Background
Qcaliber-India Services Pvt. Ltd. (called the “Company”) owns www.365businessdays.com (called the “Website”). All visitors to the website are called the “USERS / user” of the website and its services. For the purpose of clarity it is explained that the USERS include visitors (Browsers) to the site, registered but free users of the site (Free Members) & registered and paid subscribers (Premium Members) and other paid users of services. The company provides advisory, support, networking and market services (Services) to businesses and individuals. The website is a proprietary tool that the company is using for the purpose of providing its Services on an online platform (called the “Platform”).
The Terms contained herein form an Agreement (The Agreement) regulating the relationship with regard to the use of The Website by you “USER” and “US” (Company). If you do not agree to the terms of The Agreement, you may not use this Website. USERs are accepting the Terms of The Agreement by using this Website. The Agreement is a valid contract between you as a USER and The Company providing the service through the Website and sets out the legally binding terms for the use of the Website.
USERS may not access the services if they are our direct competitor, except with the Company’s prior written consent. In addition, they may not access the services for purposes of monitoring the website’s availability, performance or functionality, or for any other benchmarking or competitive purposes. USERS may not test our service security or perform any other tests or vulnerability assessments.
The Company & the Website reserves all rights to change, modify, add or delete portions of the Terms of This Agreement at any point of time. Additionally the Company reserves the right to modify or terminate any of the Website services for any reason, and without notice, without liability to you or any third party. Nothing in the terms of the Agreement should be construed to confer any rights to third party beneficiaries. These Terms & Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
The terms as on the date of conflict will be treated as the reference terms of the Agreement. You are responsible for regularly reviewing the terms of The Agreement so that you will be aware of any changes.
Service Description
The Services currently provided and proposed to be provided by the Company include the following:
1. Business Advisory & Consulting Services;
2. Knowledge Centre Services disseminating research and analytical reports, case studies, self help tool kits and templates;
3. A Business Concierge service providing pre-negotiated offers and deals as privileges to the Premium Members of the Website;
4. Industry Corners featuring knowledge, best practices, promotions, campaigns and offerings from various players in an industry;
5. Access to a Market Place to exploit business opportunities, network and make introductions, and buy / sell products and services.
Some of the above services may be available free of cost to the user while others may be charged either in the form of subscription charges or on per transaction basis or both. The Company reserves the right to change or modify its services and their commercial terms including provision of special promotions and discounts. Such alterations, unless separately agreed will not modify the commercial status of any pre-existing user with respect to the usage of the services offered on the website / platform by the company.
Please read these “Terms of Use” carefully before using this website
Intellectual Property
1. All information, content and material on this website (SITE) are protected by copyright and are the intellectual property of the company or its licensees or as declared to belong to third party sources. Except as specifically permitted herein, no portion of the information on this web site may be copied, reproduced, republished, transmitted, distributed or create derivative works in any form, or by any means, without prior written permission from the Company. Users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial as well as “not for commercial” purpose.
2. Except as we specifically agree in writing, no Content from this SITE may be used other than as part of this SITE, reproduced, transmitted, distributed or otherwise exploited in any way.
Professional Declarations & Disclaimers
1. The Company provides its Services on a “good faith, as is & as available basis”.
2. The Services, Website and the Platform undergo a continuous process of refinement and Implementation. Some functions and features may be indicative and not fully operational.
3. Due to the limitations inherent in internet and electronic technologies, providing information, products and services obtained from multiple sources, there may be delays, omissions, inaccuracies or deficiencies in the services provided on this Platform. The Company does not represent that the Services will be free from all defects in every case. However, every possible attempt will be made by the company to provide error free and timely service.
4. The Contents & Services offered on this Website / Platform represents our opinions, views, knowledge, expertise and relationships. While providing its Services to the Users on the Platform, in addition to using its own resources, the Company also uses reference, access and relationships with other third party sources including individuals and companies offering various products and services. The adequacy, quality, utility, timeliness, accuracy, effectiveness of the services being offered by the Company is based largely on the information provided or choices made by the User. Users are advised to exercise caution and their own judgement while using the Services including the third party products and services offered on the platform.
5. The User declares that the usage of the services offered by the company is entirely at free will and assures to use the services in a manner that is legal. User also agrees that the Company shall not be liable for any indirect, special, consequential, or incidental damages arising from their usage of this site and the contents/services herein.
6. The company or its affiliates or employees or representatives or franchisees makes no warranty stated or implied about the merchantability, appropriateness and fitness of the products and services offered in the context of the individual user.
7. Based on their individual circumstances, it is left to the judgement of the Users to use, adapt, modify or alter suggestions or to use them in conjunction with any other sources of advise they may have thereby absolving the Company as well as its assignees, employees, partners, agents, franchisees, from any kind of direct, indirect, special, consequential or incidental liability either to the user or anyone else including any third party for any losses or injury arising out of the decisions taken by reliance on the Platform or by usage of the services, products offered on this website.
Representations, Warranties by the User & Appropriateness of Usage
1. You are of sane mind, legal age and that your usage of the Platform will not violate any applicable law or regulation or any third party contract that you are a party to.
2. All information provided by you during registration, on boarding or while using various services on offer by the company is truthful and accurate and you will maintain the accuracy of this information as soon as you become aware of its change.
3. You may not use the website / platform for commercial or “not for commercial” purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in the Company’s sole discretion.
4. You will not submit post, upload, distribute, or otherwise make available or transmit any content that is:
a. Defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person;
b. Bigoted, hateful, or racially or otherwise offensive;
c. Violent, vulgar, obscene, pornographic or otherwise sexually explicit;
d. Illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
5. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform or the services.
6. You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
7. You will not engage in any form of antisocial, disrupting, or destructive acts, including but not limited to spamming, flooding as those terms are commonly understood and used on the Internet.
8. You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
9. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these terms of use, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any user-generated content that you submit, post, upload, distribute or otherwise transmit or make available.
10. You will not advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, except when and in the manner permitted by an appropriate and separate contract between you and the Company.
11. You the user will keep the Company, its Directors, assignees, agents, franchisees, partners, affiliates, licensees and employees indemnified from any loss or claim – either direct or consequential arising to the Company or from you or any third party due to you not observing these restrictions and appropriateness of your usage of the services, website and platform.
Third Party Content
The Company cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Related Links
You acknowledge that when you access a link that points to a third party site and leaves our Website, the site you will enter into is not controlled by The Company and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that the Company is not responsible for those sites and their offerings and you will keep us indemnified from any claim on us arising out of your usage of the third party sites. Even though the Company is under no obligation to disable links to third party sites, it reserves the right to do so.
Errors and Correction
The Company does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Company does not represent or warrant that the information available on or through this Website will be correct, accurate, timely or otherwise reliable. In the event of you not being satisfied by our service or the features of the website, you may exercise your refund as per the policy and agreement governing your usage of the paid services. Once the Company has made the refund of the service fee paid to us and as per the applicable governing policy, it will be the complete and total settlement of your or related claims on us for usage of the website or its features.
Advertisements
All advertisers and sponsors shall be responsible for ensuring that all material submitted for inclusion on this Website is accurate and complies with applicable laws. The Company shall not be responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
Termination
1. The Company may terminate this Agreement and these Terms and Conditions and/or the provision of any of the services at any time for any reason as it dims fit in its own judgement including but not limited to any improper use of this site by you or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which the Company and its assignees or affiliates including its Directors, employees, third party providers and distributors may be entitled, at law or in equity.
2. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to The Company or its assignees and its affiliates.
3. You will be entitled to the refund of the monies paid to us, calculated on a pro-rate quarterly basis, for the balance of the quarters of service post termination of the contract for service through this site, irrespective of who seeks the termination of service but consistent with our refund policy for paid services.
Modifications
The Company may at any time modify these Terms and Conditions and your continued use of this site would be conditioned upon the Terms and Conditions in force at the time of use.
Warranties, Liability & Indemnity
You expressly understand and agree that:
1. The Company and all its affiliates, group concerns (defined as companies or firms where share holding is common to the extent of at least 26%), subsidiaries, their Directors, employees, agents, partners do not warrant that the functions contained in the services, resources and content available on the website, including but not limited to user-generated content, or any third party sites or services linked to the website will be uninterrupted, timely or error-free, that the defects will be rectified, or that the website or the servers that make such content, information and materials available are free of viruses or other harmful components
2. Any material downloaded or otherwise obtained through the website is accessed at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results for such download.
3. You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:
a. The use or the inability to use the service;
b. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website;
c. Unauthorized access to or alteration of your transmissions or data;
d. Statements or conduct or deficiency of any third party or partner on the website;
e. Any other matter relating to the website or your usage of the same.
4. While using the services offered at this site, in the event of a negligence being established to us and in accordance of the provisions of the Service Agreement & Contract Form, if any for paid services, the total and maximum liability of The Company will be limited to the value of the prorated service fees, if any, paid by you to us for the purpose of availing the services and no claim is admissible as implied or incidental damages either by you or your assignees.
5. Notwithstanding the provisions of point number 4 above, you shall defend and indemnify The Company, its Directors, employees, franchisees, licensees, agents and assignees and any third party providers and distributors and their respective resellers, officers, directors, employees service providers and agents (collectively called “indemnified parties”) from and against any claim, recoveries, losses, damages, fines, liabilities, penalties, cause of action or demands, including without limitation reasonable legal and accounting fees, brought by you or on your behalf by any third or related parties as a result of your usage of this website.
Please read the “Terms of Privacy Policy” carefully before using this website
The Company and its substantially owned and controlled affiliates respect your privacy and are committed to protect the personal information that you share with us. As a casual browser you can browse through those sections of our website which do not require any Login and without giving any information about yourself. However for having greater access to the restricted sections of our website and to transact we do need your email-id and certain other relevant information to get back to you and make the contents, services and third party offerings of products and services more relevant for you through continuous updates.
This Privacy and Security Policy covers the usage of www.365businessdays.com (the “website”). This policy describes how we collect, secure and use your personal and other information.
By using this Website you agree to accept the terms of this Policy. By accessing or using this Website you expressly consent to our use and disclosure of your information in such manners as described in this Policy.
Information Collected
We only collect the relevant user information such as their name, email id and certain high level information of users who want us to contact them. Apart from this, for those users who wish to access sections meant only for registered users, information regarding their employment, personal and high level business information and interests, telephone number, address, zip code etc as provided in the online registration form will be collected to make our services relevant to their needs. You will also be asked to choose a user identification and password in order to identify yourself during future visits to the Website.
We Collect Your Information When You
1. Ask a sample query, we collect your name, email address and certain high level information to validate your identity and also to make our response contextually relevant to the extent possible.
2. Register with us as a free but registered user to keep you updated and also access certain sections.
3. Participate in any of the promotions on the website including those offered by the third parties on the site to make your participation more meaningful.
4. Initiate an Implementation Project.
5. Participate or Transact at the Business Concierge or the Market Centre.
We May Collect Your Information Through
1. Our Web server collects the following access log information: IP address, click-stream data and HTTP protocol elements when you visit our site;
2. Public Chats, blogs, forums, bulletin boards and testimonials - If you participate in any Website chat room, discussion forum or post messages on the Website's bulletin board or as a testimonial, you are made aware that the information disclosed and shared will be broadly available to other persons, both inside of and / or outside the Company, who have access to the chat rooms, forums, bulletin board or testimonials. Participant's expressed opinion in his or own and should not be considered as reflecting the opinion of the Company.
3. Physical and Electronic Exchange of Mails - If you choose to correspond with us through mails, we may retain the content of your mails together with your email address and our responses.
4. Cookies - We collect HTTP cookies and web server logs to collect information as to how the website is being used and to provide you with tailored information from the website. A cookie is an element of data that a Web site can send to your browser, which may then store it on your system. You can set your browser to notify you when you receive a cookie, thereby giving yourself a chance to decide whether to accept or reject it.
5. Newsletters & Promotional Emails - You may receive newsletters and other email communications from the Company to share information with you about certain features / promotions the Website may choose to offer or about our affiliates, subsidiaries, business partners, advertisers and sponsors. You will have the option to unsubscribe from receiving unsolicited emails.
How We Use Information Collected
1. The information given by you on this web site is only used to get in touch with you, provide advisory services to you, improve our services and for bonafide protection purposes and is never shared with a third party, unless you consent to do so or under the request and authority of the Law of Land.
2. The Company shares the ownership of the information collected via the Website. As applicable, the information you provide to the company may be used to contact you about the Website, and Website related news; monitor and improve the Website; provide special offers to you from the company and / or our affiliates, sponsors, subsidiaries, other third parties and send promotional material on behalf of the company’s partners and advertisers on the website.
3. Cookies are used to track visitors to our website so we can better understand what portions of it best serves your interest. We also use cookies to control access to certain content on our website and to allow our server to maintain information about any subscription order that you make with us.
4. Cookies and Access log data may be used by us and our agents for the following purposes:
a. Web site and system administration
b. Access Control to certain content on the website
c. Research & development
d. Completion and support of the current activity
e. Anonymous user analysis
f. Anonymous user profiling and decision making
g. To maintain information about any orders you make with us and your preferences.
5. Information given by you is only used to get in touch with you and for our internal analysis, Implementation and bonafide protection purposes and is never shared with a third party, unless under the authority of the Law of Land or by your consent.
Data Security
1. We will not disclose your personal or usage data to any third party without your consent and we are committed to keep this data fully secure with us alone. We have a stringent Data Protection Policy and Practice which is well communicated to all our internal partners, stake holders and users of data including our employees. The Company or its website will take all the necessary steps towards safeguarding your personal and business information available with us. However, we would not be liable for any unauthorized disclosure of information due to no fault of ours, including, but not limited to errors in transmission, limitations in standard electronic protection technologies and unauthorized acts of any associate, agent or staff of the Company and/or Third Parties.
2. If infringement on any of declared Data Protection practice comes to our notice and knowledge, we will take adequate steps and measures to prevent it from happening again or to prevent it from causing any damage and if required, also initiate legal protections available to us to protect your rights. It is acknowledged and agreed by you that whatever may be the measures undertaken, it is impossible to completely and absolutely ensure and guarantee no data pilferage. You agree to keep us indemnified from any claim either from you or any of your assignees or any third party unless it is conclusively proven that the data pilferage happened with the intent, knowledge and participation of the management and owners of the Company.
3. In the event The Company is required to respond to subpoenas, court orders or other legal process with the applicable jurisdiction, the Users personally identifiable and other information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you. Additionally if it comes to our knowledge and if the Management is satisfied that the User is engaged in any illegal activity, we may bring it to the notice of the appropriate legal authority.
4. The Company may share collective information such as demographics and Website usage statistics with sponsors, advertisers or other third parties.
5. The Company or any of its assets, including the Website, may be sold, or other transactions may occur in which the information / data we collect is one of the key business assets. In such a case, your relationship with us, including your data that we may have collected, may be one of the business assets the Company transfers during such sale or transaction. You expressly agree to not object to such a sale so long the buying entity is committed to provide the services and the related privileges you are entitled to by virtue of the relationship between you as a service user and we as a company.
Changes to this Privacy, Security & Data Policy
The Company may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site.
GENERAL PROVISIONS
1. Export Compliance. Each party shall comply with the export laws and regulations as applicable in India and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing,
a. each party represents that it is not named on any government’s list of persons or entities prohibited from receiving exports, and
b. The User shall not permit access to or use the Services in violation of any applicable export embargo, prohibition or restriction.
2. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties.
3. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement except as specified assignees.
4. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
6. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Contract Forms), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of this Agreement upon written notice to the assigning party. In the event of such a termination, we shall refund to you - the user, any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
7. Entire Agreement. This Agreement, Premium Member Service Agreement & Contract Form, if any, for paid services availed by the Premium Members incorporated by reference and addenda hereto constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and Premium Member Service Agreement & Contract Form, if any for Paid Services availed by Premium Members only, the terms of Premium Member Service Agreement & Contract Form, if any shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in your purchase order or other order documentation (excluding Order Forms) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
Dispute Resolution
This Term of Use is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the use of this website, shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.
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