Terms and conditions
2. ACCESSING THE SITE
2.1 The Site may be accessed through the internet or through WAP (Wireless Application Protocol) services provided by certain mobile network providers and such access is permitted on a temporary basis. PI reserves the right to, at our sole discretion, withdraw or vary the services we provide on the Site without any prior notice.
2.2 We are constantly seeking to improve and develop the Site and from time to time, PI may restrict access to some parts of the Site, or the entire Site. You accept PI will not be liable if, for any reason, the Site is unavailable at any time or for any period.
2.4 You are responsible for making all arrangements necessary for you to have access to the Site including any charges associated with such access. PI shall not be held responsible for any reduced functionality, resulting from or in connection with, your accessing the Site through the internet or WAP services. By accessing or agreeing to receive messages or notifications from the Site through your mobile phone or any other mobile media device you may incur charges from your wireless or mobile service provider. PI shall not under any circumstances be liable for such charges.
2.5 The Site is maintained, controlled and operated by PI from the India and we make no representation that any of the Site’s content is appropriate or available for use in other territories. If you access the Site from outside the India, you accept that you are responsible for compliance with all applicable local laws and regulations.
3. NON-REGISTERED USERS
3.1 As a non-registered user, you will only have access to certain parts of the Site. You will not have a profile page or the ability to upload material, write reviews or be entitled to other benefits of a registered user. You must register as a user if you want to take advantage of these services.
4. REGISTERED USERS
4.2 PI shall not be held liable for any harm or damage caused or related to the theft, misappropriation of, disclosure of, or authorisation of the use of your username or password. You agree to immediately notify PI if you become aware of, or suspect that the security of your account has been compromised.
4.3 We may refuse to grant you a username that has already been selected by another user, impersonates someone else, is or may be protected by trademark or other intellectual property law, or is deemed offensive or otherwise inappropriate by PI, at its sole discretion.
4.4 PI may at its sole discretion, deactivate any user account or user names that have been inactive for more than 180 days.
5.1. To access certain services (“Paid Services”) which we provide through the Site, you may be required to pay a fee (“Fee”). All Fees stated are exclusive of tax, unless otherwise stated.
5.2 You agree that, where you subscribe to any Paid Services you will honour your payment obligations.
5.4 Failure to pay any Fee due may result in the suspension or termination of the relevant Paid Services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees applicable to that period. To avoid future charges, you must notify us of your intention to cancel before the renewal date by contacting firstname.lastname@example.org , or by cancelling your subscription within the Account’ section when logged in to your profile. We will however endeavour to send you a reminder in advance of the renewal date. We will also give you an opportunity to cancel after renewal, free from any cancellation fee.
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees applicable to that period. To avoid future charges, you must notify us of your intention to cancel before the renewal date by contacting email@example.com , or by cancelling your subscription within the Account’ section when logged in to your profile. We will however endeavour to send you a reminder in advance of the renewal date. We will also give you an opportunity to cancel after renewal, free from any cancellation fee.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
6. UPLOADING MATERIAL TO THE SITE
6.1 As a registered user, we may now or in the future provide you with the ability to upload or submit material, including, without limitation, text, photographs, graphics, video or audio material and any underlying material (“Material”) to the Site. Whenever you make use of a feature that allows you to upload Material to the Site, or make contact with other users of the Site, you must comply with the relevant Projekt Indigo Do’s and Don’t’s set out at Sections 7 and 8 below.
6.3 You agree to waive any moral rights (or any similar rights in any jurisdiction) you may have in and to any of your Material, even if it is modified, altered or changed in a manner which is not agreeable to you.
6.5 You warrant that:
6.5.1 any Material you submit or upload to the Site complies with the applicable requirements set out in Sections 7 and 8 below; and
6.6 When you upload Material to the Site it may be publicly available which means that both non-registered and registered users can view your Material. PI shall be free to position your Material anywhere on the Site, as we choose in our sole discretion.
6.7 PI does not exercise any editorial control over Material submitted on your profile and as such, we do not have any obligation to check the accuracy or truthfulness of the Materials, nor to monitor any users’ use of the Site.
6.8 We have the right but not the obligation, at our sole discretion, to remove any Material that you submit or upload to the Site.
6.9 You agree that by accessing the Site you may be exposed to Material which you find, vulgar, offensive, or otherwise objectionable. You accept that you access the Site at your own risk.
7. USER DO’S
7.1 You agree that you will:
7.1.2 use your real name on your public profile;
7.1.3 use an image which is truly your own on your public profile; and
7.1.4 use the Site in a professional manner.
8. USER DON’TS
8.1 You agree NOT to:
8.1.1 access or use the Site for any unlawful purposes.;
8.1.2 access the Site and its contents for any commercial or similar purpose, including advertising or selling any goods or services (other than where you are seeking to promote your own business or practices relevant to the purpose of the Site). Otherwise, the Site is provided for your own personal and non-commercial use. We reserve the right to remove any links at any time for any reason without notice to you at our sole discretion;
8.1.3 submit or upload Material that is unlawful or promote or encourage any illegal activity, or that would violate the property or any rights of others;
8.1.4 upload or submit Material that is defamatory, obscene, pornographic, sexually explicit, abusive, harassing, threatening or offensive, racially, ethnically or otherwise objectionable or otherwise violates the privacy, publicity or any other rights of others;
8.1.5 upload or submit any Material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or otherwise is not in compliance with any applicable law;
8.1.6 copy, adapt, alter or create a derivative work from any content on the Site
8.1.7 submit Materials of any third party without such third party’s prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by EFG or a third party;
8.1.8 impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, your current or previous positions, qualifications or affiliations with a person or entity, or to collect information about other users;
8.1.9 create a business profile for an business you are not affiliated with;
8.1.10 submit any Materials containing links to any offensive or unsuitable website addresses, such as pornographic or commercial sites;
8.1.11 solicit, collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any Material, data or information, whether personally identifiable or not, posted by or concerning any other user, unless either (a) you are reproducing or sharing the Material belonging to another user solely using the sharing functionality made available within the Site or (b) where you have obtained the express, prior written permission of such other person, firm or enterprise to do so;
8.1.12 conduct or forward surveys, contests, pyramid selling schemes or chain letters;
8.1.13 submit any Material or do anything that results in the transmission of junk email, chain letters, duplicative or unsolicited messages or so-called “spamming” and “phishing”;
8.1.14 use other users’ personal data for purposes other than making contact with them that is reasonably expected to be welcomed by such other users;
8.1.15 upload or submit any Material containing any virus, corrupt file, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept, gain unauthorised access to or expropriate any data or personal information;
8.1.16 interfere with another user’s use and enjoyment of the Site or use the Site in any other manner that could damage, disable, overburden or impair the Site;
8.1.17 use or attempt to use another user’s account;
8.1.18 harass, abuse or harm another person;
8.1.19 develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Site or otherwise copy profiles and other data from the Site;
8.1.20 solicit email addresses or other personal information from users you don’t know, without authorisation;
8.1.21. use, disclose or distribute any data obtained in violation of this policy;
8.1.22. disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
8.1.23 violate the intellectual property or other rights of EFG, including, without limitation, (i) copying or distributing our resources, videos, articles or guides or (ii) copying or distributing our technology, unless it is released under open source licences;
8.1.24 manipulate identifiers in order to disguise the origin of any message or post transmitted through the Site;
8.1.25 create profiles or provide content that promotes escort services or prostitution;
8.1.26 create or operate a pyramid scheme, fraud or other similar practice; or
8.1.27 reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology that is not open source.
9.2 You will co-operate fully and reasonably as required by PI in the defence of any claim. Notwithstanding the foregoing, PI retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against EFF under the terms of and conditions of this Section 7 and in no event shall you settle any such action with PI’s prior written approval.
11. HOW TO MAKE A COMPLAINT OR REPORT COPYRIGHT INFRINGEMENT
11.1 You can report abuse or complain about content or Materials on the Site by sending an email to firstname.lastname@example.org with abuse or complaint in the title and setting out the nature of the complaint and/or abuse encountered on the Site and/or in the Site’s Materials or content.
11.2 If you are a rights owner (or acting on behalf of a rights owner) and believe that any Material infringes your copyright, you must give us notice by sending a written statement including the information set out below (in the same order as set out below):
a) that you are the rights owner or are authorised to act on the rights owner’s behalf;
b) that you have identified Material on the Site which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the Material in the manner complained of is not authorised by you, the rights owner’s agent or by law;
c) a description of the copyright work that you claim has been infringed, which should include the type of work (e.g. photograph, video or a sound recording) and any relevant further details (e.g. the title and date of publication of the copyright work, as applicable);
d) a description of the way in which the copyright material has been infringed;
e) information reasonably sufficient to permit us to locate the Material in question on the Site (including a URL and/or screen shot);
f) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (please note: these contact will also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint); and
g) confirmation that the information in the notification is true and accurate.
Completed statements should then be sent :email@example.com
This ‘notice and takedown’ process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a copyright infringement notice to us in bad faith. We suggest that you take legal advice before sending a copyright infringement notice if you are unsure about your rights in the Material or whether there has been an infringement of your rights.
11.3 If you believe that we have removed Material uploaded by you to the Site in error, you may send us a written counter- notice including the information set out below (in the same order as set out below):
a) details of the Material that has been removed or to which access has been disabled;
b) information reasonably sufficient to permit us to know where the Material in question had been located on the Site (including a URL and/or screen shot);
c) a statement that you believe in good faith that the Material that you have identified has been removed by mistake and your reasons for believing this;
d) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address; and
e) a statement that you agree to be contacted by the person (or an authorised representative of such person) who gave us the notice in the first place.
Completed counter-notices should then be sent to :
12.2 PI has no control over the contents of those sites or resources, and accepts no responsibility for them including but not limited to the third party site’s compliance with the The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679, The Consumer Contracts Regulations 2013, The Privacy and Electronic Communications (EC Directive) Regulations 2003, Electronic Commerce (EC Directive) Regulations 2002, British Codes of Advertising and Sales Promotion and/or any equivalent legislation in the relevant jurisdiction.
13. LINKING TO OUR SITE
13.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 Links to the Site do not imply that EFG endorses, is affiliated with, or is associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.
14. TERMINATION OF USE
14.1 PI reserves the right, at our sole discretion at any time without liability and with or without prior notice to you:
(a) not to post any Material on the Site;
(b) to remove or suspend or disable access to any Materials;
14.2 You can terminate your account at any time by sending an email to PI with ‘terminate account’ in the title and details of the account which you are seeking to terminate. This will remove your profile and other personal information from view and prohibit you from accessing the Site as a registered user. Once your registration is terminated, we will have the right to delete your account and any related Material that you have submitted or uploaded.
14.3 Material that you have uploaded to the Site, other than personal information and information from your profile removed pursuant to Section 14.2 following termination of your account, may still appear on the Site even after your registration has terminated. In accordance with the licence granted at Section 6.2, we shall have the right to use your Material anywhere on the Site as we choose, at our sole discretion, subject always to EFC’s compliance with applicable data protection and privacy laws.
14.4 Sections 5, 8, 9, 10, 16, 17, and 18 shall survive any termination of your membership.
15. INTELLECTUAL PROPERTY
16. RELIANCE ON INFORMATION
16.1 Commentary, articles and Material (“Commentary”) posted on the Site is not intended to amount to advice on which reliance should be placed. PI disclaims to the fullest extent permitted by law all liability and responsibility arising from or in connection with any reliance placed on Commentary by any visitor to the Site, or by anyone who may be informed of any of its contents.
17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
17.1 The Site is provided “as is” and on an “as available” basis. You use the Site at your own risk. The content displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, PI, other members of our group of companies and third parties connected to us expressly exclude:
a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
b) Any liability incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any Materials posted on it, including, without limitation any liability for:
i. loss of income or revenue;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of data;
vi. loss of goodwill;
vii. wasted management or office time; and
viii. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
(a) death or personal injury caused by its proven negligence;
(b) the tort of deceit;
(c) fraudulent misrepresentation or misrepresentation; or
(d) any liability which cannot be limited or excluded by law.
17.3 The PI entities and individuals are not responsible for any damage to any user’s computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
17.4 As a user you accept that the Site will not be uninterrupted or error free, that defects may not be corrected or that the Site or the server that makes it available are free of viruses or bugs.
17.5 We expressly disclaim any and all responsibility and liability for the conduct of any other user of the Site, and expressly disclaim any liability for Materials submitted or uploaded by other users.