TERMS OF USE AND DISCLAIMER

Thank you for visiting https://industrylive.in (the “Website”), which is owned, operated and managed by Industry Live, a partnership firm incorporated under the Indian Partnership Act, 1932having its registered office at A-78, Sector-4, Noida, Uttar Pradesh – 201301 (“Industry Live”, “we” or “us”).

This Agreement sets forth the following legally binding terms and conditions contained in these Terms of Use, together with any documents incorporate by reference including the Privacy Policy available at http://www.industrylive.com/privacy-policy, and all other operating rules, policies, and procedures that may be published on the Website by the Industry Live, which are incorporated by reference (collectively referred to as the “Agreement”), which govern your access to and use of the Website and any content, functionality, sub-domains and services offered on or through the same.

  1. DEFINITIONS

The words and phrases used in the Terms of Use are defined as under unless repugnant to the context or meaning thereof:

  • “Agreement” shall mean the Agreement between the Industry Live and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer and all the schedules, appendices and references mentioned herein with all such amendments as effected by Industry Live from time to time.
  • “Service” means collectively any events and awards related online and offline facilities, tools, services or information that are available for selling or marketing or for User use through the Website either now or in the future.
  • “User(s)/You/Your” shall mean any natural or legal person who accesses, uses, deals with and/or transact at the Website in any way.
  • “Website” means the website that you are currently using industrylive.inand any sub-domains of this site, unless expressly excluded by its own terms and conditions

 

  1. ACCEPTANCE OF TERMS OF USE:
    • The Agreement between the Industry Live and the User is an electronic record in terms of Information Technology Act, 2000 (as amended by the Information Technology (Amendment) Act, 2008) and rules made thereunder pertaining to electronic records in various statutes. The Agreement is generated as an electronic record by a computer system and does not require any physical or digital signatures and is also published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
    • Use of this Website is regulated by Terms & Conditions provided herein. In addition, some services offered through the Website may be subject to additional terms and conditions adopted by the Industry Live. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
    • By accessing, browsing, dealing, transacting and/or otherwise using this Website, you shall be deemed to have accepted of these Terms of Use and the Agreement. In the event, an option is given during the course of every transaction to enable the User to express his/her acceptance or rejection of the Agreement, your acceptance by clicking on “I Agree” shall be deemed that you have gone through, understood and accepted these terms and conditions completely and accordingly the Agreement shall be treated as legally binding and enforceable agreement between the Industry Live and you. In case if you do not agree with any of these Terms & Conditions or all of the Agreement, then you are not authorized to view, access, deal and/or transact on this Website.
    • Your use of this Website(including, without limitation, all content, software, functions, services, materials and information made available or described on this Website or accessed by means thereof), and any marketing or promotional activities or any other item or service provided via this Website(“ancillary service”), is at your sole risk. The Website is provided on an “as is” and “as available” basis.
    • The information on this Website, is solely for the User’s information and subject to the User’s acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. The Industry Live, its affiliate companies, associate companies, consultants, employees, contractors, advisors, accountants, agents and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information and Services provided on this Website. The Industry Live is not responsible for the information relating to the various services offered on this Website and makes no representation as to accuracy, completeness of the same. The Industry Live, its affiliates, employees, associate companies, accountants, advisors, agents, consultants, contractors and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
    • The Industry Live has no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding any of the following: which users gain access to the Website; what content users access through the Website; what effects the content may have on users; how users may interpret or use the content; or what actions users may take as a result of having been exposed to the content. We cannot guarantee the authenticity of any data or information that users provide about themselves or their campaigns and projects. You release us from all liability for your having acquired or not acquired content through the Website. The Website may contain, or direct you to websites or webpages containing, information that some people may find offensive or inappropriate. We make no representations concerning any content on the Website, and we are not liable for the accuracy, copyright compliance, legality, or decency of material contained in the service.

 

  1. ELIGIBILITY TO TRANSACT ON THE WEBSITE:
    • Use of the Website is available only to natural and / or legal persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website in any manner. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be only made by your legal guardian or parents on your behalf on the Website. Industry Live reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Industry Live’s notice or if it is discovered that you are under the age of 18 years. Industry Live reserves the right to initiate legal action against any person who solicits a minor to register as an User on the Website, even after knowledge that he/she is under the age of 18 years.
  1. PLATFORM FOR TRANSACTION AND COMMUNICATION
    • You agree and acknowledge that the Industry Live is only acting as a facilitator and provider of the platform of the transaction of availing of Services.
    • We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.
    • We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Services listed or the content (including product information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information, software, Services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the provision of Service on the Website.

 

  1. RIGHT OF COMPANY TO AMEND TERMS
    • We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
    • Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.

 

  1. REGISTRATION, DATA AND OBLIGATIONS
    • To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
    • If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity under any circumstances, whatsoever. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit/logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
    • Industry Live shall be entitled to verify details furnished by you, if it deems fit, and in case any information furnished is found incorrect, false or misleading and if, in our opinion, you have violated any provision of these Terms of Use then Industry Live shall have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
    • You shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Industry Live. You shall indemnify and hold harmless the Industry Live and its respective officers, directors/ partners, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
    • You hereby expressly release the Industry Live and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
  1. INTELLECTUAL PROPERTY RIGHTS NOTICE

               Copyright © 2021Industry Live. ALL RIGHTS RESERVED.

  • Industry Live is the sole and exclusive owner / licensee and / or proprietor of all copyrights, trademarks, service marks, know-how, technical information and any other form of intellectual property rights and other proprietary rights with respect to the Website, including without limitation to such as text, graphics, images, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, source code, reprographics, demos, patches, other files and software) forming part of the Website(“Industry Live IPR”).
  • You shall not use any of the Industry Live IPR without prior written consent from the Industry Live, in connection with any service that is not in any manner connected or provided by the Industry Live or its affiliates, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Services or the Industry Live.
  • All other trademarks, copyrights with respect to the various Services on the Website shall remain the exclusive intellectual property of their respective owners and the Industry Live shall not claim any rights, benefits, interest or affiliation in connection with such intellectual property, unless otherwise expressly provided for.
  • Nothing on the Website or your use of any of the Services shall be construed as conferring any license or other rights in the Industry Live IPR, or any third party, whether implied or otherwise, save as expressly provided.
  • Any photographs/software, including codes or other materials that are made available to download from the Website, is the copyrighted work of the Industry Live and/or its suppliers and affiliates. If you download software from the Website, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of the Industry Live in the case of codes or other downloadable materials.
  • You shall not create or attempt to create any website or solicit for creating such website which are identical/deceptively similar to the Website. Industry Live reserves the right to initiate any action as it may deem fit, in case of any of the aforesaid activities similar to the Website.
  • You agree that the contents appearing on the Website may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws including intellectual property rights. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in the Website.
  • The Agreement permits you to use the Website for your personal use only and you must not access or use any part of the Website or any services or materials available through the Website for any commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, disseminate or transmit any of the material on our Website, in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
  • You shall not directly or indirectly decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services.
  • If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Industry Live. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
  1. CHARGES

Access to the Website is free and Industry Live does not charge any fee for browsing the Website. Industry Live reserves the right to change its fee policy from time to time. In particular, Industry Live may at its sole discretion introduce new Services and modify some or all of the existing Services offered on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Industry Live.

  1. REPRESENTATION AND WARRANTY ON BEHALF OF THE COMPANY

                 The Industry Live does not represent or warrant as to specifics such as quality or value of the Services offered on the Website. The Industry Live also does not implicitly or explicitly support or endorse the Services on the Website. We are not liable for any errors or omissions on behalf of third parties.

The Industry Live shall not be responsible in any manner whatsoever for any loss and/or damage to you due to incorrect, incomplete and/or false information furnished by you.

  1. REPRESENTATION AND WARRANTY ON BEHALF OF THE USER
    • User represents and warrants that User is the owner and/or authorized to share the information. User gives on the Website and that the information is correct, complete, accurate, not misleading, does not violate any law, notification, order, circular, policy, rules and regulations, is not injurious to any person or is discriminatory with respect to sex, caste, race or religion and/or property.
    • User undertakes to indemnify and keep indemnified the Industry Live and/or its shareholders, directors, employees, officers, affiliates, associate companies, advisors, accountants, agents, consultants, contractors and/ or suppliers for all claims resulting from information User posts and/or supplies to the Industry Live. The Industry Live shall be entitled to remove any such information posted by User without any prior intimation to User.
    • User understands that the Industry Live does not have any control on accuracy of information submitted by anybody on the Website and therefore agrees that the Industry Live shall not be responsible for any loss, damage, cost, expenses etc. due to inaccuracy of any information submitted by User or anybody else on the Website.
    • User shall not upload on the Website or otherwise distribute or publish through the Website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist or which is otherwise unlawful or designed to cause disruption to any computer systems or network. The Industry Live shall be entitled without liability to the User and at our discretion to remove any such content from our server immediately. No user shall post any message to the Website which is in violation of the acceptable use policies in respect of this Website. We reserve the right to delete and remove all such postings.
    • In the event, User is required to submit his/her information on the Website (“User Submissions”), User agrees and undertakes that the User shall be solely responsible for the same and confirms that such User Submissions:
  • is complete, correct, relevant and accurate.
  • is not fraudulent.
  • does not infringe any third party’s intellectual property, trade secret and/or other proprietary rights and/or privacy.
  • shall not be defamatory, libelous, unlawfully threatening and/or unlawfully harassing.
  • shall not be indecent, obscene and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
  • shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
  • shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
  • shall not be technically harmful (including, without limitation, computer/ mobile viruses, worms, or any other code or files) or other computer programming routines that may damage, destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
  • shall not create liability for the Industry Live or cause the Industry Live to lose the services of the Industry Live’s ISPs or other suppliers.
  • is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, mass mailings and/or any form of ‘spam’ or solicitation.
  • is not illegal in any other way.
  • You grant to the Industry Live the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights, if any, in connection with (a) the Products, (b) the Industrylive’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; and (iii) use and publish, and permit others to use and publish, the User Submissions, names, likenesses, and personal and biographical materials of User, in connection with the provision or marketing of the Service. The foregoing license grant to the Industry Live does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions. Further, the User agrees and understands that the Industry Live reserves the right to remove and/or edit such User Submissions or part thereof.
  • User confirms that he/she shall abide by all notices, all terms of the competitions hosted on the Website and all the terms and conditions (as amended from time to time) contained and mentioned herein.
  • User undertakes and confirms that User shall not use the Industry Live’s Website or Services therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws. User shall not use the Website and/or services therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other User’s use and enjoyment of the Website and/or services therein.
  • User shall not attempt to gain unauthorized access to any service on the Website, other Users’ Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means. User shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website.
  • The Website may contain certain material or advertising submitted by other Users/third parties.
  • Industry Live disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on such Users and advertisers and the Industry Live will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. Industry Live reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion.

 

  1. Termination
    • The Industry Live may, at any time, terminate or suspend any and all services and/ or access to the Website immediately, without prior notice and/or liability. The Services and/ or access to the Website may also be terminated or suspended if:
  • User breaches any of the terms or conditions of the Agreement and/or other incorporated agreements and/or guidelines.
  • Requests by law enforcement and/or other government agencies.
  • Discontinuance and/or material modification to the Website and/ or service (or any part thereof).
  • Unexpected technical and/or security issues and/or problems.
  • Engagement by the User in fraudulent and/or illegal activities.
  • Non-payment of any fees owed by the User in connection with the use of Website and/ or services.
  • Termination of User account includes:
  • Removal of access to all offerings within the service.
  • Deletion of User password and all related information, files and content associated with or inside User account (or any part thereof).
  • Barring of further use of the Website and/ or service.
  • Further, the User agrees that all terminations for cause shall be made in Industrylive’s sole discretion and that Industry Live shall not be liable to the User or any third party for any termination of User account, any associated email address, or access to the services. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.
  • We also reserve our right to enforce appropriate sanctions against any of the Users of the Website who are responsible for abuse of the Website. Such sanctions may include, but are not limited to (a) a formal warning, (b) suspension of access through the Website, (c) limitation of access to the User, (d) termination of any registration of the User with our Website or services.
  1. Links to other websites

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

The third-party websites are not under Industry Live’s control, and you acknowledge that the Industry Live is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with the Industry Live. You further acknowledge and agree that the Industry Live shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. We are not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any such other website/ hyperlink, and will not be responsible or assume any liability for the actions, products, services, or content of any such other website or its related businesses. You acknowledge that framing the Website or any similar process is prohibited.

  1. Indemnification

You agree to defend, indemnify and hold harmless the Industry Live, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) made by any third party and/or penalty imposed due to and/or arising out of breach of the Agreement by User, and/or violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User’s account, of any intellectual property and/or other right of any person and/or entity.

 

  1. Governing law and jurisdiction

Governing Law and Jurisdiction: All matters relating to the Website and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India and courts at New Delhi only shall have exclusive jurisdiction.

  1. Force Majeure

Industry Live shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Industry Live, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Industry Live hereto which prevents timely fulfilment of obligation of the Industry Live hereunder.

  1. General Provision

Waiver and Severability

No waiver of by the Industry Live of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Industry Live to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, Disclaimer and our Privacy Policy constitute the sole and entire agreement between You and Industry Live with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Geographic Restrictions

The owner of the Website is based in India. We make no claims that the Website or any of its content are appropriate outside of India. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside India, you do so on Your own initiative and are responsible for compliance with local laws.

 

E- Mail Subscription

User is un-subscribed for receiving email marketing mailers/newsletters in following cases: –

User un-subscribes from email marketing mailer: Every email marketing mailer would have a link by using which User can un-subscribe from receiving any mailer in future. Such User is un-subscribed.

Grievance Officer

All service complaints relating to the functioning of the Website can be logged in through the details specified below, which will be attended by appointed personnel of the Industry Live.

 

For any service-related queries or complaints relating to the Website, you can write to us at info@industrylive.in

Thank you for visiting the Website.

I agree.