The
following terms and conditions will be deemed to have been accepted by the User
on usage of the website www.capitcoin.com or docs/forms under Capitcoin domain
or any other internet site which enables interaction between
customer’s/partner’s website or web services or systems ( collectively
“Website”). The User is requested to read the terms and conditions carefully
before they use the service of this Website. If the User does not wish to be
bound by these terms and conditions, User should not use the Website:
- Purpose.
These terms and conditions govern the use of the Website. The Website
shall contain information relating to the products and services offered
by Capitcoin Media(‘Company’). User is advised to read the terms
carefully before accessing the Website. By accessing, registering or
using the Website, the User is deemed to be bound by these terms.
"User" means the user of the Website. Registering, availing any
specific Services or participating in any forums available on the Website
shall be subject to such further terms and conditions as may be provided
by the Company from time to time on the Website or otherwise.
- Eligibility.
Website is not intended for persons under 13 years of age. The Services
is available for individuals aged 18 years or older. If the User is under
the age of 18, the User is requested to review these terms with his/her
parent or legal guardian to make sure that the parent or legal guardian
understands and agrees to it on behalf of the minor User and if require
performs and undertakes such activities which will entitle the minor User
to enter into a legally binding agreement with the Company.
- Website.
Website is owned by Company. Company makes no representation that the
Information in the Website is appropriate or available for use in places
in and outside of India. Further, the User may note that access to the
Website from territories where the Information is illegal is prohibited. Those
who choose to access this Website from places other than India do so on
their own initiative and are responsible for compliance with laws of
Indian and the respective applicable local laws. User may not use or
export the Information in violation of Indian laws and regulations. User
must ensure that the User is fully comply with the laws of the country
from where the User access the Website.
- Terms
of Use of the Website.
- Information. Information shall mean to include all content on
the Website including without limitation trademarks, data, images,
graphics, logos, icons, guides, news articles, photographs, images,
audio clips, video clips, trademarks, service marks and the like,
e-mail, messages posted by the User in a chat room, discussion forum or
otherwise. User agrees to use the Website and the Information on the
Website at his/her own risk. The Information on the Website is provided
on ‘AS IS’ basis and to the fullest extent permitted by law, is
provided without warranties of any kind, either express or implied.
Without limiting the foregoing, the Company does not make any
warranties of fitness for a particular purpose, title, merchantability,
completeness, availability, security, compatibility or
non-infringement; or that the Website will be uninterrupted, free of
viruses and other harmful components, accurate, error free or reliable.
- Intellectual Property Rights. Capitcoin trademark and the logo
cannot be used without the prior written approval of the Company. All
the Information displayed, transmitted or carried by the Website are
protected by copyright, trademarks and other intellectual property
laws. The Information is owned by the Company, its affiliates or third
party licensors and neither of them grant any express or implied right
to the User. User agrees to abide by all copyright notices and
restrictions that are applicable to any Information and not to alter
the Information in any way. User further agrees not to transfer the
Information to any other person or do any act that shall result in unauthorized
copying of the Information.
- Hyperlinks. Website may provide hyperlinks to other internet
sites including of co-branders, affiliates, subsidiaries or partners.
These sites are external to the Company and by visiting these, the User
is outside the Website. Since the Company has no control over such
sites and resources, the User acknowledges and agrees that the Company
is not responsible for the availability of such external websites or
resources or servers. Neither the Website nor the Company endorses in
any way nor offers any judgement or warranty and accepts no
responsibility or liability for the authenticity, availability of any
of the goods or services or for any damage, loss or harm, direct or
consequential or any violation of local or international laws that may
be incurred by your visiting and transaction on these sites. User
further acknowledges and agrees that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through
any such website or resource. The Company reserves the right to
terminate any link or linking program at any time. Company does not
endorse companies or products to which it provides web links and
reserves the right to note as such on its website. If the User decides
to access any of the third party sites linked to the Website, the User
may do so at his/her own risk and choice.
- Advertisements and third party content. Website may contain
content and advertisements of third party. Company expressly disclaims
any liability arising out of such third party content and
advertisements including usage of these products advertised on the
Website. The Company will have no liability related to the content of
any Information posted by third parties, whether or not arising under
the laws of copyright, libel, privacy, obscenity, or otherwise. All
liability is excluded to the extent permitted by law including any
implied terms. Company neither takes any responsibility for the content
or the advertisements, nor does it take any responsibility for the
products or services provided by advertisers. Any dealings that the
User may have with the advertisers found while using the services are
between the User and the advertiser, and the User agrees that the
Company is not liable for any loss or claim that User may have against
a content originator or the advertiser. While using this Website for
information purposes or otherwise, Users acknowledge and accept the
above disclaimer.
- Use of Information or the Website. User acknowledges and agrees
that the Website may have sections that give the User the opportunity
to view, publish, transmit, submit information, files, posts or
comments. The User agrees that User will not misuse the Information
that the User may access as part of the service, including without
limitation, download the content by illegal/non-permitted means, or
infringe any of the intellectual property rights owned by the Company,
its affiliates or third party licensors. The User further agrees that
the User will not post, publish, transfer, upload, transmit or submit
any of the content, including without limitation documents, videos,
images, comments, which is unlawful, immoral, illegal or malicious or
in violation of any law. In case the Website allows the User to
download or stream any of the Information, the User agrees that the
User will not use, sell, transfer or transmit the Information to any
person or upload the Content on any other website, webpage or software,
which may violate/cause damages or injuries to any rights of Company or
its affiliates or any third party including privacy rights, publicity
rights, and intellectual property rights.
- Restriction on Use of Information or the Website. The Company is
committed to providing a safe and positive experience to all Users
accessing the Website, and Users must comply with the following
restrictions to help us achieve that. Hence, in addition to complying
with all applicable laws, User agrees to not do the following:
- Display, transmit, or store obscene or inappropriate content;
- Transmit unsolicited or unwanted mass emails or messages,
promotions or advertising;
- Harass, stalk, defame, threaten or defraud any person or
entity;
- Violate any intellectual property rights of any person or
entity;
- Attempt to collect, store, or publish personally identifiable
information (a) without the owner’s knowledge and consent or (b) of a
minor under the age of thirteen (13) in any circumstance;
- Enable, authorize, permit, induce, or encourage any third party
to do any of the above
- If User violates these terms, then such User’s access to the
Website may be terminated immediately and without notice.
- Discussion Forums. Website may contain sections that allow the
User to interact with the Company. The forums may be accessible and
could be viewed by the public. Company does not have any obligation
whatsoever to monitor, approve, endorse or exercise editorial control
over any information posted by users and does not therefore accept
responsibility for or make any warranties in connection with such
information. Notwithstanding the forgoing, the Company reserves the
right, without any prior notice and without assigning any reason, to
edit or remove any Information, either exchanged or posted on the
public domain including any comments and/or posts that may have been
uploaded by the User. User waives any right, moral or otherwise, that
the User may have with regards to content, comments or posts uploaded
by the User on such forums. Company shall have the right to use any
Information posted by the User for any purpose that the Company deems
fit. By submitting any Information on the Website, the User grants the
Company a perpetual royalty free, non-exclusive license to use,
reproduce, make available, distribute and sub-license the Information
in whole or in part and in print or electronic form or in any other
form.
- Malicious Software and device. User acknowledges and agrees not
to either directly or through the use of any device, software, internet
site, web-based service, or other means remove, alter, bypass, avoid,
interfere with, or circumvent any copyright, trademark, or other
proprietary notices marked on the Information or any digital rights
management mechanism, device, or other content protection or access
control measure associated with the Information including geo-filtering
mechanisms. Further, the User agrees not to either directly or through
the use of any device, software, internet site, web-based service, or
other means copy, download, capture, reproduce, duplicate, archive,
distribute, upload, publish, modify, translate, broadcast, perform,
display, sell, transmit or retransmit the Information or create any
derivative work and/or material based on the Information.
- Interruptions, technical and operational Malfunction. Company
reserves the right to temporarily suspend access to the whole or any
part of the Website for any technical/operational reason. Company may,
but is not obligated to, give the User notice of any such interruption.
Company will restore access to the Website as soon as reasonably
practicable after temporary suspension. User agrees that the Company
shall not be responsible for any problems or technical malfunction of
any computer online systems, servers, computer equipment or software
due to technical problems or traffic congestion on the Website or due
to use of any of the Services, including any injury or damage to the
User(s)’ or to any person(s)’ computer related to or resulting from
participation or downloading materials on the Website.
- Force majeure event. User agrees that the Company shall be under
no liability whatsoever to the User on non-availability of the Website
or any portion thereof occasioned by Act of God or a force majeure
event such as war, disease, revolution, riot, civil commotion, strike,
lockout, flood, fire, satellite failure, failure of any public utility,
man-made disaster, satellite failure, epidemic or any other cause
whatsoever beyond the control of Company.
- Privacy Policy. Company reserves the right to use the
Information provided by the User in accordance with the Privacy Policy
as set out on the Website. User are requested to read and completely
understand the Privacy Policy before sharing any information with the
Company.
- Developments. The development of the Website is a continuous and
ongoing process. Company reserves the right to change, discontinue or
redo the Website and/or the Information on Website and/or any Services
availed through the Website. Company disclaims any and all liability
and/or responsibility for loss of any information or data, or any
consequence resulting from such development or operation of the
Website. Company does not assume or purport to assume any
responsibility or liability to the User for any failure or inability to
access or use the Website or any services availed through the Website.
Information including published information, statistics or data
available on the Website may not be current or up to date.
- Limitation
of Liability. Neither the Company nor its directors nor its officers nor
its employees nor its affiliates nor its agents nor its contractors nor
its licensors shall be liable for damages including without limitation
damages for loss of profit arising in contract or otherwise from the use
of or inability to use this Website, including but not limited to direct,
indirect, incidental, special, punitive or consequential damages, from
the User’s use or inability to use the Website or any content or
information or from any action taken (or refrained from being taken) as a
result of using the Website or any content or Information, regardless of
whether the Company has been notified of such damages. Company does not
assume any liability or responsibility for the accuracy, completeness, or
usefulness of any Information, apparatus, product, or process disclosed
nor represents that its use would not infringe privately owned rights.
- Indemnity.
User agrees to defend, indemnify and hold harmless the Company, its
affiliates, officers, directors, employees and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's fees) arising
from: (i) the User’s use of and access to the Website including the
services; (ii) User’s violation of any term of these Terms of Use; (iii)
User’s violation of any third party right, including without limitation
any copyright, property, or privacy right; and (iv) User’s violation of
any applicable laws. This indemnification obligation will survive the
expiry or termination of Terms of Use and the User’s access and/or use of
the Website and/or service.
- Termination
of Access. If the User violates any of these Terms, the Company may deny
the User access to the Website (or part thereof) and also disable any
other user name and password associated with the User or discontinue
providing the services to the User. This is in addition to any other
remedies that the Company may have under law or equity including that of
termination of the services. Further, the Company reserves the right to
suspend or terminate the User’s access and use of this Website or
registration or use of the services, as the case may be, at any time,
without assigning any reason whatsoever, in addition to the reasons
stated in these Terms. The Company may exercise this right of
termination, with or without giving notice to the User. User agrees that
the Company shall not be liable to the User or to any third party for any
suspension or discontinuance of the Website or the services of the
Company.
- Severability.
If any provision of these Terms of Use is held invalid, void, or
unenforceable, then that provision shall be considered severable from the
remaining provisions, and the remaining provisions given full force and
effect.
- Arbitration,
Governing Law and Jurisdiction. Any disputes, differences or questions,
which may arise at any time hereafter between Company and the User, shall
be first amicably resolved between the Parties within 30 (thirty) days
from the date on which such dispute was raised by a Party and
communicated to the other Party in writing failing which the dispute
shall be referred to a sole arbitrator of the Indian Council of
Arbitration (ICA). The arbitration shall be conducted in accordance with
the Rules of Arbitration of the Indian Council of Arbitration and shall
be subject to the provisions of the Arbitration and Conciliation Act,
1996, as amended or any statutory modifications or re-enactment thereof
for the time being in force. The venue of such arbitration shall be at Delhi
and the Courts at Delhi alone shall have exclusive jurisdiction to deal
with the arbitration proceedings and the awards in accordance with law.
The arbitration proceedings shall be conducted in English language. The
award passed by the arbitrators shall be final and binding upon the
Parties. Subject to the arbitration clause, these Terms of Use shall be
construed and governed by the laws of India and the Parties agree to
submit to the sole and exclusive jurisdiction of the courts of Delhi.
- Updates.
Company reserves the right to change these Terms of Use from time to time
and the User should check these regularly. User’s access and use of the
Website will be deemed an acceptance of these Terms of Use, existing at
that time.