Terms of Sale
This website, (www.ResearchonGlobalMarkets.com), is owned and operated by Netscribes (India) Private Limited, a company incorporated and registered under the provisions of the Companies Act, 1956 and having its registered office at Office No. 504, 5th Floor, Lodha Supremus, Lower Parel, Mumbai-400013, Maharashtra, India. In these Terms of Service (“Terms”), Netscribes (India) Private Limited is referred to as “Netscribes”.
These Terms govern (a) the access and/or use of any content, information, features, data, flowcharts, diagrams, etc. published on the Website or provided in association with the Website (collectively, “Content”), (b) the purchase, access and/or use of any Report (as defined hereinafter) provided by Netscribes through the Website or otherwise, or in association with the Website, and (c) the purchase and/or use of any other services offered through the Website or otherwise, or in connection with the Website (“Services”).
The visitors to this Website (which include persons who directly or indirectly access the Website, Content, Report or Services) and the persons who contact Netscribes in respect of the Website, Content, Report, or Services are referred to in these Terms as “you” or “your”, as the context may require.
By accessing the Website, Content, Report, or Service, you accept and confirm that these Terms form a legally binding and enforceable contract between you and Netscribes.
Netscribes may, in its sole discretion, amend these Terms at any time, by posting such amended Terms on the Website. Your use of the Website after such posting shall be deemed as your acceptance of such amended terms.
Definitions used in these Terms
Regarding Intellectual Property Rights
Regarding Cancellations, Returns, and Refunds
Limitation of Liability
1. Definitions used in these Terms
All capitalised words used in these Terms shall have the meaning set out in this clause or as defined elsewhere in these Terms.
“Confidential Information” means any proprietary information that is disclosed by Netscribes in relation to or pursuant to these Terms. For the sake of clarity, it is specified that Confidential Information includes, without limitation, the content of each Deliverable, irrespective of the fact that some or all of the elements that constitute such Deliverable may be available in the public domain. Save for the foregoing, Confidential Information does not include information that the recipient of the information already knew, that becomes public through no fault of such recipient, that was independently developed by such recipient, or that was lawfully given to such recipient by a third party.
“Deliverable” means a Report, Content, and/or a Service, as the context may require, which is/are offered for sale in accordance with these Terms.
“Fee” means the cost price of each Deliverable, as the case may be, that is determined and finally communicated by Netscribes. Unless expressly stated otherwise, all quoted Fee amounts are exclusive of taxes, which will be charged and will be payable additionally as applicable.
“Intellectual Property Rights” means rights in proprietary concepts and symbols (manifest in any form and by whatever name called) which bestow a right to sue for violation or for passing off, in each case whether such proprietary concepts and symbols are registered or unregistered.
“Order” means an offer made to Netscribes to purchase a Deliverable and which is accepted by Netscribes in writing.
“Report” means a business report, research, analysis, and/or study that is offered for sale by Netscribes on the Website or otherwise, and includes any subsequent modification, amendment, update, or enhancement thereof which is offered by Netscribes.
“Specifications” means the desired scope of each Deliverable as is set out in the Order for such Deliverable.
2. Regarding Orders
2.1. You may place an Order for a Deliverable over the Website, through email, by fax, over the telephone or in any other manner as may be accepted by Netscribes. An Order placed by you constitutes an offer by you to purchase such Deliverable in accordance with these Terms.
2.2. The Fee in respect of an Order shall be payable fully in advance. An Order shall be considered as accepted by Netscribes upon: (a) the receipt of the Fee by Netscribes, and (b) a subsequent confirmation of acceptance by Netscribes in writing.
2.3. Netscribes may reject an Order without being obligated to offer any reason for such rejection. However, once accepted by Netscribes, an Order shall not be cancelled by you or by Netscribes.
2.4. All Orders accepted by Netscribes shall be on an as-received basis, without consideration to the objective for which the concerned Deliverable is being ordered, or, in the event that the objective has been informed to Netscribes, without consideration of the appropriateness of the Deliverable to such objective.
2.5. Extracts, samples, descriptive matter and advertisements made or offered by Netscribes in respect of a Deliverable are merely indicative in nature, and may or may not form a part of the purchased Deliverable.
3. Regarding Deliverables
3.1. Netscribes shall prepare each Deliverable with reasonable skill and care, and shall ensure that each Deliverable conforms to its scope as is set out in the Order for such Deliverable.
3.2. The timeframe for the delivery of a Deliverable shall be as is stated in the relevant section of the Website or in the communication confirming Netscribes’ acceptance of your Order. In the absence of such information, the standard turnaround time for a Deliverable is as follows: (a) a ready-on-rack Deliverable will be provided within 3 (three) business days from the date of acceptance of the Order, (b) a made-to-order Deliverable will be provided within 10 (ten) business days from the date of acceptance of the Order.
3.3. All Reports shall be delivered only by email in PDF format to the registered email address provided by you, unless otherwise stated in the relevant section of the Website.
3.4. Netscribes will not be liable for delays caused in providing a Deliverable due an event outside its control. Netscribes shall inform you of such delay and will notify you of the likely date of the delivery. In case the delay is likely to be for a significant period of time and is not caused at least in part on account of your actions, you may seek a cancellation of the concerned Order. In case your request for cancellation is accepted by Netscribes, the Fee received by Netscribes in respect of the concerned Order will be refunded within 30 working days in the same mode in which it was paid by you. In case of such refunds, Netscribes will originate the refund equal to the amount realised by it in INR, and it does not insure against any gain or loss that may result to you owing to a change in foreign exchange rates.
3.5. All Deliverables are provided on a ‘correct at time of preparation’ basis and on an ‘as is’ basis. Unless otherwise expressly stated in an accepted Order, Netscribes shall not be obligated to provide an update to the Deliverable, notwithstanding that it may have, subsequent to the delivery of the concerned Deliverable, received information that may be relevant to the subject matter of the Deliverable.
3.6. Due to the fact that some or all of the information constituting a Deliverable may be obtained by Netscribes through reliance on a third-party source, there may be omissions or inaccuracies in such a Deliverable, despite the quality control mechanisms put into place by Netscribes.
3.7. A Deliverable may include facts, views, opinions and recommendations of individuals and organizations deemed of relevance. Netscribes does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse these views, opinions or recommendations.
3.8. Nothing contained in a Deliverable shall be construed as or shall be deemed to be: (a) legal advice, (b) an invitation or inducement to invest or commit money or other resources, (c) a recommendation in respect of any securities, investment products, investment advisory services or insurance products, (d) a promise, warranty or representation, and should not be interpreted as such.
4. Regarding Intellectual Property Rights
4.1. In respect of a Deliverable duly purchased by you, Netscribes grants your immediate organization a fully paid-up, non-exclusive, limited, non-transferable worldwide licence to view and use such Deliverable solely for and limited to the following express purposes: (a) for use as a reference for legitimate business purposes, and (b) for citing sections of such Deliverable in your confidential business documents and internal research papers, provided that Netscribes is identified as the source of the cited section (“Licence”). You and your immediate organisation acquire no other title, right, interest, entitlement or other benefit whatsoever in such Deliverable by reason of your purchase. You and your immediate organisation are not permitted to further distribute or transfer any portion of the Deliverable duly purchased by you to any other person outside your immediate organization.
4.2. Except for the specific terms of the License as stated above, Netscribes expressly retains all ownership, use and other rights (including without limitation all Intellectual Property Rights and proprietary rights, both present and future) in the Deliverable duly purchased by you.
4.3. You expressly warrant that you and your immediate organisation will not sub-license, distribute, or disclose the contents of any Deliverable purchased by you except as is permitted under the terms of the License as set out above.
4.4. You acknowledge that all trade names, trademarks, service marks and other product and service names and logos used on the Website and in the Deliverables are the proprietary trademarks of their respective owners and are protected by applicable trademark and copyright laws.
5. Regarding Cancellations, Returns, and Refunds
5.1. Netscribes unfortunately cannot accept requests for returns or refunds once an Order is accepted by it.
5.2. An Order may be cancelled before it is accepted by Netscribes, but not thereafter, unless expressly permitted by these Terms.
5.3. Due to the nature of the Deliverables, Netscribes follows a no-return and a no-refund policy. Please be sure to read all available information about a Deliverable before you place an Order. If you have any questions about a Deliverable's coverage or relevance, simply contact Netscribes for assistance from a research specialist.
5.4. If such a Deliverable does not materially conform to the scope as is set out in the corresponding Order, you may request for a revision of the Deliverable for inclusion of the matters that are within such scope. Netscribes may, in its reasonable judgment, accept your request. In such a case, Netscribes will either provide you with a Deliverable that is materially compliant with the scope as set out in the concerned Order, or will issue a refund of the concerned Fee.
5.5. Any queries or disputes in relation to an invoice must be notified to Netscribes with the appropriate details in writing within 7 (seven) days from the date of the invoice, after which time the invoice and the concerned Deliverable shall not be disputed on any grounds whatsoever.
6. Limitation of Liability
6.1. Netscribes does not warrant the accuracy, completeness, up-to-dateness, non-infringement, merchantability or fitness for a particular purpose of a Deliverable and information made available through a Deliverable.
6.2. Netscribes disclaims all and any liability in respect of the following matters: (a) any failure to provide you with information: (i) that is not within the scope of the accepted Order; (ii) that could not be found using reasonable methods of analysis, or (iii) that emerged after the date of creation of the Deliverable; (b) any changes in third-party sources and databases, including changes to web URLs; (c) inaccurate information provided or published by a third party.
6.3. Through your use of the Website or your perusal of a Deliverable, you may be provided with hyperlinks to other internet sites or resources. Netscribes has no control over those sites and resources, or over the advertising material presented thereon. You agree that Netscribes will not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.
6.4. Netscribes will not be liable for any indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with any Deliverable, even if Netscribes has been advised of the possibility of such damages. You accept that the foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
6.5. The maximum liability of Netscribes under these Terms, whether such liability arises under contract, for tort (including negligence), for breach of statutory duty, or otherwise, shall not exceed the Fee received by it for the Deliverable in respect of which such liability shall has proven to be arisen.
6.6. You agree to indemnify, defend and hold Netscribes and its affiliates and their officers, directors, and employees and agents harmless from and against all third party claims arising out of or relating to your use of the Website or of the Deliverables.
7. Other Terms
7.1. You shall keep Confidential Information strictly private and will not disclose Confidential Information to any person except to your employees who have agreed in writing to keep such Confidential Information private and confidential. You shall ensure that each recipient of Confidential Information complies with the provisions of these Terms as if he or she has expressly accepted these Terms. You shall be responsible for each act and omission of such recipient as if it was your own act and omission, as the case may be.
7.2. You may not assign, novate, subcontract or otherwise transfer your rights and obligations under these Terms, in whole or in part, to any entity or person, and any attempt to assign any right, remedy, obligation or liability hereunder by you shall be void. Netscribes may assign its rights and obligations under these Terms with an intimation to you by email, or by way of a notice on the Website, or otherwise.
7.3. You grant to Netscribes a fully paid-up, non-exclusive, revocable and worldwide licence to use your business name, brand and logo in connection with its marketing activities.
7.4. If any of these Terms is, in whole or in part, is invalid, illegal or unenforceable, the rest of these Terms will continue to be in force.
7.5. If any dispute arises between you and Netscribes (each, a “party”; jointly, the “parties”) concerning these Terms: (a) the parties shall, within 30 days of a written request from one party to the other, attempt to resolve the dispute in good faith; and (b) if the dispute is not resolved or the meeting does not take place within that time, the dispute shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the Indian Merchants’ Chambers, Mumbai. The language to be used in the arbitration shall be English; the governing law of the contract shall be the law of the Republic of India; the number of arbitrators shall be one; and the seat of arbitration shall be Mumbai. The arbitration award shall be binding on the parties.
7.6. Each of you and Netscribes agree to strictly comply with the provisions of the General Data Protection Regulation (EU) 2016/679 and promptly take all remedial steps in case of any breach or non-compliance with the provisions of this Regulation (whether or not notified by the other).
7.7. These Terms are governed by the laws of the Republic of India. The parties submit to the exclusive jurisdiction of the courts located in Mumbai, India, in relation to any dispute (contractual or non-contractual) concerning these Terms, save that either party may apply to any court for an injunction or other relief to protect its property, Intellectual Property Rights or Confidential Information.
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