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| Terms and Conditions |
| Relating to use of CeNext India Alliance Web-based Platform |
| www.cenextconsulting.com |
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| Please read these terms and conditions in their entirety. |
| Your usage of the services offered on this web site, with or without subscription |
| is subject to your irrevocable consent to these terms and conditions. |
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| These terms and conditions of use (the "agreement") are a legally binding agreement
between you or your organization (hereafter referred to as the “User” or “you”) and CeNext Consulting and
Investment Private Ltd (hereafter referred to as the “CeNext” or “us”). By checking the appropriate box
while registering at this web site (hereafter referred to as the “Site”), you unconditionally confirm that
you have read this agreement, that you understand it, and that you consent to be bound by all of its terms
and conditions. If you do not agree with all of the following terms and conditions, please do not continue
the registration process or use the service |
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| 1. Copyrights |
| All content and functionality on the Site, including text, graphics, logos, icons, images and the
selection and arrangement thereof, is the exclusive property of CeNext or its licensors and is protected by
Indian and international copyright laws. All rights not expressly granted are reserved |
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| 2. Trademarks |
| The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on
the Site are the registered and unregistered Trademarks of CeNext and its licensors. You agree that you
will not refer to or attribute any information to CeNext or its licensors in any public medium (e.g., press
release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing
any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or
relationship with, CeNext or its licensors. |
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| 3. Use of site content |
| CeNext hereby grants you a non-exclusive, non-transferable right to use the web site for the
specified term as indicated, to access and download, and use the ‘information on the Site’ (hereafter
referred to as the "Site Content" or ‘CeNext Content”) by establishing contact with one or more companies
registered on the Site, only for the specific purposes listed on the Site, and as indicated by you while
registering on the Site (hereafter referred to as the “Service”). You agree that you will not be sharing
the contents of this Site with any third parties, and that You will not reproduce, distribute, transmit,
post, disclose, create derivative works from, summarize, publish, disseminate, broadcast or circulate any
Site Content or any summaries or restatements thereof to any third party, except as expressly authorized by
CeNext in connection with the Service. Any unauthorized or prohibited use may subject the offender to civil
liability and criminal prosecution under applicable laws. |
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| 4. User Postings and Registered Information |
| You acknowledge and agree that CeNext shall own and have the unrestricted right to use and analyse
any and all information that you post on the Site – for unrestricted access by all registered companies.
You hereby waive any claims against CeNext for any alleged or actual infringements of any rights of privacy or
publicity, moral rights, or rights of attribution in connection with CeNext's use of such submissions. You
covenant that you shall not post or otherwise place on the Site any materials that (a) contain any hyperlinks,
"hidden" keywords or any keywords that are irrelevant to the themes of the Service; (b) engages in, endorses or
promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual; (c)
promotes or endorses false or misleading information or illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous; (d) would constitute, or else encourage conduct that would
constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (e) contains otherwise
restricted or password only access pages, or hidden pages or images; (f) displays or links to pornographic,
indecent or sexually explicit material of any kind; (g) infringe the intellectual property, privacy, or other
rights of any third parties; (h) contain a computer virus or other destructive element; (i) contain advertising;
or (j) constitute or contain false or misleading statements. CeNext does not and cannot review all information
posted on the Site by users and is not responsible for such information. However, CeNext reserves the right to
refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason. |
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| 5. Code of Conduct |
| All Users agree not to: (a) make any unsolicited communication regarding promotions and/or advertising
of products or services to any other User; (b) sell, rent, lease or otherwise assign to any third party any
rights to any Site Content or User-Supplied Content (other than yours); (c) remove any proprietary notices or
labels on any CeNext Content or User-Supplied Content (other than yours); (d) delete or alter any CeNext Content
or User-Supplied Content posted by any other User; (e) use any elements of the Service to invade the privacy
of, or obtain personal information about, any User, or to obtain a list of Users; (f) attempt to decipher,
decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of
any CeNext Site; (g) aggregate, copy or duplicate, summarize or restate in any manner any of the CeNext
Content; (h) interfere in any way with the performance of any element of the Service. |
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| When You register for any CeNext Service, you agree to provide true, accurate, current and complete
information about yourself as prompted by such process. If any of your Personal Information changes,
you must update that information in your registered Account. |
| CeNext reserves the right in its sole discretion to investigate and take legal action against
anyone who violates the Code of Conduct or otherwise violates this Agreement, including without limitation,
removing offending User-Supplied Content from the Service and/or suspending the offending User's ability to
access the Service. Further, CeNext may take any other action with respect to User-Supplied Content or User
actions that it deems necessary or appropriate in its sole discretion, up to and including involving, and
cooperating with, law enforcement authorities. |
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| 6. Notices of infringement and takedown by CeNext |
| CeNext prohibits the posting of any information that infringes or violates the copyright rights
and/or other intellectual property rights (including rights of privacy and publicity) of any person or
entity. If you believe that your intellectual property right (or such a right that you are responsible for
enforcing) is infringed by any content on the Site, please write to CeNext at the address shown above,
giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual
property right claimed to have been infringed; (b) identification of the allegedly infringing material on
the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an
e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted
work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the
law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury,
that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed;
and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf
to assert infringement of the right. CeNext will remove any posted submission that infringes the copyright
or other intellectual property right of any person, upon receipt of such a statement, after conducting its
own enquiry in to the alleged infringement. Under appropriate circumstances, persons who repeatedly submit
infringing or unlawful material will be prohibited from posting further submissions. |
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| 7. Disclaimers |
| The content and functionality on the site, as well as the related services offered to individual
Users, are provided with the understanding that CeNext is not herein engaged in rendering professional
advice and services to you. All content and functionality on the site is provided "as is," without warranty
of any kind, either express or implied, including, without limitation, implied warranties of merchantability
and fitness for a particular purpose. CeNext and its third-party content providers make no warranties,
express or implied, as to the ownership, accuracy, or adequacy of the site content. The same is also
applicable for the individual services offered to Users, in response to their specific requests. CeNext
shall have no liability or responsibility for any information published on this web Site or linked web sites,
contained in any user submissions published on the site, or provided by third parties, or in any submissions by
CeNext to individual Users against their specific queries or requests. |
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| In no event shall CeNext, its officers, agents, licensors or subcontractors, be liable to you or
any third party for any damages whatsoever (including, without limitation, direct, incidental and
consequential damages, lost income, profit, or goodwill, or damages resulting from lost data or business
interruption) relating in any way to any element of the service, whether such damages are based on warranty,
contract, tort, or any other legal theory, and whether or not CeNext is advised of the possibility of such
damages. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability
set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular
circumstance, CeNext, shall be entitled to the maximum disclaimers and/or limitations on damages and liability
available at law or in equity by such applicable law in such particular circumstance. |
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| 8. Third-party web sites |
| We may provide links to third-party Web sites, and some of the content appearing to be on this
Site is in fact supplied by third parties, for example, in instances of framing of third-party web sites or
incorporation through framesets of content supplied by third-party servers. CeNext has no responsibility for
these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the
applicable third-party content providers. |
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| 9. Privacy Policy |
| By using the Site, you consent to the collection, use, and storage of your information by us in
the manner described in this Privacy Policy and elsewhere on the Site. CeNext acknowledges that your
privacy is important to you. CeNext is committed to protecting the privacy of your personally-identifiable
information as you use this Site. By submitting information, you agree to CeNext’s use of such information
as described herein. CeNext collects personally-identifiable information on certain areas of the Site when
users register, request information, sign up in any event, and participate in user posting areas
(such as bulletin boards, discussion forums, and surveys). The personally-identifiable information
collected may consist of information that you provide, such as your name, mailing address, e-mail address,
telephone number, and fax number. CeNext will only use your personally-identifiable information to fulfill
your requests for information, to process your requests to contact specific companies, and for such other
purposes as you may initiate or request. CeNext has also contracted with a third party to send e-mail to our
registered members. All data collected by this third party on behalf of CeNext is used solely by or on
behalf of CeNext. |
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| We ask for your e-mail address at registration. We will send e-mail to this address to confirm
your registration, and if you request that we contact you for any other reason. In addition, we may contact
you regarding your subscription status. Your e-mail address will not be shared with any third party other
than an agent who has agreed to send e-mails on our behalf. CeNext shall not intentionally disclose or
transfer (and shall take reasonable steps to prevent the unauthorized or accidental disclosure of) your
personally-identifiable information to third parties (i.e., persons or entities that are not affiliates of
CeNext) without your consent, whether for such third parties’ marketing purposes or otherwise, except as
follows. CeNext may provide access to your personally-identifiable information to third party vendors
engaged by CeNext to provide services related to the Site; provided that such vendors will first agree
to maintain the strict confidentiality of such information. CeNext may also be compelled to surrender
personal user or customer information to legal authorities without express user consent if presented with
a court subpoena or similar legal order, or as required or permitted by the laws, rules, and regulations of
any applicable jurisdiction. Also, in the event of a violation of the Terms of Use of or any other terms on
this Site, including but not limited to a violation of any restrictions on use of materials provided in or
through this Site, CeNext may disclose personal user information to affected parties and legal authorities.
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CeNext may provide links to third-party Web sites or information as a service to our users.
If you use these links, you will leave this Site. Such links do not constitute or imply an endorsement,
sponsorship, or recommendation by CeNext of the third party, the third party web site, or the information
contained therein, and CeNext shall not be responsible or liable for your use thereof. Such use shall be
subject to the terms of use and privacy policies applicable to those sites.
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| This Privacy Policy does not apply to any information that you may disclose that may appear on
this Site and is accessible to all registeed users. You should be aware that whenever you publicly
disclose information online, that information could be collected and used by others. CeNext is not
responsible for any action or policies of any third parties who collect information that users disclose
on the Site. |
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| CeNext has implemented generally accepted standards of technology and operational security
in order to protect personally-identifiable information from loss, misuse, alteration, or destruction.
Only authorized CeNext personnel and third party vendors are provided access to personally-identifiable
information, and these employees and vendors are required to treat this information as confidential.
Despite these precautions, CeNext cannot guarantee that unauthorized persons will not obtain access to
your personally-identifiable information. Personally-identifiable information posted on the Site may be
transferred from time to time to CeNext offices or personnel, or to third parties, located throughout the
world, and the Site may be viewed and hosted by CeNext or its authorized personnel anywhere in the world,
including countries that may not have laws of general applicability regulating the use and transfer of such
data. By using the Site and submitting such information on it, you voluntarily consent to such transborder
transfer and hosting of such information. |
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| 10. Suspension or Termination |
| CeNext may, in its sole discretion, terminate this Agreement or suspend your Account at any
time with or without notice to you in the event that you breach (or CeNext reasonably suspects that you
have breached) any provision of this Agreement, or if CeNext is unable to verify or authenticate any
information you submit to CeNext as part of the registration process. If CeNext terminates this Agreement,
or suspends your Account for any of the reasons set forth in this paragraph, CeNext shall have no liability
or responsibility to you, and you agree that you forfeit any amounts you have paid CeNext. CeNext may
terminate this Agreement and your Account for any reason or no reason at the end of the then-current Term
by providing notice to you. |
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| You may cancel your Account (including Subscription Services) at any time by contacting
mailto: ceo@cenextconsulting.com
All fees paid and charges made prior to termination as provided herein
are non-refundable, including any advance fees or payment for the subscription term during which you
terminate your subscription. Termination of your subscription shall not relieve you of any obligations to
pay any arrears. Upon termination of this Agreement for any reason, all of your rights to use the Service
and materials shall immediately terminate, and you shall immediately cease using and destroy all CeNext
Content; provided, however, that you are still responsible under the terms of this Agreement for any and
all actions you may have taken prior to termination.Regardless of whether the relevant Service or Site
Content is free or you have paid for it; you will not obtain any ownership interest in any Site Content
through this Agreement or otherwise. |
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| 11. Other Conditions |
(a) It is clearly understood that no
User below the age of 18 years is eligible to use the Site or any of its services. By accessing
the
Service or
accepting this Agreement, you represent and warrant to CeNext that you are 18 years
of age or older and that you have
the right, authority and capacity to agree to and abide by this
Agreement. |
(b) CeNext may at any time, in its
sole discretion, change a freely available element of the Service to a Subscription Service, and
vice
versa, on same or different terms.
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(c) Subject to all the terms and
conditions of this Agreement, CeNext hereby grants you a personal, limited, non-exclusive, non-
transferable
and revocable right to view CeNext Site Content on your compatible computer or device solely for your own
use and
solely as authorized by CeNext. CeNext reserves the right to revoke this limited arrangement at
any time in its entirety or with
respect to any Site Content, for any reason, and at the sole discretion
of CeNext. |
| (d) Disclaimer of Liability and
Warranty. |
| CeNext’s
disclaimers of liability in this Section are in addition to any other disclaimers
elsewhere in this Agreement. |
CeNext has
the right, but not the obligation, to monitor, modify, restrict the contribution of and/or remove User-Supplied Content, in
CeNext’s sole discretion.
Cenext has no liability or responsibility to Users for performance or non-performance of such activities.
CeNext is not responsible to
you for your reliance on or use of any content or materials constituting all or part of any Site Content,
any User-Supplied Content,
or any other aspect of the Service. You understand and agree that any loss or damage of any kind that
occurs as a result of the
use of any User-Supplied Content that you access through your use of the Service, is your sole risk and
responsibility. By viewing
the Service, you may be exposed to content that you rely upon to your detriment. You take sole
responsibility for such
exposure and reliance. |
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Because user
authentication on the Internet is difficult, CeNext cannot and does not confirm that each User
is who they claim to be.
Because we do not
and cannot be involved in user-to-user dealings, nor do we
control the behaviour of Users on any portion of the
Service, you release
CeNext (and our licensors, agents and employees) from claims, demands and damages (actual and
consequential,
direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out
of or in any way connected with any dispute among or between you and one or more Users.
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The service is provided on an "as is" basis without any warranties of any kind. CeNext, to the
fullest extent permitted by law,
disclaims all warranties, whether express or implied, including the
warranty of merchantability, fitness for particular purpose and non-
infringement. The use of the service
entirely is at your own risk. Without limiting the generality of the above, CeNext makes no
warranties that (a) the service will be accurate, reliable, complete, or timely (b) the service will operate error-free or free of computer
viruses or other harmful mechanisms. You will not hold CeNext responsible for any damages that result from you accessing the
service or using the service and/or the CeNext content. No oral or written information or advice other than a written agreement
executed by an officer of CeNext shall create a warranty in any way whatsoever relating to CeNext. Under no circumstances shall
CeNext be liable for any unauthorized use of the service and/or the Site content. |
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(e) You understand and agree that
any unauthorized use of the Service would result in irreparable injury to CeNext for which money
damages would be
inadequate, and in such event CeNext shall have the right, in addition to other remedies
available at law and in
equity, to immediate
injunctive relief against you. Nothing contained in this
paragraph or elsewhere in this Agreement shall be
construed to limit remedies or relief available pursuant
to statutory or other claims that CeNext may have under separate legal
authority, including
but not
limited to, any claim for intellectual property infringement. |
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(f) You agree to defend, indemnify,
and hold harmless CeNext, its partners, parent, subsidiaries, affiliates, agents, distributors,
contractors and
licensors, from and against any claims, actions or demands, including without limitation
reasonable legal and
accounting fees,
alleging or resulting from: (a) any improper, unauthorized or illegal
uses of your User name, password and/or your
Account (b) any
User-Supplied Content or other material you
provide to any CeNext Site, (c) your use of any CeNext Content, or
(d) your breach of
the terms of this
Agreement, including without limitation the Code of Conduct. CeNext shall provide notice to you
promptly
of any such claim, suit, or proceeding. |
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| 12. Notices |
| CeNext may provide you with any notices under this Agreement by means of a posting on the Service,
by e-mail, or by sending a message to you through the Service. |
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| 13. Governing law; jurisdiction |
| These Terms and Conditions are governed by the laws of India and any disputes whatsoever arising from this Agreement shall be raised only in Courts located within the jurisdiction of the Union Teritory of Delhi. |
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| 14. International |
| CeNext makes no claims that the CeNext Content may be lawfully viewed or accessed outside India. Access to the CeNext Content may not be legal by certain persons or in certain countries. If you access the Service from outside India or provide any User-Supplied Content to any third party not a citizen of India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and / or the jurisdiction of the third party receiving such content. |
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| 15. General |
| The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. CeNext's failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
This Agreement constitutes the entire agreement between you and CeNext with respect to the use of the service offered. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. However, this Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.
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| 16. Changes to the Agreement |
| CeNext reserves the right, in its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. If you have registered with Us, we will attempt to inform you of any modifications to this Agreement that affect your obligations to CeNext or our obligations to You by: (a) sending you an email at the email address you provided as part of the registration process or including a notice in our regular email correspondence to you, (b) by a message to you at the time you log into the Service, or (c) a notice to you in connection with any renewal invoice. If you do not agree with any such modifications, your sole remedy is the termination of your Account, which you may request by sending an email to ceo@cenextconsulting.com Your continued use of the Service after receiving notice of any modifications indicates your acceptance of the modified Agreement. This version of the Agreement was last updated on August 1, 2011. |