You as the registered user or licensed user ("you", "your") must read and agree to these Terms and Conditions before you can use the service provided through the ipera.in web site identified by the url: www.ipera.in ("the Web Site"), provided by ARA Techno-Legal Solutions Pvt. Ltd. ("we", "IP Era") through which we allow access to Intellectual Property Magazine to registered users and provide daily news and a searchable archive (the "Services").
These Terms and Conditions, the Privacy Statement - and, if you are a multiple access user, the site licence which will be sent to you for acceptance prior to you using the Service - form a legally binding agreement between us ("the Agreement"). Please read them carefully.
In particular, we draw your attention to clauses 2 (Liability), 3 (Availability of our Web Site) and 4 (Applicability of on-line materials). By registering, subscribing or using the Web Site you agree to be legally bound by the Agreement as it may be modified and posted on the Web Site from time to time.
We agree to provide the Services ("the Products") in consideration of the payment of the annual fees as set out on the Web Site ("Fees"). If you do not agree to any part of the Agreement you must cease to use the Web Site and/or trial of the Services immediately.
We must receive payment in full before you will be able to access the Services. The Fees are payable on an annual basis and subject to renewal each year. In the event that you do not pay the Fees we reserve the right to suspend your access to the Services at our discretion.
You must be 18 years or older to use the Services (or older if the age of majority is older in your country).
We will allow you access on the basis that:
Your username and password are personal to you and may not be used by anyone else. You undertake to us that you will keep your password secret and will inform us in the event that you become aware that it is no longer confidential, is being used by an unauthorised person or in breach of this Agreement.
You will not do anything which would assist anyone who is not a registered user to gain access to any part of the Web Site. If, for any reason, we believe that you have not complied with any of these terms and conditions, we may, at our discretion, cancel your access to the Web Site immediately and without giving you any advance notice and terminate the Agreement
WE DO NOT GIVE ANY WARRANTY AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE INFORMATION AND MATERIAL PUBLISHED ON THE WEB SITE AND EXPRESSLY DISCLAIM (TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW) ALL LIABILITY FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF OR RELIANCE ON THE INFORMATION AND MATERIAL PUBLISHED ON THE WEB SITE.
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Web Site or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause whether on the part of us or our servants, agents or other person.
If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Service and Products in any year, in the year of claim.
We accept liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under Indian law, be excluded.
We give no warranties of any kind concerning the Web Site or the material to the fullest extent permissible by law. In particular, we do not warrant that the Web Site or any of its content is virus free. You must take your precautions in this respect as we accept no responsibility for any infection by virus or other communication or by anything that has destructive properties.
We will do our best to ensure that all materials and information published on our Web Site are accurate, but please note that all materials and information on our Web Site are provided on an "as is" basis.
The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by the applicable law.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Web Site.
We will try to make our Web Site available but cannot guarantee that our Web Site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Web Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
We have used our best endeavours to ensure that our Web Site complies with Indian law. However, we make no representations that the materials on our Web Site are appropriate or available for use in locations outside the India.
We make no warranties, expressed or implied, that making the Products or Services available in any jurisdiction outside the India is permitted under any applicable non-Indian laws or regulations. Accordingly, if making the Products or Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products or Services are not offered for sale to you. You accept that if you are resident outside the India, you must satisfy yourself that you are lawfully able to purchase the Services and Products.
For the purpose of this Agreement, "material" means any material published on the Web Site including, without limitation, all text, images and graphics of any nature whatsoever, regardless of whether the copyright and/or database right or any other intellectual property rights in the material vest in us, our licensors or third parties.
You may download and print extracts from the material and make copies of these for your own personal use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner so as to create a database in electronic or paper form comprising all or part of the material appearing on the Web Site.
You must not reproduce any part of the Web Site or the material or transmit it to or store it in any other Web Site or disseminate any part of the material in any other form, unless we have indicated that you may do so.
Details of the Fees for the Services and the Products and the procedures for payment and delivery for the Services are displayed on our Web Site.
Any times or dates stated on our Web Site for delivery of the Products are estimates only. We will make all reasonable effort to deliver the Products within the time specified, but we do not accept liability for any failure to deliver within that time.
The price of any Products is included with the Fees for the Service and is the price in force at the date and time of your subscription. We may change the Fees before you subscribe. We try to ensure that our Fees displayed on our Web site are accurate.
You undertake that all details you provide to us for the purpose of purchasing the Products or Services which may be offered by us on our Web Site will be correct, that the credit or debit card, or other method of payment, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Fees.
We reserve the right to obtain validation of your credit or debit card details or by other means if you use an alternative method of payment before providing you with any Products or Services.
You may be able to access other sites via links from the Web Site. These sites are not under our control and we are not responsible in any way for any of their contents. We make no representations whatsoever about any other web sites that you may access through the Web Site or which may link to our Web Site. Any concerns regarding any external link should be directed to its web site administrator or web master.
The following applies to any information you provide to us, for example during any registration or ordering or confirmation of details process:
You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services which are available through our Web Site by us or our sub-contractors. Unless you have indicated on the registration form that you do not wish to receive direct marketing material, your personal details will be included on a database compiled for direct marketing purposes. From time to time you may receive direct marketing information, either from us or from third parties. All such information collected by us shall be referred to in these Terms and Conditions as "Personal Information".
You must ensure that the Personal Information you provide is accurate and complete and that all ordering or contact details contain your correct name, e-mail address and other requested details. For more information about how we deal with your Personal Information, please read our Privacy Statement.
You acknowledge and agree to be bound by the terms of our Privacy Statement.
By accepting the Agreement, you agree to the processing and disclosure of the Personal Information for the provision of the Services and supply of the Products.
We reserve the right to charge a statutory administration fee to deal with any request to review, update or delete the Personal Information.
Any changes to the Terms and Conditions will be made available via the Web Site at least 7 days in advance of the changes taking effect and you will be deemed to have agreed to the terms and conditions by accessing the Web Site following the changes taking effect.
You acknowledge that your use of, or access to, the Web Site may be subject to interruption or delay. We do not give you any warranty that the Web Site or the Services offered through it will be error free, without interruption or delay, or free from defects in design or engineering.
If any part of the Agreement is declared invalid or unenforceable by any court or authority of competent jurisdiction (including any provision in which we exclude our liability to you) all other provisions will remain in full force and effect and will not in any way be impaired and the parties will agree a replacement provision which is as close as is legally permissible to the provision found invalid, or unenforceable.
The Agreement between us shall be governed by and interpreted in accordance with Indian law notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement and for those purposes irrevocably submit all disputes to the jurisdiction of the Indian courts.
We make no warranty or guarantee that the Web Site or information available over it complies with laws other than those of India.
This Agreement, together with our current Web Site prices, delivery details and contact details sets out the whole of our agreement relating to the supply of the Services and the Products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Services or Products offered for sale by us.
The Agreement supersedes all prior agreements, negotiations and discussions between the parties relating to the subject matter of this Agreement and you acknowledge that you have not entered into this Agreement in reliance on any statement or representation except in so far as the representation has been incorporated into this Agreement. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
The information on the Web Site is not intended to address your particular requirements. No tax, legal or investment advice of any kind (including advice and opinions with respect to the nature, potential value or suitability of any particular securities transactions, financial products or investment strategy) is being provided by IP Era to the user. Any investment decisions made by the user will be based solely on their own evaluation of their financial circumstances and investment objectives and not on the basis of any investment information given in the Web Site.
These Terms and Conditions replace all other terms and conditions previously applicable to the use of our Web Site. They are up to date as at 1st August, 2014.
Any formal legal notices should be sent to us addressed to The Managing Director at the address shown on the Privacy Statement.
We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. You may not assign or transfer your rights under this Agreement.
Failure by us to enforce a right does not result in a waiver of such right.
We may amend the Agreement at any time by posting a variation on the Web Site.
We reserve the right to bar users from the Web Site, on a permanent or temporary basis at our discretion. Any such user shall be notified and must not then attempt to use the Web Site under any other name or through any other user.
ARA Techno Legal Solutions PVT. Ltd. is a company registered in India, registered office at Bhopal (M.P.), India.