Terms and Conditions of Use
This site Channelier.com and all its derivatives (hereinafter referred as “Channelier site”) is owned and operated by ArachnoMesh Technologies Private Limited (‘ATP') and contains contents, links, software, logos, marks, services and products offered free or otherwise by 'ATP' or by anyone other than 'ATP', etc. (hereinafter referred “services”) which is derived in whole or in part from said services supplied directly or indirectly by 'ATP', outsider agencies and/or any other sources, and is protected by domestic and international copyright and trademark laws and/or any other applicable Laws. The restrictions on use of the services on Channelier site are specified below. Except where specifically authorized, you shall not modify, copy, reproduce, download, republish, upload, post, transmit or distribute etc. in any way any Services from/to Channelier site.
1) REGISTRATION
By accessing, visiting Channelier site or any of its associated / linked sites, you have read, understood and agreed to be legally bound by the Terms of Use as contained herein in Section 1 to 13 (hereinafter referred as ‘Agreement’).
By registering, you certify that all information you provide, now or in the future, is accurate. Your registration at Channelier site is valid for 90 days from the date you first login and is automatically renewed for further period of 90 days every time you login thereafter, unless blocked/deregistered for any reason whatsoever. You specifically agree to:
(a) Provide true, accurate, current and complete information about yourself ("Registration Data") and
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
We are concerned about the safety and privacy of all our users, particularly children. However, please remember that the Services are designed to appeal to a broad audience. Accordingly, if you are a parent or legal guardian, it is your responsibility to determine whether any of the Services and/or Content appropriate for your child or otherwise. Similarly, if you are a child, please consult with your parent or legal guardian as to whether any of the Services and/or Content is appropriate for you.
Notwithstanding the foregoing, we may provide you with access to some parts of Channelier site without you registering as a user. In that case, your identification is based on other means of identification that we may deem appropriate from time to time.
2) LICENSE:
'ATP' hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access Channelier site, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement.
Your continued use of Channelier Site means that you accept any new or modified terms and conditions that we come up with. Please re-visit the `Terms of Use' link at our site from time to time to stay abreast of any changes that we may introduce. 'ATP' shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of the Channelier Site, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on the Channelier Site. Any use of the Channelier site by subscriber after such notice shall be deemed to constitute acceptance by subscriber of such changes, modifications or additions.
We may also offer other services from time to time that are governed by different Terms of Services, in which case the Terms of this Agreement shall not apply to such other services if and to the extent expressly excluded by such different Terms of Services.
3) INTELLECTUAL PROPERTY RIGHTS & NO RETRANSMISSION OF INFORMATION:
Channelier Site as well as the design and information contained in this site is the valuable, exclusive Intellectual Property of 'ATP', and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.
You shall not resell, redistribute, broadcast or transfer information, software and applications or use the information, software and applications provided by Channelier Site in a searchable, machine-readable database unless separately and specifically authorized in writing by 'ATP' prior to such use. You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share Channelier Site or any other linked site therein or any part thereof, or any of the software, application or information received or accessed there from to or through any other person or entity unless separately and specifically authorized in writing by 'ATP', prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of Channelier Site without prior written authorization.
4) DELAYS IN SERVICES:
Neither 'ATP' (including its owner and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other causes beyond its control or like causes. 'ATP' shall have no responsibility to provide you access to Channelier Site while interruption of Channelier Site due to any such cause shall continue.
5) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY:
I] You expressly understand and agree that 'ATP' and its owners, suppliers, consultants, advertisers, affiliates, partners, employees, Service Providers (hereinafter referred to as ‘Associated Entities’):
a) have taken due care and caution in compilation of data for Channelier site. The views and tips expressed by, if any, including but not limited to, experts, agencies, companies, linked sites on Channelier are their own, and not that of the 'ATP' or its management.
b) make no warranty that the services, content, live update, deferred live update etc. offered by us will (i) meet your requirements or expectations, (ii) be uninterrupted, timely, secure, or error-free, (iii) be accurate or reliable.
c) Any reliance upon or use of any services availed through links of affiliates shall be at your own discretion and risk. The services are provided or made available by us on an as is basis and we expressly disclaim any and all warranties of merchantability and fitness for a particular purpose, with respect to any of the materials /services.
d) Any material/Services downloaded/availed or otherwise obtained is done at your own discretion and risk and that you will be solely responsible for any damage to computer system, mobile telephone or other access device or loss of data that results from the download of any such material/Service.
e) No advice or information, whether oral or written, has been obtained by you from 'ATP' and its Associated Entities shall create any warranty not expressly stated in this Agreement / Disclaimer.
f) The contents, information, software, products, features and services published on Channelier site may include inaccuracies or typographical errors. Changes are periodically added to the contents herein. 'ATP' and its Associated Entities may make improvements and/or changes in this web site at any time. Channelier site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. 'ATP' reserves its right to modify or discontinue any or all of the contents, information, software, products, features and services published on Channelier site without any prior information.
g) Unless specifically stated therein that all contents, software, products and services which are made available on the links are provided by the third party other than 'ATP', as such responsibilities against any liability shall lie with the respective service provider from whom you have availed the services by using link made available on Channelier website. 'ATP' does not have any liability, responsibility against any such transaction, services availed by you from any third party other than 'ATP' either by paying fees or otherwise. You are understood and confirmed that any link provided by third party service provider are made available for your benefit without having any commercial interest for any reason whatsoever.
h) 'ATP' and its Associated Entities expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
i) Any financial transaction by you through Credit Card/Debit Card/Internet Banking or any other like instrument for payment for delivery of Product/ Content or the use/misuse of such Credit Card/Debit Card/Internet Banking or any other like instrument, filed by you/on your behalf with the Credit Card/Debit Card/Internet Banking Provider shall not be binding on 'ATP' or 'ATP'’s Merchant Bank or 'ATP'’s server provider which gives connectivity to internet banking service provider(s).
j) The service, content, goods and services from or through link made available on site are provided directly by the third party “as-is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire liability of such third party from whom you have availed the services, for any reason, and user’s sole and exclusive remedy for any cause whatsoever, shall lie with such third party from whom you had availed the material/services without involving 'ATP'. 'ATP' is not liable for any type of losses including but not limited to direct/indirect, special, incidental, or consequential damages, damages for loss of business, loss of profits, litigation, or the like, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The Disclaimer of liabilities of damages set forth above is fundamental elements of the basis of the bargain between you and third party. This site and materials and services would not be provided without such Disclaimer.
k) You accept and take full responsibility towards the ownership/possession and use of your Credit Card/Debit Card/Internet Banking or any other like instrument. You expressly waive and consciously give up any/all rights you may have in law or in any agreement between you and the Credit Card/Debit Card/Internet Banking or any other like instrument Provider or under network rules and regulations to raise any dispute to claim any chargeback or any process fee from any Bank/Financial Institution/ Internet banking service provider affecting 'ATP' in any manner pecuniary or otherwise on any grounds whatsoever including non delivery of Product/Content or fraudulent or improper transactions by the unauthorized/improper use of your Credit Card/Debit Card/Internet Banking or any other like instrument.
l) You understand and agree that you will have no right to claim any charge back is a Material / Services condition of this agreement and once you hereby expressly agree to it you shall be stopped from challenging/disputing it in any adjudication/proceeding before any Bank/Financial institution/ Internet banking service provider or Court or otherwise.
m) Without prejudice to 'ATP'’s right to defend its interest(s), 'ATP' shall not be made a party to any chargeback proceedings before any Bank/Financial institution/ Internet banking service provider or Court and in no case be required to prove the transaction effected by the use of your Credit Card/Debit Card/Internet Banking or any other like instrument was legitimate and genuine, or that 'ATP' has actually provided you the downloaded content.
II] You expressly understand and agree that in no event shall 'ATP' and/or its Associated Entities be liable for any direct, indirect, punitive, incidental, special or consequential damages or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, for any reason whatsoever, arising out of or in any way connected with the use of Channelier site or with the delay or inability to use Channelier site, or for any contents, information, software, products, features and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if 'ATP 'or any of its Associated Entities has been advised of the possibility of damages.
You acknowledge that the Disclaimers and exclusions of liability set forth in this Agreement represent a fair and reasonable allocation of the risks and benefits of the Agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
6) USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:
Channelier Site may contain social networking, user generated content, message/bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and Services that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful Material / Services or information.
* Upload files that contain software or other Material / Services protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
* Conduct or forward surveys, contests, or chain letters.
* Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by 'ATP', and such communications shall not be considered reviewed, screened, or approved by 'ATP'. 'ATP' reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.
7) EQUIPMENT AND OPERATION
You shall provide and maintain all telephone/internet and other equipment necessary to access Channelier Site, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access Channelier Site.
8) LINKS TO THIRD PARTY SITES
The links in this site or third parties may provide, links to other World Wide Web or other online electronic sites or resources / services. You acknowledge that 'ATP' has no control over such sites and resources / services. You acknowledge and agree that 'ATP' is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other Material / Services on or available from such sites or resources / services. You further acknowledge and agree that 'ATP' shall not be responsible or liable, in any manner whatsoever, for any payments, damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9) INDEMNIFICATION:
You shall indemnify, defend and hold harmless 'ATP' and its Associated Entities from any and all actions criminal or civil in nature, claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of Channelier Site (b) any non-compliance by you with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized (d) or any other reason, whatsoever.
10) RIGHT TO REFUSE
'ATP' reserves the right in its sole discretion to refuse service at any time. Sale of any services is subject to availability.
11) CONFLICTING TERMS:
The terms of use constitute the entire agreement between you and 'ATP' and govern your use of Channelier Site, superseding any prior understandings and agreements between you and us and any previous statements or representations irrespective of whether such documents is prior to or subsequent to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of 'ATP'.
12) TERMINATION:
This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled immediately by 'ATP' at its sole discretion or access to Channelier site or any portion thereof may be denied or suspended for any of the following reasons: (a) for any unauthorized access or use by you (b) if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) if you violate any of the other terms and conditions of this User Agreement; (d) If you do not login at Channelier Site for a continuous period of 90 days; (e) If you provide any registration information that is untrue, inaccurate, or incomplete, or 'ATP' has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Termination or cancellation of this Agreement shall not affect any right or relief to which 'ATP' may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to 'ATP'. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to 'ATP' is non-refundable for any reason. In the event of any paid services made available on the B2B Website directly by Business Connect without any involvement of 'ATP' or otherwise, in event of termination of such services for any reason whatsoever, the alternate link (if any) where the similar services made available by the Business Connect shall be communicated to subscriber of such services on available contact details without any liability on 'ATP' for any reason whatsoever.
13) PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy which is incorporated by reference into and made a part of this Agreement. By giving or making available the Registration Data and such other information about yourself to us, you agree and acknowledge that we may use or release such information to third parties as specified in the Privacy Policy, and that you give consent to such use or disclosure. For more information, please see our full privacy policy. You understand that you hereby consent to the collection and transfer of this information to other countries for storage, processing and use by 'ATP' and its Associated Entities.
14) JURISDICTION
The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of Channelier site. Use of this Channelier site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
