PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
1. User Access
2. Acceptable Use
You agree not to use udyambandhu.com, any UdyamBandhu platform, UdyamBandhu API, UdyamBandhu Data Repository, UdyamBandhu Tools, UdyamBandhu Application, or UdyamBandhu Brand & Links (collectively referred to as the “UdyamBandhu Applications”) in any way that is unlawful, or harms UdyamBandhu, its service providers, its suppliers, your end users, or any other person. Use of the Online Services via mechanical, robotic, scripted or any other automated means without written prior approval by UdyamBandhu is strictly prohibited. Nothing herein grants such preapproval. Further, pursuant to Section 12 below, UdyamBandhu may terminate your use of and access to UdyamBandhu.com, the UdyamBandhu API, UdyamBandhu Data Repository, and UdyamBandhu Brand & Links or access thereof if and when UdyamBandhu determines that your use is inappropriate.
3. Copyright and Limited License
(3)(1) Unless otherwise indicated, all UdyamBandhu Applications and all content in UdyamBandhu Applications are the proprietary property of UdyamBandhu or its licensors or users. You are granted a limited, non-sublicensable, and nontransferable license to access and use the UdyamBandhu Applications and services.
(3)(2) On behalf of yourself and/or any of your contractors or agents, you agree not to: A) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, any UdyamBandhu Applications; B) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to any UdyamBandhu Applications or source code; C) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any UdyamBandhu Applications, including any copy thereof; D) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any UdyamBandhu Applications, or any features or functionality of any UdyamBandhu Application, to any third party for any reason, including by making the foregoing available on a network where it is capable of being accessed by more than one device at any time.
4. Children Under the Age of 16
6. User Content
UdyamBandhu allows users to upload datasets, create content in form of pages, visualizations and tables, and collaborate with other users. You are solely responsible for your content in any of these areas. You agree to not to create datasets or post content for any of the following: a. Content that is unlawful, defamatory, obscene, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or objectionable. b. Content infringing any patent or violates and copyrights/licenses. c. Content misrepresenting affiliations and entities. d. Content containing third party private information.
7. Rights to Content
You own and retain the copyrights to all the content you post. You are responsible for providing access and sharing your content with other users. You grant UdyamBandhu an irrevocable right to use, reproduce and publish in connection with the offered services.
8. Subscription Features
UdyamBandhu offers and may add more features on subscription or other fee basis. However, UdyamBandhu also reserves the right to modify or change the services and data available through its subscription services or other fee basis without prior notice. If subscribed, you agree to pay all fees agreed at the time of signing for the subscription or fee agreement. Any purchase of a subscription or other fee basis is restricted to the named user on the subscription and may not shared or transferred.
9. Ideas and Suggestions
Any ideas and suggestions made by you on UdyamBandhu services will be sole property of UdyamBandhu.
10. External Content
UdyamBandhu may offer content with third party links and will offer features to users to be able to surface third party content in form of links. UdyamBandhu does not monitor or have control over the third party content and is not responsible for third party content. Where we provide a hyperlink to a third party's website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our website or that may contain material relevant to our users. Such a hyperlink does not signify that UdyamBandhu or its has reviewed or approved of the connected third party's website or its contents nor does it necessarily reflect the opinions or views of UdyamBandhu.
11. Refund Policy
In line with our commitment to customer satisfaction, we have one of the most liberal refund policies around. If you write in to request a refund within 3 days of making any form of payment, you will get a full refund, no questions asked. After 3 days, refunds will be considered on a case-by-case basis.
12. Termination of Service
13. Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, UDYAMBANDHU TOOLS, ANY UDYAMBANDHU APPLICATION, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND UDYAMBANDHU HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO TO THE APPLICATION AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO ACCURACY, COMPLETENESS OR ADEQUACY OF INFORMATION, OR RELIABILITY, THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. UDYAMBANDHU MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROVISION OF THIRD-PARTY DATA.
YOU RECOGNIZE THE UNCERTAINTIES INHERENT IN ANY ANALYSIS OR INFORMATION THAT MAY BE PROVIDED IN CONNECTION WITH THE SERVICES, AND ACKNOWLEDGE THAT THE SERVICES ARE NOT A SUBSTITUTE FOR ITS OWN INDEPENDENT EVALUATION AND ANALYSIS AND SHOULD NOT BE CONSIDERED A RECOMMENDATION TO PURSUE ANY COURSE OF ACTION. UDYAMBANDHU SHALL NOT BE LIABLE FOR ANY ACTIONS OR DECISIONS THAT YOU MAY TAKE BASED ON THE SERVICES OR IN CONNECTION WITH THE USE OF ANY INFORMATION OR DATA CONTAINED THEREIN. EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU UNDERSTAND THAT IT ASSUMES THE ENTIRE RISK WITH RESPECT TO THE USE OF THE SERVICES.
You hereby acknowledges and agrees that the Services are not developed or provided by UdyamBandhu as investment advice and will not be used or treated by you as investment advice. The Services are intended to be used for informational purposes only, and the Services do not provide investment advice. UdyamBandhu, its affiliates and partners shall have no liability for any investment or other decisions made based upon any information in the Application and/or Services.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, UDYAMBANDHU, ITS AFFILIATES AND PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIRD PARTY DATA OR SERVICES.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL UDYAMBANDHU BE RESPONSIBLE FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY ,SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR CONTENT, LOST PROFITS, LOSS OF GOODWILL, OR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE UDYAMBANDHU APPLICATIONS. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER UDYAMBANDHU WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless UdyamBandhu and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the UdyamBandhu Applications or your breach of this Agreement, including but not limited to the content you submit or make available through the UdyamBandhu Applications.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
17. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the courts of the INDIA or the courts of the State of West Bengal. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Entire Agreement
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.