Privacy Policy
ONLINE USER AGREEMENT AND PRIVACY POLICY
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY FIFTHQUADRANT WEB
SITE (COLLECTIVELY, THE "WEB SITE" OR "SERVICE") YOU AGREE
TO ABIDE BY THE TERMS AND CONDITIONS OF, AND BE LEGALLY BOUND BY, THIS ONLINE
USER AGREEMENT AND PRIVACY POLICY (THIS "AGREEMENT") BETWEEN YOU AND
FIFTH QUADRANT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT
USE THE WEB SITE.
1. GENERAL INFORMATION.
1.1. Changes. The Web Site is provided by Fifth Quadrant Business
Development Pvt. Ltd. ("FIFTHQUADRANT"). FIfthQuadrant reserves the
right, at its discretion, to change the terms of this Agreement and/or change,
suspend, discontinue or modify any aspect of the Web Site. Such modifications
may include, without limitation, changes in content, in user priorities, and
discontinuance of functional aspects of the Web Site.
1.2. Notices of Changes. Any notice or statement of
changes/modifications described in Section 1.1 above will be displayed online,
and any such display shall constitute effective notice under this Agreement for
all purposes. You agree to review the terms and conditions of this Agreement
periodically to be aware of such revisions. Additionally, your continued use of
the Web Site after the posting of any notice of a change in the terms and
conditions shall constitute your acceptance to be bound by the express terms of
any such changes.
2. THE SERVICE AREA.
2.1. The "Service Area" shall mean all areas and aspects of
the Service including, without limitation, text, data, photos, graphics and/or
video or any information whatsoever obtained through the Web Site (collectively
referred to herein as "Information"), FIfthQuadrant’s computers or
network and any subscription or software, product, service, or information
provided by FIfthQuadrant. FIfthQuadrant has entered into contractual
relationships with certain vendors, sponsors, and advertisers of products or
services (the "Vendors"), pursuant to which FIfthQuadrant may link to
or display Information, advertisements, discounts, products, goods, or services
offered by the Vendors. FIfthQuadrant does not guarantee the availability or
accuracy of any such Vendor Information or offers, nor does it endorse,
guarantee nor insure any Vendor products or services.
2.2. FIfthQuadrant shall not be held liable, directly or indirectly,
for any loss or damage caused by your use of: (a) any external site linked to
the Service, (b) Vendor Information, or (c) Vendor products or services.
Statements made on the Service Area concerning the products or services of
FIfthQuadrant do not constitute an offer, but are merely solicitations of an
offer.
3. LIMITATIONS ON USE AND USER SUBMISSIONS.
3.1. Copyright, Patent and Trademark Notice. All content of the Web
Site provided by FIfthQuadrant, including, but not limited to, all text,
photos, graphics, audio, software, presentations in any format and/or video is
copyrighted by FIfthQuadrant or its affiliates or subsidiaries. All rights
reserved.
No portion of the Information or other materials may be directly or
indirectly copied, published, reproduced, modified, performed, displayed, sold,
transmitted, published, broadcast, rewritten for broadcast or publication or
redistributed in any medium, whether now known or hereafter created. The foregoing
prohibition includes, but is not limited to "screen scraping" or
"database scraping" to obtain lists of users or other Information.
Nor may any portion of the Information or other materials be stored in a
computer or distributed over any network, except that you may download or print
one copy of pages strictly for personal and non-commercial use; however, any
print out of any page of the Web Site or portion thereof, must include
FIfthQuadrant copyright notice.
FIfthQuadrant, and its associated logos, page
headers, custom graphics, buttons, and other icons are service marks,
trademarks, registered service marks, registered trademarks, and/or trade dress
of FIfthQuadrant. All other content product names and company logos are
trademarks of their respective owners. Neither these materials, nor any portion
thereof, may be stored in a computer except as reasonably necessary for
personal and non-commercial use; however, any print out of any page of the Web
Site or portion thereof, must include FIfthQuadrant copyright notice.
3.2. Restricted Use of the Site. You agree to use the Service Area and
Information for lawful purposes only. You agree not to post or transmit any
information through the Service Area which: (a) infringes the rights of others
or violates their privacy or publicity rights, (b) is unlawful, threatening,
abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise
objectionable, or (c) is protected by patent, copyright, trademark or other
proprietary right without the express permission of the owner of such right.
You shall be solely liable for any damages resulting from any infringement of
patent, copyright, trademark or other proprietary rights, or any other harm
resulting from your use of the Service.
3.4. Your Submission of Messages. You hereby grant to FIfthQuadrant a
worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, display and use for any purpose all messages
or other materials posted by you on the Service or any e-mail sent by you to
FIfthQuadrant (in whole or in part) and to incorporate any such messages or
other materials or e-mails in any form, into other media or technology whether now
known or hereafter developed.
3.5. Public messages. All electronic forums made available to users of
the Service are the sole property of FIfthQuadrant and are not a public forum.
You understand and acknowledge that all information, data, files, software,
music, sound, photographs, graphics, video, messages or other materials posted
by any person or entity other than FIfthQuadrant ("Third-Party
Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Third-Party Content originated.
You assume total liability for all Third-Party Content that you upload, post,
email or otherwise transmit via the Service. FIfthQuadrant assumes no liability
for any such Third-Party Content. You agree not to use the Service to:
A. upload, post, e-mail or otherwise transmit any Third-Party Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, or
hateful, or is racially, ethnically or otherwise objectionable;
B. harm minors
in any way;
C. impersonate any person or entity, including, but not limited to,
an official or representative of FIfthQuadrant, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
D. forge headers or
otherwise manipulate identifiers to disguise the origin of any Content
transmitted through the Service;
E. upload, post, e-mail or otherwise transmit
any Third-Party Content that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
F. upload, post,
e-mail or otherwise transmit any Third-Party Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
G.
upload, post, e-mail or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation;
H. upload, post, e-mail or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment or network;
I. disrupt the normal
flow of dialogue, cause a screen to "scroll" faster than other users
of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
J. interfere
with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
K. intentionally or unintentionally violate any
applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the IPC, L. "stalk" or
otherwise harass another; or
M. collect or store personal data about other
users.
You acknowledge that FIfthQuadrant does not pre-screen Third-Party
Content, but that FIfthQuadrant and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any Third-Party
Content that is available via the Service. Without limiting the foregoing,
FIfthQuadrant and its designees shall have the right to remove any Third-Party
Content that violates this Agreement or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any
Third-Party Content, including any reliance on the accuracy, completeness, or
usefulness of such Third-Party Content.
You acknowledge and agree that
FIfthQuadrant may preserve Third-Party Content and may also disclose
Third-Party Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce this Agreement; (c) respond to claims that any
Third-Party Content violates the rights of other third-parties; or (d) protect
the rights, property, or personal safety of FIfthQuadrant, its users, or the
public.
3.6. Linking. Without the prior written consent of FIfthQuadrant, you
may not use any of FIfthQuadrant proprietary logos, marks, or other distinctive
graphics, video, or audio material in your links. You may not link to the Web
Site or to any page thereof or engage in the practice of "deep
linking" in any manner reasonably likely to: (a) imply affiliation with or
endorsement or sponsorship of or by FIfthQuadrant; (b) cause confusion,
mistake, or deception; (c) dilute FIfthQuadrant trademarks or service marks;
(d) otherwise violate state or federal law; or (e) constitute improper
disparagement or disclosure concerning FIfthQuadrant or any of its respective
affiliates, or their respective officers, directors, agents, franchises, or
Vendors. You may not frame or otherwise incorporate into another Web Site any
of the Information or other materials on this Web Site without the prior
written consent of FIfthQuadrant.
4. ACCESS AND DELAYS IN SERVICES.
FIfthQuadrant, its affiliates, subsidiaries, and Vendors shall have no
responsibility to provide you access to the Web Site.
5. MONITORING OF SITE.
You acknowledge that FIfthQuadrant reserves the right to, and may from
time to time, monitor for all lawful purposes any and all Third-Party Content
transmitted or received through the Service. During monitoring, information may
be examined, recorded, copied, and used for authorized purposes. All
Third-Party Content, including personal information, placed on or sent over the
Service may be monitored. Use of the Service, authorized or unauthorized,
constitutes consent to such monitoring and to the other terms of this
Agreement.
6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY.
6.1. General Disclaimer and Limited Warranty. You acknowledge that
certain aspects of the Information and/or Vendor Information and links provided
through the Web Site are compiled from sources which may be beyond the control
of FIfthQuadrant. Though such Information and links are recognized by the
parties to be generally reliable, the parties acknowledge that inaccuracies may
occur. FIfthQuadrant, its licensors and Vendors do not warrant the accuracy or
suitability of any such Information. Neither FIfthQuadrant nor its licensors or
Vendors represent or endorse the accuracy or reliability of the Information
distributed through the Service.
6.2. You assume all risk of errors and/or omissions in the Web Site,
including the transmission or translation of data. You assume full
responsibility for implementing sufficient procedures and checks to satisfy
your requirements for the accuracy and suitability of the Web Site, including
the Information, and for maintaining any means which you may require for the
reconstruction of lost data or subsequent manipulations or analyses of the
Information provided under this Agreement.
6.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT FIfthQuadrant USES
REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS
OPERATE ON, OR ARE PASSED THROUGH, THE WEB SITE OR THE INFORMATION. HOWEVER,
YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD FIfthQuadrant HARMLESS),
BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND
ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
6.4. LIMITATION OF LIABILITY. YOU AGREE THAT FIfthQuadrant AND ITS
AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER.
7. INDEMNIFICATION.
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY AND
HOLD HARMLESS FIfthQuadrant AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND
EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE
INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF
WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS' FEES
AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR
ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND
USE OF THE WEB SITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE
WEB SITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS
SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE,
GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF
THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR
ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU
SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH
CLAIM.
8. PRIVACY.
8.1. Privacy. Records of your use of the Web Site is the sole property
of FIfthQuadrant. FIfthQuadrant reserves the right to use such information for
its marketing, franchising and membership endeavors.
FIfthQuadrant will not disclose any nonpublic personal information
about our current or former customers and consumers to anyone, except as
permitted or required by law, or as described below.
We may disclose all of the information we collect about you to our
affiliates who offer related goods and services, and to nonaffiliated third
parties that perform services on our behalf, including marketing services, or
other financial institutions with whom we have joint marketing agreements.
If we collect nonpublic personal information from you to provide
third-party financial products and services requested by you, such
third-party's use of your personal information will be subject to their privacy
policy as disclosed to you by them.
We have procedures in place that limit access to nonpublic personal
information to those employees and other individuals who need to know such
information to provide products and services to you. We will maintain physical,
electronic, and procedural safeguards to protect the confidentiality of your
nonpublic personal information as required by law.
9. UNSOLICITED E-MAIL AND DIRECT MARKETING.
9.1. Unsolicited E-mail. FIfthQuadrant supports responsible e-commerce.
FIfthQuadrant does not authorize anyone to use the Service to broadcast,
distribute, transmit or retransmit unsolicited commercial, non-commercial,
bulk, or junk electronic mail ("SPAM").
9.2. Reservation of Rights. FIfthQuadrant reserves the right to take
all legal or technical steps that it deems necessary to prevent the broadcast,
distribution, transmission, or retransmission over the Service of SPAM, junk
e-mail, threatening or offensive e-mail, or e-mail otherwise determined by
FIfthQuadrant, in its sole discretion, to be objectionable. FIfthQuadrant
reserves the right to suspend or terminate any person or entity's use of or
access to the Service if it determines, in its sole and absolute discretion,
that such person has used or intends to use the Service in violation of this
policy. A failure of FIfthQuadrant to exercise any right provided for herein
shall not be deemed to be a waiver of such right.
10. MISCELLANEOUS
10.1. Governing Law; Limitations; Venue. The laws of the State of
Karnataka, excluding any rule or principle that would refer to and apply the
substantive law of another state or jurisdiction, shall govern this Agreement.
To the extent allowed by applicable law, any claims or causes of action arising
from or relating to your access and use of the Service as contemplated by this
Agreement must be instituted within two (2) years from the date upon which such
claim or cause arose. Further, any such claim or cause of action shall be
brought EXCLUSIVELY in the state and you agree to submit to the exclusive
personal jurisdiction of such courts.
10.2. Assignments. You may not assign any of your rights, obligations,
privileges, or performance hereunder without the prior written consent of
FIfthQuadrant. Any assignment other than as provided for in this Section 10.2
shall be null and void.
10.3. Severability. If any provision of this Agreement is found to be
unlawful or unenforceable in any respect, the court shall reform such provision
so as to render it enforceable (or, if it is not possible to reform such
provision so as to make it enforceable, then delete such provision); and, as so
reformed or modified, fully enforce this Agreement.
10.4. Termination. FIfthQuadrant may terminate or suspend your use of
the Web Site for any reason. Termination or cancellation of your use of the Web
Site shall not effect any right or relief to which FIfthQuadrant may be entitled,
at law or in equity. Upon termination of this Agreement, all rights granted to
you will terminate and revert to FIfthQuadrant.
10.5. Notice. Official correspondence must be sent via postal mail to:
Fifth Quadrant Business Development Pvt. Ltd. 603 Gobind Parc, 17 Hall Road, Richards Town, Bangalore 560005. India.
10.7. Entire Agreement. This Agreement is complete and effective at
the time you begin use of the Service. This Agreement constitutes the entire
agreement between the parties, and no other agreement, written or oral, exists
between you and FIfthQuadrant. In the event that any inconsistencies exist
between this Agreement and any future published terms or understanding, the
last published Agreement or terms of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FIfthQuadrant
Â
LEGAL DISCLAIMER
Note to users:
Â
All information provided is of a general nature and is not intended to
address the circumstances of any particular individual or entity. Although we
endeavor to provide accurate and timely information, there can be no guarantee
that such information is accurate as of the date it is received or that it will
continue to be accurate in the future.
No one should act upon such information without appropriate
professional advice after a thorough examination of the facts of the particular
situation