www.cfamily.com (the "Site"), the courses available from the Site
(the "Courses"), and the training services made available on or through
the Site and the software (the "Services"), are owned, operated, and
maintained, as applicable, by CFAMILY IT Solutions Private Limited
(hereinafter referred to as "we", "our", "us", or the "Company", as the
case may be). The Site, Courses, and Services are, collectively referred
to as the "Company Products". By (a) using or accessing the Company
Products, including, but not limited to streaming, accessing or using
the software; or (b) paying, either for itself or for someone else to
use or access the Company Products, you agree to the terms and
conditions set forth in these terms of use (the "Terms").
THESE TERMS, UNLESS THE SAME HAS BEEN SPECIFICALLY EXCLUDED BY ANY
OTHER INSTRUMENT TO WHICH THE COMPANY AND/OR AN USER ARE SUBJECT TO,
INCLUDING THIS INTRODUCTORY SECTION, CREATE A BINDING LEGAL CONTRACT
BETWEEN YOU AND THE COMPANY. BY USING THE COMPANY PRODUCTS, YOU
REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE
BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT
USE - AND ARE NOT AUTHORIZED TO USE - ALL OR ANY PORTION OF THE
COMPANY PRODUCTS.
For the purposes of the Terms, The term "User(s)/You" shall mean and
include all persons, natural or artificial, that visit the Site
including those that have agreed to become registered users on the
Site by providing registration data while registering on the Site as
registered users accessing the Company Products through the Website.
If you are a parent, guardian, or other natural person who enables a
child to access the Company Products, you agree to stand in the shoes
of such child for the purposes of making us whole in case of damages
or indemnification that could properly lie against a child, if not for
his or her age. This Site is intended for use by a natural person only
if such natural person is 12 (TWELVE) years of age or older.
If you are using or opening an account to use the Company Products on
behalf of a company, entity or organization (each a "Subscribing
Entity"), then you represent and warrant that you: (i) are an
authorized representative of that Subscribing Entity with the
authority to bind such entity to these Terms, and (ii) agree to be
bound by these Terms on behalf of such Subscribing Entity.
Privacy:
Any personal information submitted in connection with your use of the
Site is subject to our Privacy Policy which is available at
https://www.cfamily.com/privacy-policy the terms of which are hereby
incorporated into these Terms by reference. Please review our Privacy
Policy to understand our practices.
The User may obtain certain confidential information, including without
limitation, technical, contractual, product, pricing and other valuable
information that should reasonably be understood as confidential
("Confidential Information"). The User acknowledges and agrees to hold
all Confidential Information in strict confidence. Title and all
interests to all Confidential Information shall be vested in the
Company. The User's obligations regarding Confidential Information
will survive the termination of these Terms of Use in accordance with
the clause on 'Termination' below. The User agrees that its obligations
under this clause is necessary and reasonable in order to protect the
Company's business and expressly agrees that monetary damages would be
inadequate to compensate for any breach of any covenant or agreement
set forth herein. Accordingly, the User agrees and acknowledges that
any such violation or threatened violation will cause irreparable harm
and injury to the Company and that, in addition to any other remedies
that may be available, in law, equity or otherwise, the Company shall
be entitled to obtain injunctive relief against the threatened breach
of these terms or the continuation of any such breach.
General:
The Company Products enable the Users to learn via live and recorded
instruction, tutoring, and learning services through our proprietary
Software. The Services include, without limitation, facilitating and
hosting Courses, and taking feedback from Users.
You understand and agree that these Terms are agreed to in
consideration of your use of the Company Products and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged.
Changes to these Terms. Company reserves the absolute right to revise
these Terms in its sole discretion at any time and without prior notice
to you other than by posting the revised Terms on the Site. Any
revisions to the Terms are effective upon posting. The Terms will be
identified as of the most recent date of revision. You should visit
this page regularly to ensure your continued acceptance of these Terms.
Your continued use of the Company Products after any revision to these
Terms constitutes your binding acceptance of the revised Terms.
Notwithstanding the preceding sentences of this section, no revisions
to these Terms will apply to any dispute between you and the Company
that arose prior to the date of such revision.
Evolving Nature of Services. The Company Products are new and subject
to change at any time. We are continually looking to improve the
Company Products but if you are at any time dissatisfied with the
Company Products, then your sole remedy is to discontinue use of the
Company Products.
Electronic Notices. By using the Company Products or communicating
with us, you agree that we may communicate with you electronically
regarding security, privacy, and administrative issues relating to
your use of the Company Products. If we learn of a security system's
breach, we may attempt to notify you electronically by posting a
notice on the Site or sending an email to you.
Connectivity Costs and Equipment:
You are solely responsible for all service, internet, telephony and/or
other fees and costs associated with your access to and use of the
Company Products, including, but not limited to, any data charges
imposed by a wireless carrier or Internet service provider, and for
obtaining and maintaining all telephone, computer hardware, and other
equipment required for such access and use.
The Company uses internally developed systems for making the Company
Products available to the User. These systems may encounter technical
or other limitations, and computer and communications hardware systems
might experience interruptions. Further, the Company continually
enhances and improves these systems in order to accommodate the level
of use of the Site. The Company may also add additional features and
functionality to the Company Products that might result in the need to
develop or license additional technologies. Increased utilization of
the Site or providing new features or functionality may cause
unanticipated system disruptions, slower response times, degradation
in levels of customer service, and delays in reporting accurate
financial information. The User agrees that the Company shall not be
liable to the User or to any third party claiming through the User for
any such failures contemplated herein.
Fees and Taxes:
Accessing the Site and browsing Courses is free of cost. Company however
reserves the right to change its fee policies at any time in its sole
discretion, including charging for access to the Site, but no fee change
will be binding upon you until you agree to such fee changes.
Unless otherwise stated, all fees are quoted in Indian Rupees.
You are responsible for paying all fees and applicable taxes associated
with the Site in a timely manner with a valid payment method that is
accepted by the Company in its sole discretion. If your payment method
fails or your account is past due, then we may collect fees owed using
other collection mechanisms. This may include charging other payment
methods on file with us and/or retaining collection agencies and legal
counsel. We may also block your access to any Company Products pending
resolution of any amounts due by you to Company.
General Disclaimer:
We have no mechanism to control comments/discussions posted on the Site
and, as such, we cannot guarantee in any manner the reliability,
validity, accuracy or truthfulness of such contents. You also
understand that by using the Site you may be exposed to Submitted
Contents which you may consider offensive, indecent, or objectionable.
You hereby agree to indemnify and hold the Company harmless from and
against any and all claims, notices and actions that you may have
arising out of your access or use of any Submitted Content.
Those who choose to access or use the Company Products from other
locations, including from outside India, may do so on their own
initiative and are responsible for compliance with local laws, if and to
the extent local laws are applicable. Access to or use of the Company
Products from jurisdictions where the contents or practices of the
Company Products are illegal, unauthorized or penalized is strictly
prohibited.
Conduct:
You shall only access the Company Products for lawful purposes. You are
solely responsible for the knowledge of and adherence to any and all
laws, rules, and regulations pertaining to your use of the Company
Products. You agree not to use the Company Products or the Company
Content (as defined below) to recruit, solicit, or contact in any form
Instructors or potential users for employment or contracting for a
business not affiliated with us without our advance written permission,
which may be withheld in our sole discretion. You assume any and all
risks from any meetings or contact between you and any Instructors or
other Users of Company Products. You should be careful before meeting
any Instructor or other User in person and should only do so in public.
Remember to always be safe.
Specific Obligations of Users using the Site:
As a User, you agree that:
You have read, understood, and agree to be bound by the pricing
information (see the Pricing section below) before using the Site or
registering for a Course.
If you are under the age of 18 (Eighteen), you have obtained parental
or legal guardian consent before using the Site, or registering for a
Course;
You also agree that you will not do any of the following on or
through the Company Products;
upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes or any other form of solicitation (commercial or
otherwise);
post any inappropriate, offensive, racist, hateful, sexist,
sex-related, false, misleading, infringing, defamatory or libelous
content;
manipulate or interfere with the Company Products; and
reproduce, distribute, publicly display, publicly perform,
communicate to the public, create derivative works from or otherwise
use and exploit any Submitted Content or other content obtained
from any Company Products without our express written permission or
the permission of the Company.
Registration and Identity Protection:
To use certain Company Products, you will need to register and obtain
an account, username and password. When you register, the information
you provide to us during the registration process will help us in
offering content, customer service, and network management. You are
solely responsible for maintaining the confidentiality of your account,
username, and password (collectively, the "Account") and for all
activities and liabilities associated with or occurring under your
Account. You must notify us (a) immediately of any unauthorized use of
your Account and any other breach of security, and (b) ensure that you
exit from your Account at the end of each Course. We cannot and will
not be responsible for any loss or damage arising from your failure to
comply with the foregoing requirements or as a result of use of your
Account, either with or without your knowledge, prior to your notifying
us of unauthorized access to your Account. However, you agree that you
will be liable for any losses incurred by us or another party due to
any use of your Account, excluding only uses following your notification
to us of unauthorized access to your Account.
You may not transfer your Account to any other person and you may not
use anyone else's Account at any time. In cases where you have
authorized or registered another individual, including a minor, to use
your Account, you are fully responsible for (i) the online conduct of
such User; (ii) controlling the User's access to and use of the
Services; and (iii) the consequences of any misuse.
For additional information on how we use your information, please see
our Privacy Policy.
Accuracy of Account Information:
In consideration of your use of Company Products, you agree to (a)
provide true, accurate, current and complete information about yourself
as prompted by Company's registration form (such information being
"Your Data"), (b) maintain and promptly update Your Data to keep it
true, accurate, current and complete; and (c) comply with these Terms.
If you provide any information that is untrue, inaccurate, not current,
incomplete or misleading, or if we believe that such information is
untrue, inaccurate, not current incomplete or misleading, then we
reserve the right to suspend or terminate your account and refuse or
restrict any and all current or future use of the Company Products,
without any liability to you.
User and Submitted Content:
Any materials, information, communications or ideas that you upload,
communicate or otherwise transmit or post to us on or through Company
Products (the "Submitted Content") will be treated as non-confidential
and subject to the license below, and may be reproduced, distributed,
publicly performed, publicly distributed, communicated to the public,
and otherwise used and exploited by us for any purpose related to the
delivery, marketing, promoting, demonstrating or operating the Company
Products, including, but not limited to, for quality control,
redistribution or display to Users, and professional development.
Copyright:
You acknowledge that the software, the technology underlying the
Services, and all other software, designs, materials, information,
communications, text, graphics, links, electronic art, animations,
illustrations, artwork, audio clips, video clips, photos, images, and
other data or copyrightable materials, including the selection and
arrangements thereof, provided or made available to you in connection
with the Company Products (collectively, the "Company Content") are
the proprietary property of Company and its affiliated and/or third
party providers and suppliers (the "Third Parties").
You agree that any and all material displayed on the Site is solely
for your personal use and you shall not, whether directly or
indirectly, copy, reproduce, republish, post, upload, transmit or
distribute such material in any manner and through any media including
by way of e-mail or other electronic means and shall not assist any
other person in doing so. Modification of the said materials or use of
the materials on any other website or networked computer environment
or use of the materials for any purpose other than personal use is a
violation of the said copyrights, trademarks and other intellectual
proprietary rights, and is expressly prohibited. Unless otherwise
specified, when any content is downloaded to your computer, you do not
obtain any ownership interest in such content or any use of the
content for any other purpose. The Company reserves all rights not
expressly granted to you.
All services rendered by you as a part of this agreement are works
made for hire. Company shall have exclusive and sole ownership on the
intellectual property developed by us as a part of this agreement. The
entire right, title, and interest in and to all copyrights in the
Work; all registrations and copyright applications relating thereto
and all renewals and extensions thereof; all works based upon, derived
from, or incorporating the Work; all income, royalties, damages,
claims and payments now or hereafter due or payable with respect
thereto; all causes of action, either in law or in equity for past,
present, or future infringement based on the copyrights; and all
rights corresponding to the foregoing throughout the world shall vest
with Company with respect to the works pursuant to this agreement.
Other Prohibited Uses:
In using the Company Products, you further agree not to:
Upload or otherwise transmit to or through the Services any
information or content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party,
including by incorporating any such material in Submitted Content;
Upload or otherwise transmit to or through the Services any unlawful,
harmful, harassing, defamatory, threatening, vulgar, sexually
explicit, hateful or otherwise objectionable material of any kind,
any material that can cause harm or delay to the Company Products or
computers of any kind.
Create a false identify or impersonate another person or entity in
any way;
Restrict, discourage or inhibit any person from using the Company
Products, disclose personal information about a third person on or
through Company Products or obtained from Company Products without
the consent of such person or collect information about Users of
the Company Products;
Undertake, cause, permit or authorize the modification, creation of
derivative works, translation, reverse engineering, decompiling,
disassembling or hacking of any aspect of the Company Products or
any part thereof, or attempt to do any of the foregoing, except and
solely to the extent permitted by these Terms, the authorized
features of the Company Products, or by law, or otherwise attempt
to use or access any portion of the Services other than as intended
by Company;
Gain unauthorized access to the Services, to other Users' accounts,
names or personally identifiable information, or to other computers
or websites connected or linked to the Services;
Reproduce, distribute, publicly display, publicly perform,
communicate to the public, sell, trade, resell or exploit any
portion of the Company Products, use of the Company Products,
access to the Company Products or content obtained through the
Company Products, for any purpose other than expressly permitted by
these Terms, including, by way of example and not limitation, by
doing or engaging in any of the following without Company's express
written consent;
framing, embedding and/or passing off Submitted Content obtained
from the Company Products in such a manner as to present them as
originating from a source other than the Company Products;
copying, caching or reformatting any Submitted Content for
commercial purposes in any manner whatsoever, whether by copying to
physical or electronic media for purposes of buffering delivery or
converting transmissions from the Company Products to alternative
delivery formats;
altering, defacing, mutilating or otherwise bypassing any approved
software through which the Company Products are made available;
and using any trademarks, service marks, design marks, logos,
photographs or other content belonging to Company or obtained from
the Company Products;
Post, transmit or otherwise make available any virus, worm,
spyware or any other computer code, file or program that may or is
intended to damage or hijack the operation of any hardware,
software or telecommunications equipment, or any other aspect of
the Company Products or communications equipment and computers
connected to the Company Products;
Remove, disable, damage, circumvent or otherwise interfere with
any security-related features of the Company Products, features
that prevent or restrict the use or copying of any part of the
Company Products or any content accessible on or through Company
Products, or features that enforce limitations on the use of the
Company Products or any content accessible on or through Company
Products;
Use any scraper, spider, robot or other automated means of any
kind to access the Company Products, except and solely to the
extent permitted by these Terms and the features of the Company
Products, deep-link to any feature or content on the Site, bypass
our robot exclusion headers or other measures we may use to
prevent or restrict access to the Site or Services;
Interfere with or disrupt the Company Products, networks or
servers connected to the Company Products or violate the
regulations, policies or procedures of such networks or servers;
Violate any applicable federal, state or local laws or regulations
or these Terms; and
Assist or permit any persons in engaging in any of the activities
described above.
Cancellation & Refunds:
No refund will be done for Self Paced courses.
No refund will be provided , If anytime found course is been shared
with others / multiple users or intention of course purchase is to
copy the material/ Content , access will be blocked at the same time.
In the case of refund, taxes amount will not be refunded.
The refund policy terms mentioned here do not apply for PG Programs,
E-Degree Programms and Advanced Certification Programs.
Any kind of content is downloaded from cfamily's learning management
system or If you watch more than 3 class recordings from cfamily's
learning management system then we cannot refund.
If we believe that you are abusing our refund policy, it will be our
sole discretion to suspend or terminate your account and refuse or
restrict any and all current or future use of company products,
without any liability to you.
Company reserves the absolute rights to revise these terms without
prior notice to you other than by posting revised terms on the
website.
To request a refund, please email support@cfamily.com
Procedure for Reporting Claimed Infringement:
If you believe that any content made available on or through the
Company Products has been used or exploited in a manner that infringes
an intellectual property right you own or control, then please promptly
send a "Notification of Claimed Infringement" containing the following
information to the Company address. Your communication must include
substantially the following:
A physical or electronic signature of a person authorized to act on
behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple
works are covered by a single notification, a representative list of such works;
Identification of the specific material that is claimed to be
infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information
reasonably sufficient to permit Company to locate the material;
Information reasonably sufficient to permit Company to contact you,
such as an address, telephone number, and, if available, an electronic
mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Links:
As you use the Company Products you may notice links to third-party
websites ("Third Party Sites"). This may include Instructors sending
links to Third Party Sites and/or causing Third Party Sites (such as
study resources or online education pages) to pop-up for your review.
These links are for convenience only. If you use these links, you will
leave the Site. Certain of these Third-Party Sites may make use of
Company proprietary intellectual property rights (such as copyrights,
trademarks, service marks, logos and trade names) under license from
Company. Company is not responsible for the availability or content of
these Third Party Sites or for any viruses or other damaging elements
encountered in linking to a Third Party Site, whether or not Company
is affiliated with the owners of such Third Party Sites. In addition,
the provisioning of these links to Third Party Sites is not an
endorsement or approval by Company of the organizations sponsoring
such Third Party Sites or their products or services, and you may be
subjected to offensive, harmful, or damaging content on such Third
Party Sites. These Terms do not apply to Third Party Sites, and you
should review applicable terms and policies, including any relevant
privacy policies, associated with any Third Party Sites, applications,
software or services.
YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS
OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU
MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE
PRESENCE OF ANY CONTENT OR ADVERTISING ON THE THIRD PARTY SITES.
Disclaimer; Warranty Disclaimer:
YOU UNDERSTAND THAT WHEN USING THE COMPANY PRODUCTS, PARTICIPATING IN A
COURSE, OR ACCESSING COMPANY CONTENT OR SUBMITTED CONTENT, YOU MAY BE
EXPOSED TO PRODUCTS, PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, AND OTHER
MATERIALS FROM A VARIETY OF SOURCES, AND THAT COMPANY IS NOT
RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS,
SAFETY OF OR RELATING TO SUCH PRODUCTS, CONTENT OR MATERIALS. YOU
FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS,
CONTENT OR MATERIALS THAT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR
OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL
OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY
WITH RESPECT THERETO.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY
AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, AN
EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH THE SERVICES WILL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. COMPANY AND ITS
AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE
SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED
THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES
OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE
FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE,
ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA
THROUGH THE COMPANY PRODUCTS, ANY ASSOCIATED SITES OR APPLICATIONS, AND
ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR
COMPUTER SYSTEM USED IN CONNECTION WITH THE COMPANY PRODUCTS) OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS OR ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING
OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE COMPANY
CONTENT, THE COMPANY PRODUCTS, COURSES, SUBMITTED CONTENT OR ANY
PORTION THEREOF, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE
COMPANY PRODUCTS, COMPANY CONTENT, SERVICES OR SUBMITTED CONTENT OR ANY
PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. IN NO EVENT
SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE
FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE
HUNDRED DOLLARS OR (B) THE AMOUNT OF COMMISSIONS COMPANY HAS RECEIVED
AS A RESULT OF YOUR USE OF COMPANY PRODUCTS IN THE 12 MONTHS PRIOR TO
THE ACTION GIVING RISE TO THE LIABILITY.
Indemnification:
You agree to indemnify, defend and hold harmless us, and our affiliates,
officers, directors, agents, partners, employees, licensors,
representatives and third party providers (including our affiliates'
respective officers, directors, agents, partners, employees, licensors,
representatives, and third party providers), from and against all
losses, expenses, damages, costs, claims and demands, including
reasonable attorneys' fees and related costs and expenses, due to or
arising out of any content you submit, post to, email, or otherwise
transmit to us or through the Site or Services, your use of the Company Products,
the Company Content or any portion thereof, your connection to the Site or Services,
or your breach of these Terms. We reserve the right, at our own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to fully cooperate with such defense and in asserting
any available defenses.
Modification of Services:
We may add, change or eliminate features, pricing, nomenclature and
other aspects of the Company Products and make other changes at any
time and these Terms will continue to apply to the Company Products
as modified. We reserve the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Company
Products (or any part thereof) with or without notice. You agree that
we will not be liable to you or to any third party for any such
modification, suspension, or discontinuance of all or any portion of
the Company Products.
Dispute Resolution:
Mandatory Arbitration. Please read this carefully. It affects your
rights. YOU AND COMPANY AND EACH OF OUR RESPECTIVE SUBSIDIARIES,
AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS
AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO COURT)
IN ACCORDANCE WITH THE INDIAN ARBITRATION AND CONCILIATION ACT, 1996,
AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED, FOR ALL
DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR
USE OF THE COMPANY PRODUCTS.
There shall be one (1) arbitrator appointed mutually by the Company and
You and the seat of the arbitration shall be Bangalore India The
language of the arbitration proceedings and of all written decisions
and correspondence relating to the arbitration shall be English.
These Terms shall be governed by and construed in accordance with the
laws of the Republic of India and subject to the provisions of
arbitration set out herein, the courts at Bangalore shall have
exclusive jurisdiction in relation to any disputes arising out of or in connection with these Terms.
Termination of Services; Termination of Agreement:
We may terminate your use of the Company Products immediately without
notice for any breach by you of these Terms, or any of our applicable
policies as posted on the Site from time to time or for breach of
applicable laws. Furthermore, we may terminate your rights to use the
Company Products for any other reason or no reason.
In the event of termination or expiration of these Terms, the following
sections of these Terms shall survive: all provisions regarding
ownership of intellectual property, disclaimer; warranty disclaimer,
limitation of liability, dispute resolution, any other provisions of
these Terms which, by their nature, apply after termination, and the
miscellaneous provisions below. You agree that upon the termination,
we may delete all information related to you on the Services and may
bar your access to and use of the Company Products. Upon the
termination you will immediately destroy any downloaded or printed
Company Content.
You are free to terminate your use of the Company Products at any time.
You can simply choose to stop visiting or using any aspect of the
Company Products. If you wish to terminate your account on the Site or
with the Services, you may do so by sending an e-mail to
support@cfamily.com or using any other account termination functionality
that may be offered through the Company Products.
Monitoring:
All electronic communications and content presented and / or passed to
the Company, including that presented and/or passed from remote access
connections, may be monitored saved, read, transcribed, stored, or
retransmitted in the course of daily operations by any duly authorized
employee or agent of the Company in the exercise of their duties, or by
law enforcement authorities who may be assisting the Company in
investigating possible contravention/non-compliance with applicable
laws. Electronic communications and content may be examined by
automated means. Further, the Company has the right to reject, at its
sole discretion, from the Site any electronic communications or content
deemed not to be in compliance with the corporate policies and
procedures of the Company. The Company shall not be under any
obligation to furnish any clarifications or answers in the event it so
rejects any content posted by the User. However, the Company has full
authority to review the content posted by Users on the Site.
Miscellaneous:
Entire Agreement. These Terms and any policies applicable to you posted
on the Site constitute the entire agreement between the parties with
respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such
subject matter. All rights not expressly granted in the Terms are
expressly reserved. These Terms shall inure to our benefit and to the
benefit of our agents, licensors, licensees, successors, and assigns.
All electronic communications and content presented and / or passed to
the Company, including that presented and/or passed from remote access
connections, may be monitored saved, read, transcribed, stored, or
retransmitted in the course of daily operations by any duly authorized
employee or agent of the Company in the exercise of their duties, or by
law enforcement authorities who may be assisting the Company in
investigating possible contravention/non-compliance with applicable
laws. Electronic communications and content may be examined by
automated means. Further, the Company has the right to reject, at its
sole discretion, from the Site any electronic communications or content
deemed not to be in compliance with the corporate policies and
procedures of the Company. The Company shall not be under any
obligation to furnish any clarifications or answers in the event it so
rejects any content posted by the User. However, the Company has full
authority to review the content posted by Users on the Site.
Severability. If any provision of these Terms is found to be illegal,
void or unenforceable, then that provision shall be deemed severable
from these Terms and shall not affect the validity and enforceability
of any remaining provisions of these Terms.
Waiver. A provision of these Terms may be waived only by a written
instrument executed by the party entitled to the benefit of such
provision. The failure of Company to exercise or enforce any right or
provision of these Terms will not constitute a waiver of such right or
provision.
Notice. Any notice or other communication to be given hereunder will be
in writing and given by facsimile, postpaid registered or certified
mail return receipt requested, or electronic mail.
No Agency. Nothing in these Terms shall be construed as making either
party the partner, joint venture partner, agent, legal representative,
employer, contractor or employee of the other. Neither the Company nor
any other party to this Terms shall have, or hold itself out to any
third party as having, any authority to make any statements,
representations or commitments of any kind, or to take any action that
shall be binding on the other except as provided for herein or
authorized in writing by the party to be bound.
