Terms of Use
These terms and conditions (“Terms and Conditions”) constitute a binding legal agreement
between you and Upajivan Advisory India LLP. ("Upajivan") governing your access to and use of
the website and its Content (as defined below) located at www.upajivan.com (the “Site”).
NOTE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, BROWSING,
REVIEWING AND/OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ,
UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT
LIMITATION OR QUALIFICATION AND THAT YOU SHALL COMPLY WITH ALL APPLICABLE LAWS,
RULES AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS, DO NOT USE THE SITE.
The Site may contain additional proprietary notices and copyright information, the terms and
conditions of which must be observed and followed. Information on the Site may contain technical
inaccuracies or typographical errors. Upajivan may, in its sole discretion, revise, amend, modify or
delete portions of these Terms and Conditions at any time without notice to you. It is at all times
your responsibility to read the most current version of these Terms and Conditions. Your continued
use of the Site constitutes your acceptance of any revisions, amendments, modifications or
deletions to these Terms and Conditions.
Copyrights and Use of Site Content
- All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations
thereof, appearing in this site, except as otherwise noted, are properties either owned, or used
under licence, by the business and / or its associate entities who feature on this Website. The use of
these properties or any other content on this site, except as provided in these terms and conditions
or in the site content, is strictly prohibited.
- You may not sell or modify the content of this Website or reproduce, display, publicly perform,
distribute, or otherwise use the materials in any way for any public or commercial purpose without
the respective organisation’s or entity’s written permission.
Trademarks
- The trademarks, service marks, logos and trade names (the "Trademarks") used and displayed on
the Site, including, but not limited to, UPAJIVAN®, are registered and unregistered Trademarks of
Upajivan. Other trademarks, service marks, logos and trade names may be owned by others.
Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any
license or right to use any Trademark or any other Upajivan intellectual property displayed on the
Site. Upajivan aggressively enforces its intellectual property rights to the fullest extent of the law.
The trademark and trade name UPAJIVAN® and any other Trademarks shall not be used in any
way, including in advertising or publicity pertaining to distribution of Content on the Site, without
prior written permission from Upajivan and you shall not refer to or attribute any information to
Upajivan or its licensors in any public medium for promotional or advertising purposes, or
otherwise, or for the purpose of influencing a third party. Upajivan also prohibits use of
UPAJIVAN® and any other Trademarks as part of a link to or from any site unless establishment of
such a link is approved in advance by Upajivan in writing.
ACCEPTABLE WEBSITE USE
(A)SecurityRules
- Visitors are prohibited from violating or attempting to violate the security of the Web site,
including, without limitation, (1) accessing data not intended for such user or logging into a server
or account which the user is not authorised to access, (2) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measures without
proper authorisation, (3) attempting to interfere with service to any user, host or network,
including, without limitation, via means of submitting a virus or "Trojan horse" to the Website,
overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail,
including promotions and/or advertising of products or services. Violations of system or network
security may result in civil or criminal liability. The business and / or its associate entities will have
the right to investigate occurrences that they suspect as involving such violations and will have the
right to involve, and cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations.
(B)General Rules
- Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that
could constitute or encourage conduct that would be considered a criminal offence or violate any
applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade
secret or other intellectual property rights of others or violate the privacy or publicity of other
personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene,
threatening, abusive or hateful.
INDEMNITY
- The User unilaterally agree to indemnify and hold harmless, without objection, the Upajivan, its
officers,Partners, directors, employees and agents from and against any claims, actions and/or
demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting
from their use of www.upajivan.com or their breach of the terms.
LIABILITY
- User agrees that neither Upajivan nor its business networks, partners, directors, officers or
employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and
consequential or/and exemplary damages, resulting from the use or/and the inability to use the
service or/and for cost of procurement of substitute goods or/and services or resulting from any
goods or/and data or/and information or/and services purchased or/and obtained or/and
messages received or/and transactions entered into through or/and from the service or/and
resulting from unauthorized access to or/and alteration of user's transmissions or/and data
or/and arising from any other matter relating to the service, including but not limited to, damages
for loss of profits or/and use or/and data or other intangible, even if Upajivan has been advised of
the possibility of such damages.
- User further agrees that Upajivan shall not be liable for any damages arising from interruption,
suspension or termination of service, including but not limited to direct or/and indirect or/and
incidental or/and special consequential or/and exemplary damages, whether such interruption
or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or
advertent.
- User agrees that Upajivan shall not be responsible or liable to user, or anyone, for the statements
or conduct of any third party of the service.
- In sum, in no event shall Upajivan's total liability to the User for all damages or/and losses or/and
causes of action exceed the amount paid by the User to Upajivan , if any, that is related to the cause
of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
- In no event shall Upajivan or any parties, organizations or entities associated with the corporate
brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever
(including, without limitations, incidental and consequential damages, lost profits, or damage to
computer hardware or loss of data information or business interruption) resulting from the use or
inability to use the Website and the Website material, whether based on warranty, contract, tort,
or any other legal theory, and whether or not, such organization or entities were advised of the
possibility of such damages.