Personal
Finance Ideas
TERMS
AND CONDITIONS
BY
COMPLETING AND SUBMITTING A REGISTRATION FORM OR BY ACCESSING
THE PersonalFinanceIdeas.com DATABASE YOU ARE ACCEPTING
AND WILL BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS TO
THE EXCLUSION OF ANY OTHER TERMS AND CONDITIONS. THIS SERVICE
IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION
OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN
1.GENERAL NATURE
That the terms and conditions contained herein
are general in nature and the same governs the use and access
of PersonalFinanceIdeas.com and its sister/ affiliated websites.
Celerity Consultants (CC), owners of PersonalFinanceIdeas.com
reserves the right to prescribe and impose specific directions
and terms for the use and access of specific Services of PersonalFinanceIdeas.com.
2.INTERPRETATION
In these Terms and Conditions, the following
words and phases shall bear the following meanings:
2.1 "Data" means any data, information
or other material in any medium which is communicated or transmitted
to a Subscriber by the Service
2.2 "Host Service" means the central
computer, server, computers or computer network on which the
Service and/or Data is stored and/or from which the Data is
accessed by the Subscriber
2.3 "Personal Finance Ideas" is a
division of Celerity Consultants, having its office at A-6,
Nityanand CHS, Next to Amruta Restaurant, Uthalsar, Thane,
Mumbai -400601
2.4 "Invoice Date" means the date
on which an invoice is issued by Personal Finance Ideas to
the Subscriber and is determined by the date shown at the
top of the invoice and not by the date of posting or receipt
by the Subscriber
2.5 "Order Confirmation" means the
confirmation of an order placed by the Subscriber for the
Service in the form used by Personal Finance Ideas and as
modified by Personal Finance Ideas or CC from time to time
2.6 "Service" means the services provided
by Personal Finance Ideas and all the related services whether
directly provided by Celerity Consultants or by any of its
partner sites from time to time and includes, where the context
so requires or admits, any and all Data, information, database,
service or facility comprised in the Service from time to
time
2.7 "Subscriber" is any person(s)
or body at whose application Personal Finance Ideas provides
the service, either in their or its own right, or on behalf
of whom they make application.
2.8 "Subscription Fee" means the fee
paid by the Subscriber for accessing the Service in accordance
with the terms and condition in force on the Subscription
Start Date.
2.9 "Subscription Period" means the
period between the Subscription Start Date and the Subscription
End Date as per the subscription plan adopted by the Subscriber.
2.10 "Subscription Start Date" means
the date on which the Service is first made available to the
Subscriber by the opening of a unique account for the Subscriber,
as specified on the Order Confirmation
2.11 "Subscription End Date" means
the date on which the Subscriber's right to access the Services
expires in accordance with the subscription plan adopted by
the Subscriber.
2.12" Software" means any software
used by or available to the Subscriber for accessing the Service.
2.13"Terminal Equipment" means equipment
which enables the Subscriber to access the Service
3.PROVISION OF AND ACCESS TO THE SERVICE
3.1 On the payment of the Subscription Fee by
the Subscriber and on the issue of the Order Confirmation
by Personal Finance Ideas, the Subscriber shall be entitled
to access the Personal Finance Ideas database during the Subscription
Period. Provided that in case the Subscription Fee is remitted
by cheque/draft/postal orders, the Subscription Start Date
shall not commence till the amount has been cleared by the
Bank and credited to the account of Personal Finance Ideas.
Provided further that in case the payment of the Subscription
Fee is made with a credit card, then it will be subject to
the payment being credited to Personal Finance Ideas's account
by the payment gateway / Bank within the stipulated period.
3.2 The Subscriber shall:
(a) provide true, accurate, current and complete
information about the Subscriber, as prompted by the registration
form (such information being the "Registration Data")
and
(b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If the
Subscriber provides any information that is untrue, inaccurate,
not current or incomplete, or Personal Finance Ideas or CC
has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Personal Finance
Ideas or CC has the right to suspend or terminate the Subscriber's
account and refuse any and all current or future use of the
Service (or any portion thereof)
3.3 As per the terms of the Order confirmation
the Subscriber will be issued an account name and a password/
other identifiers by Personal Finance Ideas. Personal Finance
Ideas may alter these from time to time upon reasonable notice
being given to the Subscriber. The password is issued for
the use of the Subscriber only and is not transferable and
the Subscriber is entirely responsible for maintaining the
confidentiality of his/her/its password and account. The Subscriber
shall ensure that he/she duly exits from his/her account at
the end of each session. Personal Finance Ideas or CC cannot
and will not be liable for any loss or damage arising from
the Subscriber's failure to comply with this clause.
3.4 Furthermore, the Subscriber has overall
responsibility for any and all activities that occur under
the Subscriber's account, and Personal Finance Ideas or CC
can choose to initiate action against the Subscriber in case
of a breach of these terms and conditions.
3.5 The Subscriber agrees to indemnify Personal
Finance Ideas or CC against any unauthorised use, in breach
of these Terms and Conditions, of such password(s) including
its use by a third party where the Subscriber has allowed
or facilitated access to any Data, Third Party Data (as defined
in clause 10.3) or other data, however so received, in conjunction
with the subscription to the Service, by a third party, subject
to prior written consent of Personal Finance Ideas or CC.
3.8 The Terminal Equipment shall be of a type
which may be lawfully connected to the public switched telephone
exchange system, a broadband network or an internet over cable
systems all of whom are duly authorized by authorities. The
Subscriber shall be responsible for the operation and condition
of any Terminal Equipment, user Software and for all Internet
connections.
3.9 Personal Finance Ideas accepts no liability
whatsoever for the inability of the Subscriber to access the
Service due to failure or incompatibility of any kind between
the Terminal Equipment and/or the Subscriber Software and
the Service, or poor or disrupted telephone and/or Internet
connections or electricity supply, or disruption of other
communication facilities (including any internal or external
network services), or for any interruption or break in the
Service or access to the Service due to any technical failure
of the Terminal Equipment, the Subscriber Software or the
Host Service.
4.OTHER SERVICES
4.1 Personal Finance Ideas may allow Subscriber
at its discretion to use Personal Finance Ideas.com to distribute,
display, transmit or publish, via electronic mail, bulletin
board posting or otherwise, information, materials or other
works of authorship to other users of Personal Finance Ideas.com.
("Postings"). The Subscriber should ensure that
all Postings made, distributed, displayed, transmitted or
published by such Subscriber comply with all requirements
established and published by Personal Finance Ideas herein
and elsewhere in Personal Finance Ideas.com, as well as with
all applicable laws, rules and regulations. Postings may not
infringe or otherwise violate the rights of Personal Finance
Ideas or any third parties, including but not limited to intellectual
property and other ownership rights (including copyrights
and trademarks), privacy rights, and publicity rights. All
Postings must be in good taste and shall not contain any profanity,
vulgarity, pornography or other content that may be reasonably
considered offensive
4.2 Personal Finance Ideas shall allow Postings
only to facilitate the exchange of information between members.
Personal Finance Ideas does not hold itself out as a publisher
with respect to Postings by Subscriber or any other users
of Personal Finance Ideas.com. Accordingly, Personal Finance
Ideas does not represent that it will read and/or otherwise
screen Postings for content or compliance with these Terms
and Conditions for Personal Finance Ideas.com. Personal Finance
Ideas does reserve the right to utilize screening software
and to block or remove any Postings that it is made aware
of via this screening software, complaint, or otherwise and
that it believes, in its sole discretion, to violate the terms,
conditions, or spirit of these Terms and Conditions for Personal
Finance Ideas.com; however, Personal Finance Ideas does not
guarantee that it will so block or remove any or all such
Postings.
4.3 The Subscriber acknowledges that Personal
Finance Ideas may establish general practices and limits concerning
use of Postings Service, including without limitation the
maximum number of days that message board Postings or other
uploaded Content will be retained by the Service. The Subscriber
agrees that Personal Finance Ideas has no responsibility or
liability for the deletion or failure to store any messages
and other communications or other Content or Postings maintained
or transmitted by the Service. The Subscriber further acknowledges
that Personal Finance Ideas and CC reserve the right to change
these general practices and limits at any time, in its or
their sole discretion, with or without notice.
4.4 With regard to the Content and the Postings,
the Subscriber agree as follows:
(a) The Subscriber acknowledge that Personal Finance Ideas
does not pre-screen Content and Postings, but that Personal
Finance Ideas and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or
move any Content and its Postings that is available via the
Services outlined herein. Without limiting the foregoing,
Personal Finance Ideas and its designees shall have the right
to remove any Content and Postings that violates the Terms
and Conditions or is otherwise objectionable. The Subscriber
agrees that he/she/they must evaluate, and bear all risks
associated with, the use of any Content and/or Postings, including
any reliance on the accuracy, completeness, or usefulness
of such Content and/or Postings. In this regard, you acknowledge
that you may not rely on any Content and Postings created
by Personal Finance Ideas or submitted to Personal Finance
Ideas.
(b) The Subscriber acknowledges and agrees that Personal Finance
Ideas may preserve Content and/or Postings and may also disclose
Content and/or Postings if required to do so by law or in
the good faith belief that such preservation or disclosure
is reasonably necessary to:
(i) comply with legal process;
(ii) enforce the Terms and Conditions;
(iii) respond to claims that any Content and/or Postings violates
the rights of third-parties; or
(iv) protect the rights, property, or personal safety of Personal
Finance Ideas, its users and the public
(c) The Subscriber understands that the technical processing
and transmission of the Service, including the Subscriber's
Content and/or Postings, may involve
(i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements
of connecting networks or devices.
4.5 Personal Finance Ideas reserves the right
without notice to
(a) alter the arrangements for access to the Service or
(b) change the content, presentation and/or facilities of
the Service. Personal Finance Ideas will endeavor to give
the Subscriber reasonable notice of any alterations or changes
which are likely to adversely affect the Subscriber or constitute
a reduction in the service.
5.PRIVACY STATEMENT
5.1 It is Personal Finance Ideas's policy to
respect the privacy of its members. Personal Finance Ideas
will not monitor, edit, or disclose, to any third person,
any personal information about its Subscriber or their use
of the Service, including its contents, without the prior
permission of the Subscriber, unless Personal Finance Ideas
has a good faith belief that such action is necessary to:
(a) conform to legal requirements or comply with legal process;
or
(b) protect and defend the rights or property of Personal
Finance Ideas; or
(c) enforce these Terms and Conditions.
5.2 Registration Data and certain other information
about the Subscriber are subject to the Personal Finance Ideas
Privacy Policy
6.DURATION AND TERMINATION
6.1 This Agreement shall be deemed to commence
on the Subscription Start Date and shall continue for the
Subscription Period unless terminated by Personal Finance
Ideas for reasons contained in clause 6.2
6.2 Personal Finance Ideas may suspend or terminate
this Agreement without notice if:
(a) any Subscription Fee, renewal fee or any other fees, charges
or other payment due hereunder is unpaid for more than 30
days after becoming due
(b) The Subscriber commits a breach or default of any other
term hereof and fails to remedy it promptly on receiving notice
of it, or
(c) The Subscriber enters into liquidation or any arrangement
or composition with its creditors or if a receiver or administrator
or administrative receiver is appointed against any of its
assets or business
6.3 Personal Finance Ideas may withdraw the
Service, or any component of the Service, by giving the Subscriber
notice in writing at any time subject to a refund on a pro
rata basis of any Subscription Fee paid in advance.
6.4 Expiry or termination of this Agreement
shall be without prejudice to the accrued rights and obligations
of the parties.
6.5 Except in circumstances mention in clause
6.3 no refund shall be granted to the subscriber under any
circumstances after order confirmation and start of the service
by Personal Finance Ideas
7.COPYRIGHT AND PERMITTED USE
7.1 The copyright in the Data and anything submitted
by the Subscriber to Personal Finance Ideas such as postings
is and remains the property of Personal Finance Ideas and
its licensors. Save where expressly permitted by these Terms
and Conditions, the Data may not be copied, distributed, sold,
reproduced, licensed or dealt with in whole or in part without
the prior consent of Personal Finance Ideas.
7.2 Data supplied by means of the Service shall
be used by the Subscriber solely for internal use and shall
not be used otherwise save with the prior written consent
of Personal Finance Ideas, upon such terms and conditions
as Personal Finance Ideas may from time to time require. The
Subscriber will use all reasonable endeavors to credit Personal
Finance Ideas as the source of the Data on any internal dissemination
or use of the Data.
7.3 The Subscriber shall not reproduce, sell,
license or otherwise make the Data or any other information
provided by Personal Finance Ideas or any portion thereof
available (whether or not for a fee) to any third party (including
clients and associated companies) without Personal Finance
Ideas's prior written consent.
7.4 It is acknowledged that materials and documents
received from the various licensors is provided with their
permission and may not be reproduced by the Subscriber in
any medium or used save as permitted from time to time by
the respective licensor specified on this behalf and the news
agency.
7.5 The Subscriber acknowledge and agree that
the Service and any necessary software used in connection
with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. The Subscriber further
acknowledges and agrees that content contained in sponsor
advertisements or information presented to the Subscriber
through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Personal Finance
Ideas or advertisers, the Subscriber agrees not to modify,
rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
7.6 Personal Finance Ideas grants the Subscriber
a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a computer; provided
that the Subscriber does not (and does not allow any third
party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software.
The Subscriber agree not to modify the Software in any manner
or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. The Subscriber agree not to access
the Service by any means other than through the interface
that is provided by Personal Finance Ideas for use in accessing
the Service
8.CHARGES
8.1 The Subscriber shall pay the Subscription
Fee for the provision of Service as stated on the Subscription
Form. Notwithstanding the foregoing the Subscriber shall also
be liable to remit such other fee / charges mentioned in the
foregoing clauses.
8.2 All charges as shall be payable on a usage
basis shall be calculated by reference to the details of usage
recorded by Personal Finance Ideas and not by any apparatus
or means used by the Subscriber and any invoice issued in
relation to those charges by Personal Finance Ideas shall
be binding and conclusive save in cases of manifest error.
This includes the use of such additional and value added services
which may be introduced by Personal Finance Ideas in future.
8.3 All charges are payable as from the Subscription
Start Date and with the frequency stated on the Order Confirmation.
8.4 Personal Finance Ideas reserves the right
to increase Subscription Fees and charges on 30 days prior
written notice to the existing Subscribers
8.5 The Subscriber will be responsible for all
Internet connection charges and utility charges.
8.6 If any bills on account of additional fee
/ charges / renewal fee not paid within 30 days from the date
(i.e. due date) of the bill will be then Personal Finance
Ideas shall be entitled at its discretion to levy interest
on all outstanding amounts due at a rate of 12 % per annum.
8.7 All the payments (includes any Subscription
Fee, renewal fee or any other fees, charges or other payment)
thru Cheque /Demand Draft /Postal Orders will be made in favour
of "Celerity Consultants" and payable at Mumbai.
9.LIMITATION OF LIABILITY
9.1 Whilst Personal Finance Ideas obtains information
for inclusion in its databases from sources which it considers
reliable and endeavors to ensure the accuracy of all Data
contained in the Service, neither Personal Finance Ideas nor
its agents make any representation or give any warranty, either
express or implied, as to the accuracy, adequacy or fitness
for any purpose of any Data received by means of the Service.
9.2 Personal Finance Ideas shall not in any
circumstances be liable to the subscriber whether in contract,
tort or otherwise, for any consequential or indirect loss
or damage or any loss of profits or loss of contracts howsoever
arising. Personal Finance Ideas's liability to the subscriber
for direct loss or damage, whether in contract, tort or otherwise,
shall be limited to the Subscription Fee for the unused portion
of the subscription entitlement which would be calculated
on a pro rata basis.
9.3 Save as mentioned in the above clause 9.2
neither Personal Finance Ideas nor its agents shall have any
liability whatsoever to the Subscriber for any loss (including
indirect or consequential loss) damage cost or expense suffered
or incurred (whether arising in tort, contract or otherwise,
and whether arising from the negligence of Personal Finance
Ideas or its employees or agents and whether asserted against
Personal Finance Ideas or against the Subscriber) arising
directly or indirectly out of the use or supply of the Service
or the Data. All warranties express or implied, which are
inconsistent with this paragraph, are hereby expressly excluded.
9.4 Transmission of Data by Personal Finance
Ideas is not intended to create, and receipt does not constitute,
a consultant-client relationship between Personal Finance
Ideas, the author(s), or the publishers and the Subscriber.
The opinions and advice found or sourced from the Personal
Finance Ideas.com database are those of the authors and not
necessarily those of Personal Finance Ideas. Personal Finance
Ideas does not subscribe to the views expressed by its reporters
or authors. Personal Finance Ideas makes no representations
with respect to the Data, including but not limited to its
accuracy, completeness, timeliness, reliability, or relevancy
in a particular jurisdiction
9.5 Subject to the provisions contained herein,
Personal Finance Ideas shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting from, arising
out of or any way related to
(a) Any errors in or omissions from Personal Finance Ideas.com,
including but not limited to any postings on the site,
(b) Any third party websites or content therein directly or
indirectly accessed through links in Personal Finance Ideas.com,
including but not limited to any errors in or omissions therefrom,
(c) The unavailability or interruption of Personal Finance
Ideas.com or any portion thereof,
(d) Any misprint, printers bloomers, spelling mistakes, variations
in content or mistakes arising in the course of data conversion
and such mistakes arising in the course of XML and HTML conversion
of text data or vice versa as the case may be.
(e) The use of Personal Finance Ideas.com
(f) The use of any equipment or software in connection with
Personal Finance Ideas.com,
(g) The views and opinions expressed by editors, authors or
users of Personal Finance Ideas.com and such other content
posted and displayed on the site
(h) The accuracy, completeness, timeliness, reliability, or
relevancy of its data to a particular jurisdiction, industry
or fact situation.
(i) Blocking, removal or the failure to block or remove Postings
(j) Any delay or failure in performance.
9.6 The Subscriber shall indemnify Personal
Finance Ideas against all costs claims demands or expenses
incurred by or made against Personal Finance Ideas as a result
of any breach by the Subscriber of these Terms and Conditions.
10.THIRD PARTY DATA
10.1 Personal Finance Ideas, as a service to
its Subscribers, wherever possible provides appropriate links
to other sites over which Personal Finance Ideas has no control
over their content or availability. Personal Finance Ideas
shall not be responsible or liable in any manner for contents,
contained in any of the linked site and the said links are
being provided merely as an additional service to the Subscriber
10.2 The Subscriber 's correspondence or business
dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between the Subscriber and such advertiser. The
Subscriber agree that Personal Finance Ideas shall not be
responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
10.3 Certain Data comprising the Service from
time to time may be provided by Personal Finance Ideas acting
as agents for third party database owners ("Third Party
Data). The Subscriber acknowledges that all copyright, trademarks
and other intellectual property rights subsisting in Third
Party Data remains the property of such Third Party Data owners
or their licensors.
10.4 The Subscriber further acknowledges that
Personal Finance Ideas has no means of monitoring or verifying
Third Party Data and can accept no liability for its accuracy
or completeness or for its continued availability. Any queries
or complaints about third party Data must be taken up by the
Subscriber directly with Third Party Data suppliers.
11.ASSIGNMENT
The Subscriber may not assign the benefit or
burden of this Agreement or any part thereof without the written
permission of Personal Finance Ideas.
12.FORCE MAJEURE
Personal Finance Ideas shall be under no liability
for any failure, delay or omission on its part if the same
arises from any cause beyond Personal Finance Ideas's reasonable
control including (but not limited to) acts of god, acts or
regulations of government or other authorities, war, fire,
strikes or other labour and industrial disputes, power failure,
failure of telecommunication lines connections or equipment
or failure or defects in any hardware or software owned or
supplied by third parties.
13.SERVICE OF NOTICE
Any notice to be given to either party by the
other shall be in writing and delivered by hand or pre-paid
post to the parties at one of the following addresses: To
Personal Finance Ideas: Celerity Consultants. A-6, Nityanand
CHS, Uthalsar, Thane,Mumbai-400601, India. To the Subscriber:
at the address at which the Service is provided or the address
of the Subscriber shown on the Subscriber's last invoice or
any address subsequently notified in writing by the Subscriber
to Personal Finance Ideas.
14.DISPUTES SUBJECT TO ARBITRATION
Any dispute or claims arising out of or in relation
to or in connection with this Agreement including in particular
in relation to the breach of any term or covenant hereof including
as to breach of confidentiality, non-compete or any other
provision shall be referred to Arbitration of a retired judge
or an independent firm counsel acting as sole arbitrator.
The sole arbitrator shall be appointed at the discretion of
Personal Finance Ideas and parties shall proceed to Arbitration
in accordance with this Agreement, trusting in the fairness
and propriety of the Arbitrator/s. The arbitration shall be
held in Thane.
15.APPLICABLE LAW
This Agreement shall be construed in accordance
with the laws of India and shall be subject to the exclusive
jurisdiction of the courts at Thane, India.
16.ENTIRE AGREEMENT
This Agreement shall form the entire agreement
between the parties and supersedes all prior agreements arrangements
or understandings about its subject matter. No variation of
this Agreement shall be effective unless in writing signed
by the parties.
17.VARIATIONS
These Terms and Conditions, may be changed,
modified and altered by Personal Finance Ideas from time to
time immediately upon notice. The notice would be posted at
the PersonalFinanceIdeas.com site for a period of one week
and the Subscriber may immediately terminate access to PersonalFinanceIdeas.com
upon notice to Personal Finance Ideas if any change is unacceptable.
Continued use of PersonalFinanceIdeas.com following any change
constitutes acceptance of the change.