Last modified: 12th Jan,2023
*NOTE:The following terms and conditions shall apply to this website owned by ANCORAA RESOLUTION PVT. LTD (“Company”or “we”) Please read the statement carefully. Ifthe user/visitor (“You”) do not wish to be bound by the terms andconditions mentioned herein, kindly refrain from accessing website www.ancoraa.comor the Rezolution Engine® platform on the www.ancoraa.com (hereinaftercollectively referred to as “Website”).Access to this Website shall be deemedto be an acceptance of these terms and conditions. By using the Website. Youaccept and agree to be bound by these terms and conditions as applied to Youruse of the Website and You are deemed to have read and understood all of itscontents and implications. Your continued use of the Website and/or theservices made available on or through the Website after any changes to theterms and conditions are posted will be considered acceptance of those changes.
1. Contextand Grant of Access:
1.1 Theterms and conditions (the “Terms and Conditions”) govern Your use ofthis Website and any content made available from or through this Website. TheCompany and its affiliates, directors, officers, employees and agents (collectivelyreferred to as the “Company”) may change the Terms and Conditionsfrom time to time, at any time with or without notice to You, by posting suchchanges on the Website.
1.2 When/ While using the Website in whatsoever manner, the You shall also be subjectto the Company’s Privacy Policy and such other additional guidelines, policiesor rules formulated in accordance with the laws prevalent in India, applicableto specific services and features, which may be posted by the Company from timeto time (collectively, the “Guidelines”). All of these Guidelines arepart of the Terms and Conditions and are hereby incorporated by reference.
2. IntellectualProperty Notice:
2.1 You are not permitted to directly or indirectlyalter, reverse engineer, modify, or create any derivative works of the Website,or any other Intellectual Property held by the Company in any case.
2.2 Youshall not, directly or indirectly, attempt to discover or expose the sourcecode underlying any Intellectual Property held by the Company.
2.3 Youshall not directly or indirectly, and shall ensure that You do not:
a) hack,deface or otherwise misuse the Website or attempt to gain unauthorized accessto other parts of the Website or the technology used to create it.
b) modifyor copy any of the Company’s Intellectual Property.
c) attemptto decompile or reverse engineer any software contained on the Website.
d) removeany copyright or other proprietary notations or any legal notices from the Website.
e) attemptto access the source code of the software underlying the Website.
f) copy,archive, store, reproduce, rearrange, modify, adapt, download, upload, createderivate works from, display, perform, publish, distribute, redistribute ordisseminate any of the Company’s Intellectual Property.
g) accessthe Website to build a product using similar ideas, features, functions,interface or graphics.
h) attemptto gain unauthorized access to the Company’s computer systems or engage in anyactivity that disrupts, diminishes the quality of, interferes with theperformance of, or impairs the functionality of the Website.
i) develop,invoke, or utilize any code to disrupt, diminish the quality of, interfere withthe performance of, or impair the functionality of the Website.
j) authorizeor encourage or permit any third party to use the Website to facilitate any ofthe foregoing prohibited conduct.
2.4 The Company’s trademarks, logos, images,service marks, trade names (collectively the “Trademarks”) and otherdistinctive branding features displayed on the Website or on content availablethrough the Website are Trademarks of the Company and shall not be used inconnection with products and/or services that are not related to, associatedwith, or sponsored by their rights holders that are likely to cause customerconfusion, or in any manner that disparages or discredits their rights holders.All Trademarks not owned by the Company that appear on the Website or on orthrough the Website’s services, if any, are the property of their respectiveowners. Your misuse of the Trademarks displayed on the Website or on or throughany of the Website’s services is strictly prohibited.
2.5 Asbetween the You and the Company, the Company owns, solely and exclusively, allrights, title and interest in and to the Website, all the content, code, dataand materials thereon, the look and feel, design and organization of the Website,and the compilation of the content, code, data and materials on the Website,including but not limited to any copyrights, trademark rights, patent rights,database rights, moral rights and other intellectual property and proprietaryrights therein, excluding third party content. Your use of the Website does notgrant to You ownership of any content, code, data or materials You may accesson or through the Website.
2.6 Any commercial or promotional distribution,publishing or exploitation of the Website, or any content, code, data ormaterials on the Website, is strictly prohibited unless You have received theexpress prior written permission from authorized personnel of the Company orthe otherwise applicable rights holder. Other than as expressly allowed herein,You shall not download, post, display, publish, copy, reproduce, distribute,transmit, modify, perform, broadcast, transfer, create derivative works from,sell or otherwise exploit any content, code, data or materials on or availablethrough the Website. You further agree that You shall not alter, edit, delete,remove, otherwise change the meaning or appearance of, or repurpose, any of thecontent, code, data, or other materials on or available through the Website,including, without limitation, the alteration or removal of any trademarks,trade names, logos, service marks, or any other proprietary content orproprietary rights notices. You acknowledge that You do not acquire anyownership rights by downloading any copyrighted material from or through the Website.If You make other use of the Website, or the content, code, data or materialsthereon or available through the Website, except as otherwise provided above, Youmay be likely to violate copyright and other laws of India, other countries, aswell as applicable state laws and may be subject to liability for suchunauthorized use.
2.7 Anyrights not expressly granted herein, are reserved to the Company. You agree toabide by all copyright notices, information, or restrictions contained in anypart of the Website. You must not alter, delete, or conceal any copyright,trademark, patent, or other notices contained on the Website.
3. Acceptableand Permitted Use:
3.1 Subjectto Conditions under clause 2.6, You may view pages from our Website in a webbrowser; download pages or anymedia content from our Website for caching in a web browser; and print pagesfrom our Website.
3.2 Unless You own or control the relevant rights in thematerial, You must not:
a) sell, rent orsub-license material from our Website;
b) exploit materialfrom the Website for a commercial purpose; or
c) re-distributematerial from the Website for making any unauthorized profit.
3.3 The Company reserves the right to restrict access toareas of the Website, or indeed the whole Website, at our discretion; You mustnot circumvent or bypass, or attempt to circumvent or bypass, any accessrestriction measures on the Website.
3.4 Subjectto other provisions of this Terms and Conditions, You shall not be permittedto:
a) use the Website in any way or take any action thatcauses, or may cause, damage to the Website or impairment of the performance,availability or accessibility of the Website;
b) use the Website in any way that is unlawful, illegal,fraudulent or harmful, or in connection with any unlawful, illegal, fraudulentor harmful purpose or activity;
c) use the Website to copy, store, host, transmit, send,use, publish or distribute any material which consists of or is linked to anyspyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or othermalicious computer software;
d) conduct anysystematic or automated data collection activities including without limitationscraping, data mining, data extraction and data harvesting on or in relation toour Website without our express written consent;
e) access orotherwise interact with the Website using any robot, spider or other automatedmeans except for the purpose of social networking;
f) unlawful use ofdata collected from the Website for any direct marketing activity including without limitation emailmarketing, SMS marketing, telemarketing and direct mailing.
4. Representationsand Warranties:
4.1 Yourepresent and warrant to the Company that it is fully able and competent toenter into the terms, conditions, obligations, representations and warrantiesset forth.
4.2 Yourepresent and warrant to the Company that You shall comply with all applicablelocal, state, national and international laws, rules, and regulations inconnection with Your use of the Website.
4.3 Allother representations and warranties, whether express or implied, areexplicitly disclaimed by You and the Company hereto.
4.4 Youwarrant and agree that, while using the Website and the various services andfeatures offered on or through the Website, You shall not:
a) impersonateany person or entity or misrepresent Your affiliation with any other person orentity.
b) insertYour own or a third party’s advertising, branding or other promotional contentinto any of the Website’s content, materials or services, or use, redistribute,republish or exploit such content or service for any further commercial orpromotional purposes.
c) attemptto gain unauthorized access to other computer systems through the Website inconsonance with Clause 3.4 of this terms and conditions.
5. Linkingto third party Websites:
5.1 You may be able to link from the Website tothird party websites and third party websites may link to the Websites (“LinkedSites”). You acknowledge and agree that Company has no responsibilitywhatsoever for the information, content, products, services, advertising, codeor other materials which may or may not be provided by or through Linked Sites,even if they are owned or run by its affiliates.
5.2 Unlessotherwise expressly provided, Links to Linked Sites do not constitute anendorsement or sponsorship by Company of such Websites or the information,content, products, services, advertising, code or other materials presented onor through such Websites.
5.3 TheCompany reserves all of our rights under the law to insist that any link to theWebsite be discontinued, and to revoke Your right to link to the Website fromany other website at any time upon written notice to the You.
6. Commercialtransactions on the Website:
6.1 TheCompany may allow You to access or process any commercial transaction on the Websiteby way of purchase or subscription of any certain products.
6.2 Certainproducts that You purchase and/or download on or through the Website may besubject to additional terms and conditions presented to You at the time of suchpurchase or download.
6.3 TheWebsite uses third party payment gateways to process payments made on the Website.We will provide You with a confirmation of having received payment against amembership account, only once we receive such confirmation from the concernedthird-party payment gateway service providers. The third-party payment gatewayservice providers may require certain financial information including Yourcredit card / debit card / mobile number / other banking information.
6.4 Otherthan providing a confirmation upon receipt of payment against a membershipaccount, we disclaims all liabilities in relation to Your payment processing bysuch third-party payment gateway service provider and the collection andprocessing of any Personal Data provided by You to such third-party paymentgateway service provider.
6.5 Whileusing such third-party payment gateways to make payments to the Website, Youwill be required to accept the terms of use and privacy policies of suchthird-party payment gateway service providers. We request You to please makeyourself familiar with the terms of use and privacy policies of the respectivethird-party payment gateway service provider before using such service. Youhereby agree and acknowledge that We shall not be liable and in no way, be heldresponsible for any losses whatsoever, whether direct, indirect, incidental orconsequential, including without limitation any losses due to online fraud. Incase of any issues or complaints with respect to the processing of Yourpayments on the website, You can file / lodge any complaint with the concernedthird-party payment gateways directly for redressal.
7. Indemnification:
Youagree to defend, indemnify and hold the Company and its affiliates’ directors,officers, employees and agents harmless from any and all claims, liabilities,costs and expenses, including attorneys’/lawyer’s fees, arising in any way fromYour use of the Website, Your placement or transmission of any message,content, information, software or other materials through the Website, or Yourbreach or violation of the law or of these Terms and Conditions. The Companyreserves the right, at its own expense, to assume the exclusive defence andcontrol of any matter otherwise subject to indemnification by You, and in suchcase, You agree to cooperate with the Company’s defence of such claim.
8. Disclaimerof Warranty:
TheCompany, its affiliates, and its respective officers, directors, employees,agents, suppliers, or licensors, make no warranties or representations aboutthe content on this Website including but not limited to its accuracy,reliability, completeness, timeliness, or reliability. The Company shall not besubject to liability for truth, accuracy, or completeness of any informationconveyed to You or for errors, mistakes or omissions therein or for any delaysor interruptions of the data or information stream from whatever cause. Youagree that You use the Website and the content at Your own risk.
TheCompany do not warrant that the Website will operate error free or that this Website,its server, or the content is free of computer viruses or similar contaminationor destructive features. If Your use of the Website or the content results inthe need for servicing or replacing equipment or data, the Company shall not beresponsible for those costs.
TheWebsite and its content are provided on an “as is” and “as available” basiswithout any warranties of any kind. The Company hereby disclaim all warranties,including, but not limited to, the warranty of title, merchantability,non-infringement of third parties’ rights, and fitness for particular purpose.
TheCompany makes every effort and due care to avoid any non-compliance or mistakesor omissions as to legal requirements of Insolvency and Bankruptcy Board ofIndia (IBBI) Regulations or other regulations. Any such non-compliance ormistake or omissions may be brought to the notice of the Company which shall beduly taken care of. Also, You are required to ensure compliance with all thelegal requirements as per your assignment/case/matter while you use, navigateand further to any or all of the services provided by us through the Website.The Company shall not be liable for any non-compliance by You in this regardwhile using the website.
9. Limitation of Liability:
9.1 In neither event the Company shall,nor its directors, employees, agents, partners, vendors, suppliers be liableunder contract, tort, strict liability, negligence, or any other legal orequitable theory with respect to:
a) Any lost profits, capital loss,opportunity loss whether present or future, data loss, or special, indirect,incidental, punitive, or consequential damages of any kind whatsoever;
b) Any bugs, viruses, trojan horses, orthe like (regardless of the source of origination);
c) use of or the inability to use the Websiteor services;
d) the statements or conduct of anythird party on the Website, including without limitation unauthorized access toor alteration of transmissions or data, malicious or criminal behaviour, orfalse or fraudulent transactions.
9.2 The Company shall not be liable forany failure to perform its obligations hereunder where the failure results fromany cause beyond the Company’s reasonable control, including, withoutlimitation, third party intervention, change in law or economic circumstances,mechanical, electronic, or communications failure or degradation orunforeseeable events in the future. In no event shall the aggregate liabilityof the Company, whether in contract, warranty, tort (including negligence,whether active, passive or imputed), product liability, strict liability orother theory, arising out of or relating to the use of the Website exceed anycompensation the You pay, if any, to the Company for access to or use of the Website.
10. Termination/Discontinuanceof services/Website:
TheCompany may terminate, change, suspend or discontinue any aspect of the Websiteor the Website’s services at any time, at its sole discretion.
11.InternationalUse
Although this Website and itsservices may be accessible worldwide, the Company makes no representation thatservices or this Website are appropriate or available for use in locationsoutside India. Those who choose to access this Website or use the services fromother locations outside India should do so at their own initiative and areresponsible for compliance with local laws. Any offer for any service, and/orinformation made in connection with this Website or the Services is void, ifsuch service is prohibited by the local laws.
12. Amendment:
TheCompany reserves the right, at its sole discretion, to change, modify, add orremove any portion of the Guidelines, in whole or in part, at any time. Changesin the Guidelines will be effective when posted. Your continued use of the Websiteand/or the services made available on or through the Website after any changesto the Guidelines are posted will be considered acceptance of those changes.
13. Disputes,Governing Laws and Venue:
13.1. The Company shallnot be liable for disputes arising out of interactions between members / users.The Company reserves the right, but has no obligation, to become involved inany way with these disputes.
13.2. The terms shall begoverned by the laws of India without regard to its conflict of law principles.
13.3. You agree to submit tothe personal and exclusive jurisdiction of the courts of Mumbai/Thane, Indiafor the purpose of litigating all such claims or disputes.
14. ContactUs:
For further details, clarificationsor objections, you may reach us at: support@ancoraa.com
Or
By Post:
1412, 14th Floor, Real Tech Park,Sector 30 A, Vashi, Navi Mumbai, Pin-400703.
Registered Address:
1412, 14th Floor, Real Tech Park, Sector 30 A, Vashi, Navi Mumbai 400703.
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