THE AGREEMENT
The use of this website and the services provided by Custom Market Insights (from now on referred to as the “Owner”) are subject to the following Terms & Conditions (from now on the “Terms of Service”), all parts and sub-parts of which are incorporated by reference here, together with the Privacy Policy. These Terms of Service govern your use of www.businessresearchindustry.com (the “Website”), all pages on the Website, and any services provided by or on this Website (“Services”).
By accessing the Website, either directly or through a hyperlink, and purchasing something from us, you engage in our “Service” and agree to be bound by the Terms of Service, including any additional terms, conditions, and policies referenced herein and available by hyperlink. These Terms of Service apply to all site users, including, without limitation, vendors, buyers, customers, merchants, browsers, and/or contributors of content. You acknowledge and agree that the Website may use your personal information as described in our Privacy Policy, which explains how your information is collected, used, and stored.
1) DEFINITIONS
The parties referred to in these Terms of Service are defined as follows:
- Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it available to users. Custom Market Insights, Owner, Us, We, Our, Ours, and other first-person pronouns refer to the Owner and all employees and affiliates of the Owner.
- You, the User, the Client: You, as the website user, are referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For these Terms of Service, “User” or “You” refers to any natural or legal person accessing the Website. The term “Your” shall be construed accordingly.
- Parties: Collectively, the Parties to these Terms of Service (the Owner and You) will be referred to as “Parties.”
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms of Service and agree to be bound by them. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions specific to those Services may apply, which shall be deemed an agreement between the User and the Owner.
3) ABOUT THE SITE
The Website is an online platform that facilitates the sale of market research reports, market analytical data, and data visualization tools. We reserve the right to refuse service or decline the sale of products on the Website at our sole discretion to anyone for any reason.
The Website does not screen or censor users who register on or access the Website. You assume all risks associated with dealing with other users you contact through the Website. You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of or restrict any third party’s use of the Website.
4) LICENSE TO USE WEBSITE
Custom Market Insights (“Owner”) may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Owner and other materials that may assist in Your use of the Website or Services (“Owner Materials”). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable, and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.
You agree not to collect the contact information of other users from the Website or download or copy any information via unsolicited access to communicate with them directly or for any reason whatsoever.
Any unauthorized use by You shall terminate the permission or license granted to You by the Website. You agree not to bypass any measures the Owner uses to prevent or restrict access to the Website.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Owner are the Owner’s property, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Owner IP”). You agree that the Owner owns all rights, titles, and interests in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Owner.
To make the Website and Services available to You, You hereby grant the Owner a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of any content You publish, upload, or otherwise make available to the Website (“Your Content”). The Owner claims no further proprietary rights in Your Content.
If You believe any of Your intellectual property rights have been infringed or violated by the posting of information or media by another user, please get in touch with us to notify Us.
6) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including but not limited to Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. You are responsible for maintaining the safety and security of Your identifying information and keeping Us apprised.
7) PAYMENT & FEES
Should You register for any of the paid Services on this website or purchase any product or service on this website, You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts (“Fees”) will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately before purchase. We reserve the right to refuse service or to sell the products on the Website at our sole discretion to anyone for any reason.
8) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful or prohibited purpose under this clause. You agree not to use the Website or Services in any way that could damage the Owner’s Website, Services, or general business.
a) You further agree not to use the Website or Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Owner or any third party;
- To upload or disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid schemes;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
You are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to infringe on any third party’s intellectual property, proprietary rights, or rights of publicity or privacy, knowingly or unknowingly;
(d) to violate any local, federal, or international law, statute, ordinance, or regulation;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information or any content that is defamatory, libelous, threatening, unlawful, harassing, indecent, obscene, or lewd, and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or any law;
(g) to upload or transmit viruses or any other type of malicious code that may affect the functionality of the Service, related websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to damage, disable, overburden, or impair the Website or any other party’s use of the Website;
(j) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(k) for any obscene or immoral purpose; or
(l) to interfere with or circumvent the security features of the Service, related websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating prohibited uses. The Company has full authority to review all content Users post on the Website. You acknowledge that the Website is not responsible or liable and does not control the content posted by You or other users, and You are solely responsible for it. You agree not to upload, post, or transmit any content You do not have the right to make available (such as another party’s intellectual property).
You agree to comply with all applicable laws and regulations concerning Your use of the Website and further agree that You will not transmit any information, data, text, files, or materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful, or racially or otherwise objectionable.
We may, but are not obligated to, monitor, edit, or remove content we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
9) COMMUNICATION
By using the Website, you agree to these Terms and Conditions and consent to receive communications via phone or electronic records, including e-mails about products and services offered by the Website (or its affiliates and partners). You agree that the communications sent to You by the Website shall not be construed as spam under any law prevailing in any country where such communication is received.
10) AFFILIATE MARKETING & ADVERTISING
Through the Website and Services, the Owner may engage in affiliate marketing, receiving commissions from sales of goods or services on or through the Website. The Owner may also accept advertising and sponsorships or receive other forms of compensation.
11) PRIVACY INFORMATION
Through your use of the Website and Services, you may provide us with certain information. By using the Website or the Services, you authorize the Owner to use your information in India and any other country where we may operate.
Information We May Collect or Receive:
When you register for an account, you provide us with a valid email address and may provide additional information, such as your name or billing information. Depending on how you use Our Website or Services, we may also receive information from external applications or via technologies such as cookies, log files, clear gifs, and web beacons.
How We Use Information:
We use the information gathered from you to ensure your continued good experience on Our Website, including through email communication. We may also track passive information to improve our marketing and analytics, working with third-party providers.
How You Can Protect Your Information:
If you want to disable our access to passive information, you can disable cookies in your browser settings. If you terminate your account, we will store your information for 365 days before deleting it.
12) ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Owner. You further agree that Purchasing any of the products on the Website is at Your own risk. The Owner does not assume responsibility or liability for any advice or other information on the Website.
13) SALE OF GOODS/SERVICES
The Owner may sell goods or services or allow third parties to sell goods or services on the Website. The Owner undertakes to be accurate with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk. You hereby release the Owner from any claims related to goods or services manufactured or sold by third parties, including warranty or product liability claims.
We may restrict the sales of products or Services to any person, geographic region, or jurisdiction at our sole discretion as we may decide on a case-by-case basis. We further reserve the absolute right to refuse any order placed by any person and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If we cancel your order, we will contact the e-mail and/or billing address/phone number provided when the order was made. We also do not provide any warranties that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations and standards. Prices and descriptions of products are subject to change at any time without notice, at our sole discretion.
We may remove or discontinue any products from our site without prior notice. We may provide you access to third-party tools we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions and any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
14) SHIPPING/DELIVERY/RETURN POLICY
Items purchased online are normally available 48-72 hours after processing your order. However, depending on the complexity of the modification, additional time may be required for specific and customized changes in the report.
If you are unhappy with anything you have purchased on Our Website, you may contact us for modifications, which we may provide on a case-by-case basis.
We do not make returns on Products and Services provided by Us to You due to the customized nature of the Products and Services.
15) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- Violate the security of the Website or Services through any unauthorized access, circumvention of encryption, or other security tools, data mining, or interference with any host, user, or network.
16) DATA LOSS
The Owner does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
17) INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us harmless against any legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Owner shall be able to select its legal counsel and may participate in its defense if the Owner wishes.
18) SPAM POLICY
You are strictly prohibited from using the Website or any Owner’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
19) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused by Your use of any third-party services linked to from Our Website.
20) MODIFICATION & VARIATION
The Owner may modify these Terms of Service from time to time and at any time without notice to You. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that Your continued use of the Website after any modifications to these Terms of Service is a manifestation of Your continued consent to these Terms of Service.
Suppose You fail to monitor any modifications to or variations of these Terms of Service. In that case, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
21) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties regarding any and all use of this Website. It supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
22) SERVICE INTERRUPTIONS
The Owner may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime for any reason but that the Owner shall have no liability for any damage or loss caused by such downtime.
23) TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may terminate these Terms of Service anytime by contacting Us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of Your account. At the termination of these Terms of Service, any provisions expected to survive termination by their nature shall remain in full force and effect.
24) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Owner hereby disclaims any express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Owner also makes no warranties regarding the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Owner is not liable for any such damage or loss.
All information, software, products, services, and related graphics are provided on this site on an “as is” and “as available” basis, without warranty, either expressed or implied. The Website disclaims all warranties, expressed or implied, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, or arising from a course of dealing, usage, or trade practice. Company makes no representation about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services.
The Website makes no warranty that the use of the Website will be uninterrupted, timely, secure, without defect, or error-free. You expressly agree that use of the site is at your own risk. The Website shall not be responsible for any content found on the Website.
Your use of any information or materials on this site or otherwise obtained through this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
The Website assumes no responsibility for the accuracy, completeness, or usefulness of information, views, opinions, or advice in any material contained on the Website. Any information of third parties or advertisers is made available without modification, and the Website cannot guarantee accuracy and is not liable for any inconsistencies arising thereof. All postings, messages, advertisements, photos, sounds, images, text, files, video, or other materials posted on, transmitted through, or linked from the Website, are solely the responsibility of the person from whom such content originated. The Website does not control, and is not responsible for, content available on the Website.
There may be instances when incorrect information is inadvertently published on our Website or in the Service, such as typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Any errors, inaccuracies, or omissions may be corrected at our discretion at any time, and we may change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
The Website shall not be responsible for any interaction between you and other users. Under no circumstances will the Website be liable for any goods, services, resources, or content available through third-party dealings or communications or for any related harm. The Website is not obligated to become involved in any disputes between you and other users or between you and any other third parties. You agree to release the Website from any claims, demands, and damages arising out of or in connection with such disputes.
You agree and understand that while the Website has made reasonable efforts to safeguard the Website, it cannot and does not ensure or make any representations that any unauthorized third parties cannot hack the Website or any of the information provided by You. You specifically agree that the Website shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website.
You hereby agree and confirm that the Website shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorized access of the Website by third parties or for any such use of the information provided by You or any spam messages or information that You may receive from any such unauthorized third party (including those which are sent representing the name of the Website but have not been authorized by the Website), which is in violation of these Terms of Service or the Privacy Policy.
You specifically agree that the Website is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Website is not responsible for any content sent using and/or included in the Website by any third party.
The Website has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure, or other causes beyond its direct control. It is also not responsible for any additional expenses, omissions, delays, or acts of any government or authority.
You will be solely responsible for any damages to your computer system or loss of data resulting from downloading any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
In no event shall the Website be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide Services, or to deliver the products, or for any information, software, products, services, and related graphics obtained through the site, or any interaction between you and other participants of the Website, or otherwise arising out of the use of the Website, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Website or any of its affiliates/suppliers has been advised of the possibility of damages. If, despite the limitation above, the Company is found liable for any loss or damage that arises out of or in any way connected with the use of the Website and/or provision of Services, then the liability of the Company will in no event exceed 25% (fifty percent) of the amount you paid to the Company in connection with such transaction(s) on this Website.
You accept all responsibility for and hereby agree to indemnify and hold harmless the company from and against any actions you or any person authorized to use your account, including, without limitation, disclosure of passwords to third parties. By using the Website, you agree to defend, indemnify, and hold harmless the indemnified parties from any liability regarding your use of the site or participation in any site activities. If you are dissatisfied with the Website, the Services, or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
25) LIMITATION ON LIABILITY
The Owner is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Owner arising from or relating to these Terms of Service is limited to the lesser of USD 250. This section applies to any claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts.
26) GENERAL PROVISIONS:
LANGUAGE: All communications made or notices given under these Terms of Service shall be in English.JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, except its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts in Mumbai, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive but mandatory. You waive the right to any objection to the venue, including asserting the doctrine of forum non conveniens or similar doctrine.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by You. Should these Terms of Service, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Owner, the rights and liabilities of the Owner will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of these Terms of Service shall continue in full force.