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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.

 


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