Last updated: January 01, 2020
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR REGISTERING WITH THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, CII – iPATE (the “Website”), as facilitated by Confederation of Indian Industry (“Business Name”) to offer various services while registering on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Confederation of Indian Industry reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Confederation of Indian Industry will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Confederation of Indian Industry encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Confederation of Indian Industry for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for certain services (the “Services”). By registering for Services through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Confederation of Indian Industry sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Confederation of Indian Industry and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt-out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: [email protected]. 3. You may send a written remove request to [email protected].
Proprietary Rights. Confederation of Indian Industry and CALNESTOR Knowledge Solutions have proprietary rights and trade secrets in the Services. You may not copy, reproduce, resell or redistribute any Service, as facilitated by Confederation of Indian Industry and Confederation of Indian Industry also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
General Sales Tax. If you purchase any Services, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. In addition to making Services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. Confederation of Indian Industry does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Confederation of Indian Industry does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Confederation of Indian Industry does not endorse the contents on any such third-party websites. Confederation of Indian Industry is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Confederation of Indian Industry is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Confederation of Indian Industry or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Confederation of Indian Industry a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Confederation of Indian Industry does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Confederation of Indian Industry is not liable for any damage or harm resulting from any posts by or interactions between users. Confederation of Indian Industry reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Confederation of Indian Industry deems objectionable, in its sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONFEDERATION OF INDIAN INDUSTRY EXPRESSLY DISCLAIMS ALL GUARANTIES / WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF IT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONFEDERATION OF INDIAN INDUSTRY MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
REGARDING ANY SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE.
IV. LIMITATION OF LIABILITY
CONFEDERATION OF INDIAN INDUSTRY ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, PURCHASED VIA THE WEBSITE.
CONFEDERATION OF INDIAN INDUSTRY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT; (3) ANY SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
You will release, indemnify, defend and hold harmless Confederation of Indian Industry, and any of its partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Confederation of Indian Industry. When Confederation of Indian Industry is threatened with suit or sued by a third party, Confederation of Indian Industry may seek written assurances from you concerning your promise to indemnify Confederation of Indian Industry; your failure to provide such assurances may be considered by Confederation of Indian Industry to be a material breach of this Agreement. Confederation of Indian Industry will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Confederation of Indian Industry choice at its expense. Confederation of Indian Industry will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Confederation of Indian Industry against any claim, but you must receive Confederation of Indian Industry prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. Confederation of Indian Industry will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Confederation of Indian Industry may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Services.
Entire Agreement. This Agreement comprises the entire agreement between you and Confederation of Indian Industry and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Confederation of Indian Industry to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from New Delhi, India. This Agreement will be governed by the laws of New Delhi without regard to its conflict of law principles to the contrary. Neither you nor Confederation of Indian Industry will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in New Delhi By using this Website or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Confederation of Indian Industry reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Confederation of Indian Industry may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Website is terminated, Confederation of Indian Industry reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Confederation of Indian Industry chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Confederation of Indian Industry makes no representation that the Website or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Confederation of Indian Industry may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IX. CII – iPATE “DOs” and “DON’Ts.”
Dos. You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Use the Services in a professional manner.
Don’ts. You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by CII – iPATE);
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity on CII iPATE;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a Member profile for anyone other than yourself (a real person);
- Invite people you do not know to join your community;
- Use or attempt to use another’s account;
- Harass, abuse or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of CII – iPATE, including, without limitation, using the word “CII – iPATE” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
- Use CII – iPATE invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by CII – iPATE;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Create profiles or provide content that promotes escort services or prostitution;
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Copy or use the information, content or data on CII – iPATE in connection with a competitive service (as determined by CII – iPATE);
- Copy, modify or create derivative works of CII – iPATE, the Services or any related technology (except as expressly authorized by CII – iPATE);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by CII – iPATE without our express consent (e.g., representing yourself as an accredited CII – iPATE trainer);
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Sell, sponsor, or otherwise monetize CII – iPATE Group or any other feature of the Services, without CII – iPATE consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on CII – iPATE (as set forth in the Brand Guidelines), without CII – iPATE consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy, or transfer any information obtained from CII – iPATE without the consent of CII – iPATE;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by CII – iPATE;
- Override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);