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Terms of Use

COGNITIVE MARKET INTELLIGENCE PVT. LTD. WEBSITE TERMS OF USE

  1. ACCEPTANCE OF TERMS

    COGNITIVE MARKET INTELLIGENCE (OPC) PVT. LTD. (“we” or “CCMIntel”) provides our internet site, www.ccmintel.com and our mobile site and/or mobile applications (collectively, the “Website”), and the content, products and services offered on or through the Website (collectively, “Services”), are subject to these Terms of Use.  

    Your use of the Services in whole or in part constitutes your binding acceptance of these Terms of Use. If you do not agree to these Terms of Use, you should not use the Services or otherwise access the Website.  Some Services may be subject to additional posted rules, policies and terms and/or separate written terms and conditions. When you use those Services, you and CCMIntel shall be subject to those additional terms and conditions.  In the event of an inconsistency between these Terms of Use and any additional posted terms and conditions or separate usage terms, the provisions of the additional terms and conditions and/or separate usage terms shall control. The terms “you” and “User” refer to anyone who accesses the Website and the Services. CCMIntel may change these Terms of Use at any time without notice. Changes will be posted at www.CCMIntel.com under “Terms of Use”.  Your use of the Services or the Website after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes. Personal and certain other information about You is subject to our Privacy Policy. As a condition of using the Service, You agree to the terms of the Privacy Policy, as it may be changed from time to time. 

    For more information, see our full Privacy Policy at https://www.ccmintel.com/privacy-policy.php

  2. USE OF THE SERVICES; PROPRIETARY RIGHTS 

    CCMIntel grants you a non-exclusive, non-transferable, limited license to access and use the Website and the Services for the fees, if applicable, and under the terms set forth herein. The Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyright material or otherwise legally protectable elements of the Services, including, but not limited to, the selection, sequence and ‘look and feel’ and arrangement of items (the “Content”), displayed on the Website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Services or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of CCMIntel. The Content is the exclusive property of CCMIntel or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of CCMIntel or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of CCMIntel or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. You shall honor all reasonable requests by CCMIntel to protect CCMIntel’s proprietary interests in the Website and the Content. You may not use any CCMIntel price index data included in the CCMIntel Information, or any CCMIntel trade names, trademarks, service marks associated with any such index (whether registered or unregistered), in connection with the trading, clearing or settlement of physical commodity contracts, futures contracts, forwards, options or financial instruments of any kind, unless expressly authorized through a commercial-use licensing agreement. You may not use the Website or any Content for any unlawful or unauthorized purpose.

  3. REGISTRATION

    Some of our Services require that you register with that Service in order to access or use it.  If such registration is required, you agree to provide CCMIntel with accurate and complete information, and to update that information if it becomes outdated. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access. For more detailed information about how we treat the registration information you provide to us, please see our Privacy Policy, which is incorporated by reference into these Terms of Use.

  4. DISCLAIMERS OF WARRANTIES

    The services, and materials, products and postings are made available on an “as is” and “as available” basis, without any representation, promise or warranty of any kind, express or implied, or any guaranty or assurance the services will be available for use, or uninterrupted or error free, or that all products, features, functions or operations will be available or perform as described or that any errors will be corrected. In addition, any material that you download or otherwise obtain through our services is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your download of any such material. CCMIntel warrants that the services are based on CCMIntel’s reasonable efforts to compile and analyze the best sources reasonably available to CCMIntel at any given time and, that any opinions reflect CCMIntel’s judgment at the time and are subject to change.  The foregoing warranty is in lieu of all warranties, express, or implied, statutory or otherwise, including without limitation, any implied warranties of merchantability or fitness for a particular purpose, and warranties as to accuracy, completeness, or adequacy of information.  CCMIntel reserves the right to modify the website or the services at any time. Without limiting the foregoing, CCMIntel is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. As between you and CCMIntel, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, postings and materials associated with your use of the Services. Under no circumstances shall CCMIntel nor any of its subsidiaries, parent corporations and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the “CCMIntel Parties”), be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.

  5. LIMITATION OF LIABILITY

    CCMIntel shall not be liable for any damages incurred by you that arise as a result of reliance upon the Services. In no event shall any CCMIntel party be liable to you or any other person or entity, under any theory, including negligence, for damages of any kind arising from the use of the services, including but not limited to direct, indirect, actual, incidental, punitive, special or consequential damages, lost income, revenue or profits, lost or damaged data, or other commercial or economic loss, that result from your use of, or inability to use, the services, even if such CCMIntel Party has been advised of the possibility of such damages or such damages are foreseeable. By using the services, you agree that this limitation will apply to any services, and content that may be available through such services. In the event that applicable law does not allow the limitation or exclusion of liability or damages, you agree that in no event shall the total liability of any CCMIntel Party to you for all damages, losses and causes of action of any kind exceed Five Thousand Rupees (INR 5000.00). In no event will any CCMIntel Party be liable to you or anyone else for any decision made or action taken by you in reliance on the services, any content or the website. Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have CCMIntel, upon written notice from you to us, attempt to repair, correct or replace any deficient Service and, if repair, correction or replacement is not reasonably commercially practicable for CCMIntel, in its sole discretion, to refund any monies actually paid by you for the Service involved and to terminate and discontinue your use of the Services.

  6. INDEMNIFICATION

    You hereby agree to indemnify, defend and hold the CCMIntel Parties harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys’ fees), incurred by any CCMIntel Party in connection with any claim arising out of your use of the Services (including any Content or the Website), any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Services, your violation of these Terms of Use, your connection to the Services, or your violation of the rights of any other person or entity. CCMIntel reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with CCMIntel in the defense of any such claim, action, settlement or compromise negotiations, as requested by CCMIntel.

  7. LINKS TO OTHER WEBSITES

    You may, through hypertext or other computer links, gain access to Websites operated by persons other than CCMIntel. Such hyperlinks are provided for your reference and suitability only, and are the exclusive responsibility of such Websites’ owners. You agree that CCMIntel is not responsible for the content or operation of such Websites, and that CCMIntel shall have no liability to you or any other person or entity for the use of third party Websites. Except as described below, a hyperlink from this Website to another Website does not imply or mean that CCMIntel endorses the content on that Website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other Websites to which you link from the CCMIntel Website.

  8. ADDITIONAL LEGAL TERMS

    These Terms of Use constitute the entire agreement between you and CCMIntel and govern your use of the Website and the Services, superseding any prior agreements between you and CCMIntel.  As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content or third-party software. These Terms of Use cannot be changed or terminated orally. These Terms of Use are personal to you, and you may not assign your rights or obligations to anyone.  If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.  The formation, construction and interpretation of this agreement shall be controlled by the governing laws of India, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of these Terms of Use. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts of Pune District, Maharashtra, India, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

  9. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    CCMIntel respects the intellectual property of others, and we ask our users to do the same. CCMIntel may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and prohibit the use of the Service by certain users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing CCMIntel with the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • a description of the copyrighted work or other intellectual property that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the site;
    • your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

All notices should be sent to Cognitive Market Intelligence (OPC) Pvt. Ltd.  at [email protected].

 

Last update of the Terms of Use: May 29, 2019.