercial e-mail.
5. You agree not to translate, modify, revise or create derivative works based on the information and data, except as expressly permitted by the law of this Agreement.
6. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Content or Personal Data posted on this Website.
7. You agree that you will not post Content and/or any information and/or initiate discussions that are pornographic in nature, invasive of privacy or publicity rights, unlawful, libelous, obscene, discriminatory, abusive, hateful- racially, ethnically or otherwise objectionable, inciting violence or communal tensions in other Users/general public from any purported use of this Website.
8. You understand that this license is revocable at any time without notice and with or without cause.
9. Please note third party service providers for different social networking profiles have their individual terms and conditions of use, and when you access/ use the services or products of such third party service providers, you shall be subject to the terms and conditions of such third party service providers. In case of any discrepancy between these terms and conditions and the terms and conditions specific to that third party service provider, the terms and conditions of the third party service provider shall prevail so long as the specific services and/ or products of these third party service providers are being used and/or accessed.
10. USER CONTENT POSTED ON THE WEBSITE
1. You understand that you are solely responsible for the Content including but not limited to photos, profiles, information, advertisements and other content that you upload, publish or display on the Website or transmit to or share with other users of the Website.
2. You hereby undertake to not post, transmit, or share Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that we may review the Website and may delete or remove (without notice) any User Content in our sole discretion. You are solely responsible at your own cost and expense for creating backup copies and replacing any User Content you post or store on the Website.
3. By posting User Content to any part of the Website, including any third party service rendered “tabs” you automatically grant, and you represent and warrant that you have the right to grant to us an irrevocable, perpetual, non-exclusive, transferable, fully paid up, worldwide license including the right to sublicense, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose we may deem fit.
4. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your User Content.
5. You retain full and complete ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
11. DISCLAIMERS
1. The information/ data and products on this Website, including but not limited to text, images, graphics, audio-visuals, videos and links is provided “as-is” and without warranties of any kind, whether express or implied, including but not limited to an implied warranty of accuracy, completeness, reliability, merchantability or fitness for a particular purpose.
2. Any information/ data and Content provided in this Website about third party service providers and/ or TiE- Mumbai and/ or any conclusions based on the available information/ data does not necessarily reflect the view/s of TiE-Mumbai and/ or its Affiliates.
3. Visitors to this Website access the Website at their own risk.
4. The photographs, images, audio-visuals and the videos used herein are purely for illustrative purposes only.
5. This Website may include content inaccuracies or typographical errors, and we make no guarantees, nor shall we be held responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any resulting loss or damage therein.
6. You may report any such content inaccuracies as stated hereinabove, to the “Report Abuse” feature provided in the Website for this purpose, with such details of the inaccuracies as may be mandatorily required, which shall have the effect of immediately hiding the content that you deem inappropriate. Thereafter, the reported content inaccuracies may be taken into account by the Website Editor and the author, who may accordingly delete or republish the Content as the Website Editor may deem fit under the supervision of TiE Mumbai.
7. Unauthorized access, reproduction, redistribution, transmission and/or dealing with the Content and/or any information contained in this Website in any other manner, either in whole or in part, is strictly prohibited, failing which strict legal action will be initiated against you.
8. You may have arrived on this Website through a link provided by a third party, who may have no connection to this Website. We neither endorse the contents of such websites nor their creators or hosts unless expressly stated in writing otherwise.
9. We may also provide certain links to other third party websites within this Website for reference purposes. You understand that this is purely for your understanding and convenience, and any decision that you might take on the basis of such reading is entirely your choice. We neither endorse the contents of such websites nor do we endorse the creators or the hosts of such website, unless expressly stated in writing otherwise.
10. When you click on advertiser banners, sponsor links, or other external links from this Website, your browser automatically may direct you to a new browser window that is not hosted or controlled by TiE Mumbai. We are not responsible for the content, functionality, authenticity or technological safety of these external websites. We reserve the right to disable links to or from third-party sites to our Website, as we may deem fit. This right to disable links includes links to or from advertisers, sponsors, and Knowledge Partners that may use our trademarks as part of a co-branding relationship.
11. Some external links may produce information that you may find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Websites.
12. LIMITATION ON LIABILITY
1. You agree to access and use this Website and such other external link/s provided herein and the content thereof at your own risk.
2. Any Content/information posted on any part of this Website, shall, at all times, adhere to the Terms and Conditions of Use of the Website. TiE Mumbai, its affiliates or service providers, shall not, be responsible or liable, in any manner whatsoever for any direct, indirect, incidental, consequential or punitive damages arising out of any act/s, omission/s of the Users, access, use or inability to use this Website or such other external link/s provided herein, including but not limited to any errors or omissions in the content thereof, loss of data, revenue, profits, property, attack by viruses, failure to provide Website Services and the like.
3. Neither TiE Mumbai nor any party involved in creation, production or delivery of this Website or whose materials or information/data appear in this Website shall be liable for any damages, including without limitation to, any failure of performance, error, omission, interruption, defect thereof or any loss of data or information when the Website may be down/under maintenance.
4. TiE MUMBAI DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY IN ANY MANNER WHATSOEVER FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, CONTENT OR PROCESS DISCLOSED ON THIS WEBSITE OR OTHER MATERIALS ACCESSIBLE FROM THIS WEBSITE.
5. YOU, THE USER OF THIS WEBSITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
6. IF YOU INSTALL APPLICATIONS, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THE APPLICATION TERMS OF USE PLATFORM ("APPLICATION USER TERMS") AND IN THESE TERMS OF USE. THE APPLICATION USER TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AT ANY TIME, IN TiE MUMBAI’S SOLE DISCRETION, SO YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME AND EVERY TIME YOU INSTALL AN APPLICATION AND. FURTHER SUCH APPLICATIONS MAY REQUIRE YOU TO AGREE TO THEIR OWN TERMS OF SERVICE, PRIVACY POLICIES AND/ OR OTHER POLICIES AS A CONDITION PRECEDENT. IT IS SPECIFIED HEREIN THAT SUCH APPLICATIONS HAVE NOT BEEN APPROVED, ENDORSED, OR REVIEWED IN ANY MANNER BY TiE- MUMBAI. YOU USE SUCH APPLICATIONS AT YOUR OWN RISK.
13. INDEMNIFICATION
1. You agree to indemnify, defend and hold harmless TiE Mumbai from and against any and all loss, damages, claims, liabilities, expenses and costs, including, without limitation, regulatory penalties, attorneys’ fees and costs incurred by TiE Mumbai in connection with any claim arising out of your use of the Website Services or any breach by you of the terms and conditions herein or due to infringement of the trademark, copyright or any other intellectual property rights of TiE Mumbai or any other third party service provider and/or your violation of any other law related hereto.
14. GOVERNING LAW
1. The Terms mentioned hereunder will be governed by and construed in accordance with the laws of India. The courts in Mumbai, Maharashtra shall have sole and exclusive jurisdiction in respect of all matters arising herein.
15. DISPUTE RESOLUTION
1. Any dispute, controversy or claims arising out of, or relating to this Agreement or the breach, termination or invalidity thereof, which cannot be amicably settled in a manner as envisaged hereinabove shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any modifications thereof.
2. The arbitral tribunal shall be composed of three arbitrators. Each party shall appoint one arbitrator each and the two arbitrators so appointed shall appoint the presiding arbitrator.
3. The place of arbitration shall be Mumbai and the proceedings shall be conducted in the English language.
4. The award of the arbitrator shall be final and conclusive and binding upon the Parties.
16. NO THIRD PARTY RIGHTS
16.1 Neither this Agreement nor any provision hereof is intended to confer upon any person or third party any rights or remedies hereunder, save and except the Parties to this Agreement.
17. SEVERABILITY
1. The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement.
18. NOTICES AND NOTIFICATIONS
1. Any notice or notification required to be given under the provisions of this Agreement must be in writing. Any notice required to be given is to be treated as properly given if the said notice is served by registered post or courier of repute at the address mentioned hereinabove or sent by electronic mail to us at the following address:
TiE Mumbai, 207, Turf Estate, Shakti Mill Lane, Off Dr. E. Moses Road,
Mahalaxmi, Mumbai 400011.
Email: editor[at]enterprising[dot]IN
19. FORCE MAJEURE
1. In no event shall TiE Mumbai shall be considered in default in performance or its obligations under the terms of this Agreement, if such performance is prevented or delayed for any causes beyond its reasonable control including but not limited to power failure, network failure, war, act of terrorism, hostilities, revolution, riots, civil commotion, strikes, lockouts, epidemic, fire, explosion, flood, earthquake, act of hacking or cybercrime, act of God or any act of Government or any other cause beyond the control of TiE Mumbai which could not have been foreseen or avoided.
20. WAIVER
1. The waiver of any breach or default of the terms of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. Any waiver of any provision of the Terms and Conditions herein will be effective only if in writing and signed by you and Tie Mumbai.
21. ENTIRE AGREEMENT
1. You acknowledge having read the terms and conditions mentioned in this Agreement, and agree to be bound by its terms and further agree that it is binding between you and TiE Mumbai, superseding all prior understandings and agreements, oral and/ or written entered into between us relating to the subject matter of this Agreement. The Privacy Policy outlined in this Website shall form part of this Agreement.
2. TiE Mumbai reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action it deems fit and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or such other third parties.
3. This Website is governed by this Agreement, the disclaimers and the Privacy Policy posted herein, which shall be read in conjunction with each other. In the event of any differences between the Agreement, disclaimers and the Privacy Policy, the terms and conditions of this Agreement shall prevail.
Legal Inputs by: Universal Legal, Attorneys at Law
Exclusive Affiliates of The Chugh Firm, USA