Access to and use of ‘Service/s’ @ http://www.ppi.net.in, including chat rooms and discussion groups [herein referred to as the ‘Web-Site’], are subject to the following terms, conditions and notices and ‘PPI’ may at any time without notice to you and at its sole discretion, update and modify the terms, conditions and notices mentioned herein, by updating its ‘Web-Site’.
By accessing the ‘Web-Site’, you accept and agree to be bound by the terms, conditions and notices set forth herein to the extent that, if you have entered into a written agreement containing terms that directly conflict with any terms mentioned herein this ‘Use Terms and Conditions’, then such conflicting terms set forth in the written agreement shall prevail.
OUR PHILOSOPHY AND SCOPE OF THE ‘USE TERMS AND CONDITIONS’
We make every reasonable effort to ensure that information held by us is confidential and secure and these security practices are reviewed regularly and many of our business decisions, including web-design, technology selections and third-party business relationships are governed by consideration for your privacy.
The terms ‘PPI’ and ‘you’ are hereinafter jointly referred to as the ‘PARTIES’.
‘USE TERMS AND CONDITIONS’ / ‘AGREEMENT’
1) Protection of Your Personal Information, Member Account, Password and Data Security:
a) If any of the ‘Service/s’ provided by ‘PPI’ on the ‘Web-Site’, requires you to open an account on the ‘Web-Site’, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable Registration Form. The personal information that you provide in connection with registering yourself as a user of the ‘Web-Site’ or of the ‘Service/s’ is herein referred to as ‘Registration Information’. Such Registration Information is protected in several ways
b) We have taken all reasonable steps to provide secure transmission of your information from your computer to our servers. We use 64 bit encryption when transmitting any data. All data submitted to our web server, is stored in an encrypted format. Encryption provides a secure means to protect your information as it passes over the Web to our servers, thereby striving to prevent unauthorized parties from viewing such information.
c) The facilities that house our servers, network devices, backup storage media and other equipment and information are physically secured and attended.
2) Use of Material; Non-Commercial Purpose:
a) The contents of the ‘Web-Site’ include contents owned or controlled by ‘PPI’ and/or contents owned or controlled by third parties and the same being licensed and/or provided to ‘PPI’.
b) Unless otherwise specified by ‘PPI’, the ‘Service/s’ and the ‘Web-Site’ generally are for your personal and non-commercial use, thus you may not modify, copy, distribute, transmit, display, perform, reproduce, print, publish, license, create derivative works nor transfer or sell any information, software, products or ‘Service/s’ obtained from ‘PPI’ herein.
3) Links and Other Sites:
a) These Linked Sites are provided to you only as a convenience and it does not imply an endorsement of the Linked Sites by ‘PPI’ nor does it imply an association of ‘PPI’ with its operators. You acknowledge and agree that ‘PPI’ shall not be responsible or liable for any damage or loss caused by or in connection with the use of or reliance on any content, goods or services available on or through any Linked Sites.
4) Copyright Issues:
‘PPI’ respects the intellectual property of others and we ask you to do the same. ‘PPI’ may, in appropriate circumstances and at its discretion, remove or disable access to any material on the ‘Web-Site’ that it believes may infringe on the rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please send an e-mail to ‘PPI’ at email@example.com
5) Chat Rooms and Discussion Groups:
The ‘Web-Site’ contains chat rooms, intending to provide users with a valuable resource on selected topics. Much, if not most, of the content found on such chat rooms and discussion groups is provided by third party users and not ‘PPI’. The third party user who has posted content in a chat room or discussion group is responsible for such content and not ‘PPI’.
a) Standard of Conduct:
You agree that you are responsible for your own communications with respect to any chat room or discussion group and for any consequences thereof. Furthermore you agree to use the chat rooms and forums only to post, send and receive messages and material that are proper and related to a particular chat room or discussion group. You also agree that when using a chat room or a discussion group on the ‘Web-Site’ you will not:
i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
ii) Publish, post, upload, distribute, disseminate any topic, name, material, information or other content nor offer to do the same, that is or may be unlawful, harmful, threatening, abusive, harassing, tortuous, infringing, defamatory, libelous, inappropriate, profane, vulgar, obscene, indecent, hateful, racially/ ethnically or otherwise objectionable or invasive of another''''''''''''''''''''''''''''''''s privacy;
iii) Post material containing software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
v) Advertise or offer to sell or buy any goods or services for any business purpose;
vi) Conduct or forward surveys, contests, pyramid schemes or chain letters;
vii) Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
viii) Impersonate, or falsely state or otherwise misrepresent your affiliation with, any other person or entity;
ix) Falsify or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of software or other material contained in a file that is posted;
x) Restrict or inhibit any other user from using and enjoying the ‘Web-Site’;
xi) List or collect information about other users, including e-mail addresses, without their consent; or
xii) Violate any applicable laws or regulations.
b) No Endorsement:
i) Although consultants are appointed by ‘PPI’, ‘PPI’ cannot practically prescreen or control the content of their postings and so does not endorse any such posting. However, ‘PPI’ will make commercially reasonable efforts to remove any inaccurate or inappropriate posting.
ii) If you are concerned about the content of any posting, please e-mail your concerns to firstname.lastname@example.org.
iii) You acknowledge that any reliance by you on any material in any posting will be at your own risk. Moreover, you understand that by using the ‘Web-Site’, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will ‘PPI’ be liable in any way for the content of any posting, including but not limited to, any errors or omissions in its content or any loss or damage of any kind incurred as a result of the use of any content posted.
c) No Obligation to Monitor:
Except to the extent specifically set forth in this ‘Use Terms and Conditions’, ‘PPI’ has no obligation to monitor any chat room or discussion group, including for the purposes of removing material that is inaccurate, offensive or inappropriate or material which otherwise violates this Agreement/‘Use Terms and Conditions’. Notwithstanding the foregoing, ‘PPI’ reserves the right to monitor, for any purpose, any chat room or discussion group at any time.
d) Certain ‘PPI’ Rights:
In addition to reserving the right to monitor, for any purpose, any chat room or discussion group at any time, ‘PPI’ also reserves the right, at any time to:
i) disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar; or
ii) edit, refuse to post or remove any information or materials, in whole or in part, for any reason whatsoever, at the sole discretion of ‘PPI’. If ‘PPI’ discovers any communication that is alleged not to conform to any term/s hereof, then ‘PPI’ may at its sole discretion investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication; provided, however, that ‘PPI’ will have no liability or responsibility for the performance or nonperformance of such activities.
‘PPI’ does not claim ownership of the content you or other users provide, post, upload, input or submit on the ‘Web-Site’. However, by posting your submission you are granting ‘PPI’ a royalty free, perpetual, irrevocable, non-exclusive license to use your submission in connection with the operation of the ‘Web-Site’, such license to include the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such right.
a) You agree to defend, indemnify and hold ‘PPI’, as well as its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your violation of these terms and conditions of use.
b) Your use of the ‘Web-Site’ is at your own risk. In no event shall ‘PPI’ be liable for any damages including without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption, arising out of or in connection with the ‘Web-Site’ or the contents herein or in reliance on the information available on the ‘Web-Site’, whether based on warranty, contract, tort or any other legal theory, and whether or not ‘PPI’ is advised of the possibility of such damages.
c) If you are dissatisfied with any of the ‘Service/s’ or other contents of the ‘Web-Site’ or with this Agreement/‘Use Terms and Conditions’, your sole and exclusive remedy for dissatisfaction with the ‘Web-Site’ is to discontinue the use of the ‘Web-Site’.
7) Agreed Guidelines:
a) Respect the privacy and views of others;
b) Do not use ‘PPI’ to promote any specific goods or services unless authorized by ‘PPI’;
c) Do not use ‘PPI’ for unlawful purposes;
d) Do not post obscene, defamatory, harmful, or knowingly false information;
e) You cannot use to advertise for your business, promote your services etc.
8) Online Communication:
a) You would typically receive a confirmation e-mail on registering with ‘PPI’ and general reminders thereafter.
b) We may also occasionally collect information by using online surveys and promotions. You will not be compulsorily required to participate in these surveys and you may opt-out from even receiving requests to enter such surveys.
c) We will also offer a channel for marketing communication from providers and other e-learning solution providers.
d) You can send an email to us in case erroneous data is stored in respect of your account and we shall rectify/ update the same.
9) General Terms:
a) You understand and agree that the services provided from time to time by ‘PPI’ on the ‘Web-Site’ are provided for your convenience. Furthermore you understand and agree that:
b) ‘PPI’ attempts to be as accurate as possible. However, the information available on the ‘Web-Site’ is presented in a summary form and is provided for informational purposes only and is not intended in any way to be a substitute for any professional examination or assessment of individuals’ knowledge, work performance and skill.
c) Unless expressly provided otherwise by ‘PPI’, all comments, feedback, information or materials submitted by you to ‘PPI’ through or in association with the ‘Web-Site’ shall be considered non-confidential and ‘PPI’ property. By submitting such comments, feedback, information or materials to ‘PPI’, you agree, at no cost or fee, to assign to ‘PPI’ of all worldwide rights, title and interest in copyrights and other intellectual property rights to such comments, feedback, information or materials.
d) You grant ‘PPI’ and all other persons or entities involved in the operation of the ‘Web-Site’, all the right, title and interest to transmit, monitor, retrieve, store and use your information in connection with the operation of your records.
e) You agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data and for maintaining records as external means to the ‘Web-Site’ for the reconstruction of lost data.
‘PPI’ reserves the right, at its sole discretion, to terminate your access to and use the said ‘Service/s’ or the ‘Web-Site’ or any part hereof, to remove and discard any material posted by you hereon, for any reason whatsoever, including but not limited to:
a) Lack of use of the said ‘Service/s’ and/or the ‘Web-Site’; or
b) If ‘PPI’ believes that you have violated or acted inconsistently with the letter or spirit of this Agreement/‘Use Terms and Conditions’; or
c) If ‘PPI’ believes that you have violated the rights of ‘PPI’ or any third party; or
d) Discontinuance of operation/s of the ‘Web-Site’, or any part hereof; or
e) Any reason whatsoever, with or without notice to you and without ‘PPI’ being liable to pay any penalty for the same.
Upon any such termination, ‘PPI’ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access by you to such ‘Service/s’ and/or files or the ‘Web-Site’ generally. Further, ‘PPI’ shall not be liable to you or any third-party for any termination of your access to the said ‘Service/s’ and/or the ‘Web-Site’ generally.
11) Dispute Resolution:
a) ‘PPI’ and you agree and admit that any dispute arising between ‘PPI’ and you shall be referred to a sole Arbitrator, under the following terms and conditions;
i) The sole Arbitrator shall be appointed by any one of the Members of ‘PPI’ only.
ii) The sole Arbitrator shall have the powers to decide each and every matter arising out of this Agreement/‘Use Terms and Conditions’ and/ or in respect of any other dispute arising between ‘PPI’ and you, which is not specifically stated herein.
iii) The sole Arbitrator shall have the power to decide all issues relating to damages, compensations, loss of profits, infringement of intellectual property rights, etc. and any other claims by either PARTY along with interest pendent-lite and interest on the award and also including all restraining orders, etc. except those which are specifically barred from the jurisdiction of the Arbitrator under the laws in force.
iv) The venue of Arbitration shall be at any one of the offices of ‘PPI’ in the City of Pune, comprised in the State of Maharashtra, INDIA only. The PARTIES agree that such fixation of venue shall save cost of Arbitration for both the PARTIES and shall not in any manner prejudice the other PARTY. Provided however that, once an office of ‘PPI’ is fixed for Arbitration, neither PARTY shall be entitled to demand a change in the venue/office, except in case of unavoidable circumstances such as change in address of ‘PPI’.
v) The Arbitration proceedings shall be conducted on a weekly basis. i.e. there shall be at least 1 (one) hearing in each week, except in case of any act of God which makes it impossible. The PARTIES undertake to extend all co-operation to the Arbitrator and to follow the schedule of dates as may be fixed by the Arbitrator.
vi) The Arbitrator shall be free to follow the procedures at his/ her sole discretion, which in his/ her opinion suffices to decide the issues raised by the PARTIES.
vii) The cost of the Arbitration, along with the Arbitrator’s fee shall be borne by the PARTY against whom the award is passed, except in a case where any adverse order is passed against both the PARTIES, the Arbitrator shall, at its sole discretion, decide as to which party shall pay the costs.
viii) In respect of all matters or procedures not specifically prescribed in this Arbitration agreement, the Arbitration and Conciliation Act, 1996 shall apply.
b) ‘PPI’ controls the ‘Web-Site’ from its offices in the City of Pune, comprised in the State of Maharashtra, INDIA. You agree that any legal action, proceeding or other matters relating to your access to the said ‘Service/s’ or use of the ‘Web-Site’ generally, shall be governed by Indian laws and you further agree to submit yourself to the sole and exclusive jurisdiction and venue of the Courts in the City of Pune, comprised in the State of Maharashtra, INDIA, for all and any matters arising out of or concerning or relating to or touching this Agreement/‘Use Terms and Conditions’, including the above Arbitration Agreement
I admit and agree that I have understood this ‘Agreement'''' / ‘Use Terms and Conditions’ and hereby agree to the above terms and conditions.