TERMS OF SERVICE
In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
- A. The website
www.avinavconsulting.com (hereinafter referred to as Website) and the IOS/Android application 'avinav' (hereinafter referred to as "Application" or "App"), owned by Avinav Consulting., a Partnership incorporated under the Partnership Act, 1932, (hereinafter called as "Partnership", having its registered office at 347 Vardhman Sunrize Plaza, LSC Plot No. 1, Vasundhra Enclave, Delhi-110096, India. Represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
- D. We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website/App or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website/App is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
The Website/App is an online B2B portal, where certain industry sectors, like auto components, automotive, aviation, aerospace, defence, space, homeland security will become Users. They will contact each other through the website/App and share their details. The member companies/Users may also ask for questions from Avinav Consulting on paid or free basis. The questions would be mainly on consulting certain regulatory and tax matters, market research, giving advertisement, planning, seeking approvals, etc.
The Website/App is basically a portal for member companies/Users to interact with each other. Users will get updates on regulations, taxes, industry news, RFP, RFIs, etc. They can also ask questions relating to their business operations, like inbound investment, joint ventures, setting up wholly owned subsidiary, various tax and regulatory registrations, advisory services, market research analysis, etc.
The free Users or limited rights Users will not be able to get certain details of paid Users.
By virtue of agreeing to the these Terms of Service, all users/members of the Website have given their express consent to the Website Owner or the Company for displaying their advertisement on the website and that later in the future they cannot raise an objection to the same.
NOTE: All information provided by the member companies/Users should be true and correct, if for some reason the information is found to be false, the website/App reserves the right to remove the member profile of such company from the website/App. The User/member company shall not claim refunds for any subscription payments made.
If a customer wants to avail services of the Website/App and use it, registration is required. As a part of the registration, We collect information such as your name, gender, name of your company, name of CEO of your company, basic demographic or company data, key contact person, key public relation contact, address of the company, factory or manufacturing unit details, industry, products/services offered, National Industrial Classification code, product/service description as per DPP, product/service description as per military stores, number of employees, turnover, export - import details, existing Joint Venture or Technology tie up, research and development facility, certifications, supply chain, MSME, industrial license, operating margin, partners, Indian offset partner (if applicable), contracts with government establishments (if applicable), whether you are looking for Joint Venture or a foreign collaboration, your date of birth, email address, contact number, password, city, state, country, Credit Card information, other billing Information, enquiry sought, etc.
Membership of this Website/App is available only to those above the age of 18, barring those "Incompetent to Contract" which inter alia include insolvents. If You are a minor and wish to use the Website/App, You may do so through Your legal guardian. The Partnership/Website/Appreserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website/App or availing any of its services.
Further, at any time during Your use of this Website/App, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or we have reason to believe that You have done so, We hold the right to permanently suspend Your account.
4. MESSAGES AND SHARING
When you share information, others can see, copy and use that information. Our Services allow messaging and sharing of information in many ways, such as your profile, slide deck, links to news articles, job postings, InMails and blogs. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., sharing to a group instead of your network, changing the default setting for SlideShare content from public to a more restricted view, limiting your profile visibility, or not letting people know when you change your profile, make recommendations or follow companies). Note that other activities, such as applying for a job or sending an InMail, are by default private, only visible to the addressee(s). We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
5. RIGHTS AND LIMITS<4>
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We'll honor the choices you make about who gets to see your information and content.
You promise to only provide information and content that you have the right to share, and that your profile will be truthful.
As between you and Us, you own the content and information that you submit or post to the Services and you are only granting Us the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- A. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except
- (a) to the extent you shared it with others as part of the Service and they copied or stored it and
- (b) for the reasonable time it takes to remove from backup and other systems.
- c. We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
- D. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- E. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Us, you agree that We can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain countries.
We have the right to limit how you connect and interact on our Services. We're providing you notice about our intellectual property rights. We reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. We reserve the right to restrict, suspend, or terminate your account if We believe that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts). We reserve all of its intellectual property rights in the Services. For example, , SlideShare, Stylized, the SlideShare and "in" logos and Our other trademarks, service marks, graphics, and logos used in connection with our website/app are trademarks or registered trademarks of the Partnership. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
If you purchase any of our paid services, you agree to pay us the applicable fees and taxes. Failure to pay these services may result in the termination of your subscription. Also, your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
You must pay us for applicable fees and taxes unless you cancel the paid service, in which case agree to still pay these fees through the end of the applicable subscription period.
Taxes are calculated based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your account settings under 'Purchase history' or you can request your invoice through Customer support.
9.ACCOUNT REGISTRATION AND OBLIGATIONS
All Users have to register and login for availing services on the Website/App.
You will keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to:
(1) try to choose a strong and secure password;
(2) keep your password secure and confidential;
(3) not transfer any part of your account (e.g., connections, groups) and
(4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse. Note that for Premium Services purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for the Premium Service controls such an account (which is different from your personal account) and may terminate your access to it.
10.MODE OF PAYMENT
The following payment options are available on the Website/App:
- a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
- b) Visa & Master Card Debit cards;
- c) Netbanking/Direct Debit payments from select banks.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Partnership.
The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Partnership has no control over the same. To successfully subscribe on the Website/App, the User is required to complete the transaction by making the payment for the services opted for.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website/App, including but not limited to downloading content and availing its service partner's service.
12. USER'S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- a.You hereby certify that you are at least 18 years of age.
- b.You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
- c.You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website/App, including, without limitation to, any usage rules set forth in this Agreement.
- d.You shall provide accurate information to us and keep it updated.
- e.You shall use your real name on your profile.
- f.You shall use the services in a professional manner.
- g.You undertake not to:
- i. Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate or objectionable content;
- ii. Add content that is not intended for, or in accurate for, a designated field (e.g. submitting a telephone number in the title or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by website/App);
- iii.Create a false identity on website/App;
- iv. Misrepresent your current or previous positions and qualifications;
- v. Create a member profile for anyone other than yourself (a real person or entity);
- vi. Use or attempt to use another's account;
- vii. Harass, abuse or harm another person;
- viii. Send spam or other unwelcomed communications to others;
- ix. Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- x. Act in an unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable manner;
- xi. Disclose information that you do not have the right to disclose (such as confidential information of others (Including your employer or entity));
- xii.Violate the intellectual property or other rights of website/App, including, without limitation using the word 'website/App' or our logos in any business name, email or URL;
- xiii. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
- xiv. access (or attempt to access) the Website/App and/or the materials or Services by any means other than through the interface that is provided by the Website/App . The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App or , materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App is prohibited. You acknowledge and agree that by accessing or using the Website/App Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. Further, You may report such offensive content;
- xv. use the Website/App or in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Partnership's services; (ii) any other party's use and enjoyment of Partnership's services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
- xvi. use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
- xvii.abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- xviii. engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the website/app);
- xix. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's mobile phone;
- xx. download any file posted on the Website/App that you know, or reasonably should know, cannot be legally distributed in such manner;
- xxi. probe, scan or test the vulnerability of the Website/App or any connected network, nor breach the security or authentication measures on the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App , or exploit the Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the website/app ;
- xxii. disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, servers or networks connected to or accessible through the Website/App or any affiliated or linked website or apps;
- xxiv. violate any applicable laws or regulations for the time being in force within or outside your home country;
- xxv.violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- xxvi. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- xxvii. threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- xxviii. disseminate information through the Website/App that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.
- a. All information, content, services and software displayed on, transmitted through, or used in connection with the Website/App, including for example news articles, reviews, directories, guides, text, photographs, photos, pictures, videos, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website/App, and solely for your personal, non-commercial use.
- b. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website/App, not to insert any code or product or manipulate the content of the Website/App in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
- c. Unless the Partnership has otherwise agreed to in writing, nothing herein gives the members a right to use any of the Partnership's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, save according to the provisions of this Agreement.
- d. The Partnership has the right to use all logos, trademarks, brand names, service marks, domain names and other distinctive brand features of the members registered on the website/app.
13. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website/App, please contact Us at firstname.lastname@example.org , email@example.com. Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website/App, including for example but not limited to, communication during any registration, You represent and warrant:
- i. You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
- ii. all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and
- iii. the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited.
You authorize us to share the information across all our affiliated Website/Apps, to include the information in a searchable format accessible by users of the Website/App, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
14. Hyperlinking Policy
Links to external websites/portals
At many places in this website/Apps, you shall find links to other websites/portals. The links have been placed for your convenience. We are not responsible for the contents and reliability of the linked websites and does not necessarily endorse the views expressed in those websites. Mere presence of the link or its listing on this Portal should not be assumed as endorsement of any kind. We cannot guarantee that these links will work all the time and we have no control over availability of linked pages.
Links of our Website / Apps by other websites
We do not object to you linking directly to the information that is hosted on this site and no prior permission is required for the same. However, we would like you to inform us about any links provided to this Portal so that you can be informed of any changes or updations therein. Also, we do not permit our pages to be loaded into frames on your site. The pages belonging to this site must load into a newly opened browser window of the User.
- a. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website/App . We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
- b. The Website/App has no obligation to provide You with a copy of the information You or any other User provides on the Website/App or that the Website/App has accessed.
- c. Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website/App.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website/App to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website/App. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made by Us in connection with any claim arising from or related to:
- a. Your use or any Third Party's use via Your account of the Service provided by the Website/App and its Content;
- c. Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
17. DISCLAIMER OF LIABILITY
The Partnership will not be responsible for any damage suffered by users from use of the services on this system. This without limitation includes loss of revenue/data resulting from delays, pricing issues or service interruptions as may occur because of any act/ omission. This disclaimer of liability also 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, tortuous behavior, negligence, or under any other cause of action.
TO THE EXTENT ALLOWED UNDER LAW, WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want.
We or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Center to learn how to close your account, close your Pulse account, or close your Slideshare account.
18. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Partnership reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
- b. Stage 2: Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Partnership, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi, India.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of New Delhi, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts. All Users situated outside of India shall also be bound by the laws of New Delhi, India.
20. MISCELLANEOUS PROVISIONS:
- a. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- b. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- c. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.