- Category: Prospero
- Published: 17 May 2014
1. Acceptance of terms
2. Intellectual property rights(ip)
3. Links to third party sites
4. Access restriction/ fees
5. Registration and subscription
6. Your obligations
7. Limits on personal and non-commercial use
9. Delays in services
10. Liability disclaimer
11. Information disclaimer:
13. Conflicting terms:
14. Attorney's fees:
15. Entire agreement
18. Terms related to online payments
1. Acceptance of terms
2. Intellectual property rights(ip)
3. Links to third party sites
4. Access restriction/fees
www.prosperotree.com reserves the right to deny, in its sole discretion, any user access to this web site or any portion thereof without notice or justification. Further www.prosperotree.com reserves the right at any time to charge fees for access to any service provided by it.
www.prosperotree.com may offer its some of its services free of charge to the user subject to such terms and conditions including the period for which it is offered free of charge, as may be decided by www.prosperotree.com. It shall put up a notice to this effect with necessary details at the relevant point of time.
5. Registration and subscription
1 if you wish to receive access to the restricted editorial content of the website you will need to register (as a registered user) or subscribe (as a subscriber) with us and the following provisions of this clause will apply.
1.1 You agree to:
A) provide true, accurate, correct and complete information which you are required to provide when you register or subscribe as a user of the website, whether in respect of the subscription services or the free services ("personal information"); and
B) Notify us immediately of any changes to the personal information.
C) Receive calls, sms or emails regarding our products or services and various promotional offers for solicitation.
D) You agree not to: impersonate any other person or entity or to use a false name or a name that you are not authorized to use, or disclose your password or user name to any other person, or allow your password or user name to be used by any other person to access the services.
E) We reserve the right to decline any application from you to register or subscribe as a user of the subscription services and/or the free services at our sole discretion. If you are accepted you will receive from us a user name and password. If you are allowed to select a user name, we reserve the right to modify such or provide you with a user name of our choice if, in our sole opinion, such user name infringes or violates the rights of any person or third party or is defamatory, offensive or is in any other way improper or inappropriate.
F) We reserve the right to terminate your account (including user name and password) if any personal information is untrue, inaccurate, out-of-date or incomplete or any reasons which we believe is appropriate for such termination.
6. Your obligations
1.1 agree not to use the website(s) and/or the services (or any part thereof) including any discussion forums for any illegal purpose and agree to use it in accordance with all relevant laws;
1.2 agree not to upload or transmit through the website(s) and/or the services any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
1.3 will not upload or transmit through the website(s) and/or the services any material which is defamatory, offensive, or of an obscene or menacing character or that may cause annoyance, inconvenience or needless anxiety;
1.4 will not use the website(s) and/or the services in a way that may cause the website(s) and/or the services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the website(s) and/or the services is in any way impaired;
1.5 will not use the website(s) and/or the services including any discussion forums in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
1.6 will not attempt any unauthorised access to any part or component of the website(s) and/or the services;
1.7 agree that in the event that you have any right, claim or action against any users arising out of that user's use of the website(s) and/or the services, then you will pursue such right, claim or action independently of, and without recourse to us; and agree not to allow any third party directly or indirectly to use your subscription, user name or password.
7. Limits on personal and non-commercial use
The user expressly agrees to use the service strictly for personal purpose. The user shall not recompile, disassemble/copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information, software, products, tools or services accessed from this web site. The user should not distribute the content of this website to anyone via email / sms and should not share his / her username password to anyone else. The user may not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the service, with or without consideration. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
The user represents that he is aware that in the process of subscribing to the service or parts of it, www.prosperotree.com may obtain information relating to the user, including that of a confidential nature. This information will be used by www.prosperotree.com for its internal purposes and will be kept confidential. Notwithstanding anything contained above, www.prosperotree.com reserves the right to disclose personal information where it believes in good faith that such disclosure is required by law, to perform necessary credit checks or collect or report debts owed to www.prosperotree.com, to protect www.prosperotree.com's rights or property or for other bonafide uses. The user agrees and warrants that all information that www.prosperotree.com may possess or may obtain pursuant to the use of service has been possessed or obtained with the permission of the user.
9. Hyperlinking to site and referencing site prohibited
unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the URL (www.prosperotree.com) in any commercial or non-commercial media without express permission. You specifically agree to cooperate with the website to remove or de-activate any such activities and be liable for all damages.
10. Delays in services
Neither www.prosperotree.com (including its and their directors, employees, affiliates, agents, representatives, related parties or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of god, riots, armed conflicts, acts of war, or other like causes. www.prosperotree.com shall have no responsibility to provide you access to www.prosperotree.com while interruption of www.prosperotree.com is due to any such cause shall continue.
11. Liability disclaimer
You expressly agree that use of the website is at your sole risk.
The contents, information, software, products, features and services published on this web site may include inaccuracies or typographical errors. Changes are periodically added to the contents herein. Data can become redundant and may be erroneous. www.prosperotree.com and/or its respective suppliers may make improvements and/or changes in this web site at any time without any special intimation. This web site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. www.prosperotree.com (and its owners, related parties, suppliers, consultants, advertisers, affiliates, partners, employees or any other associated entities, all collectively referred to as associated entities hereafter) shall not be liable to user or member or any third party should www.prosperotree.com exercise its right to modify or discontinue any or all of the contents, information, software, products, features and services published on this website.
www.prosperotree.com and/or its respective associated entities make no representations about the suitability of the contents, information, software, products, features and services contained on this web site for any purpose. All such contents, information, software, products, features and services are provided "as is" without warranty of any kind. www.prosperotree.com and/or its associated entities hereby disclaim all warranties and conditions with regard to these contents, information, software, products, features and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
In no event shall www.prosperotree.com and/or its associated entities be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this website, or for any contents, information, software, products, features and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if www.prosperotree.com or any of its associated entities has been advised of the possibility of damages
12. Information disclaimer
You acknowledge that the information provided through www.prosperotree.com is compiled/composed/prepared from sources/other contributors, which are beyond the control of www.prosperotree.com; though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and www.prosperotree.com does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that www.prosperotree.com has provided to you “on and as is, with all faults" basis. www.prosperotree.com expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement. In addition, www.prosperotree.com, in providing the information makes no endorsement of any particular security, martket participant, or brokerage. Further, www.prosperotree.com does not represent or warrant that it will meet your requirements or is suitable for your needs.
Under this user agreement, you assume all risk of errors and/or omissions in www.prosperotree.com, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of www.prosperotree.com, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the user agreement.
You agree that www.prosperotree.com (including its and their officers, directors, employees, realted parties, affiliates, group companies agents, representatives or subcontractors) shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use www.prosperotree.com for any purpose whatsoever. Www.prosperotree.com and it's affiliates, related parties, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise to user and/or any third party.
You shall indemnify, defend and hold harmless www.prosperotree.com (including its officers, related parties, directors, employees, affiliates, group companies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of www.prosperotree.com (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by www.prosperotree.com
14. Conflicting terms
If there is any conflict between this user agreement and other documents, this user agreement shall govern, whether such order or other documents is prior to or subsequent to this user agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of www.prosperotree.com
15. Attorney's fees
If www.prosperotree.com takes action (by itself or through its associate companies) to enforce any of the provisions of this user agreement, including collection of any amounts due hereunder, www.prosperotree.com shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
16. Entire agreement
This user agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and www.prosperotree.com. By using the information on www.prosperotree.com, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. www.prosperotree.com does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the information. The information does not constitute a solicitation by the information providers, www.prosperotree.com or other of the purchase or sale of securities.
The service is provided "as is," without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the service. Specifically, www.prosperotree.com disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services; and (ii) any warranties of title, warranty of non-infringement and warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.
Neither www.prosperotree.com nor any of its employees, agents, successors, assignees, affiliates, group companies or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such countries, the respective liability of www.prosperotree.com, its employees, agents, successors, assignees, affiliates, group companies and content or service providers respective liability is limited to the amount provided under said law. Further, you agree and understand that all services provided are non-refundable and that you should carefully consider whether our services are able to meet your needs.
This user agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) immediately by www.prosperotree.com for any unauthorized access or use by you (b) immediately by www.prosperotree.com if you assign or transfer (or attempt the same) any rights granted to you under this agreement; (c) immediately, if you violate any of the other terms and conditions of this user agreement. Termination or cancellation of this agreement shall not affect any right or relief to which www.prosperotree.com may be entitled, at law or in equity. Upon termination of this user agreement, all rights granted to you will terminate and revert to capitalvia.com. Except as set forth herein, regardless of the reason for cancellation or termination of this user agreement, the fee charged if any for access to capitalvia.com is non-refundable for any reason.
18. Jurisdiction: The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
19. Terms related to online payments
To be updated soon …