Please read this agreement carefully! This is a binding contract
Terms & Conditions – Agreement
This Agreement describes the terms and conditions applicable to your use of the DatabaseBank.co.in website, which features tools for trading and communicating in a business to business e-market (the “Service”).
DatabaseBank.co.in Services Terms & Conditions
1. Acceptance of Terms.
By accessing our website past the home page, you agree that you have entered into this Agreement with DatabaseBank.co.in and that you will be bound by the terms and conditions hereof (“Terms”), which DatabaseBank’s, in its discretion may change from time to time. We will post a notice on our website to inform you of any changes to the Terms. If you do not agree to the changes, you must discontinue using the Service. The changed terms shall automatically be effective immediately after they are initially posted on the homepage of our site. Your continued use of the Service will signify your acceptance of the changed Terms. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement. This Agreement may not be otherwise modified except in a writing signed by an authorized officer of DatabaseBank’s. If you disagree with any part of these terms and conditions, please do not use our website for free or paid services.
Certain areas of the DatabaseBank’s website are freely accessible and by accessing those areas you agree to the relevant sections of this Agreement, other DatabaseBank’s Services can only be accessed following registration and may not be available to all users. By registering for the restricted areas of the DatabaseBank’s website and/or by using those DatabaseBank’s services, you agree to the sections of this Agreement that apply to those DatabaseBank’s services.
2. DatabaseBank’s Services.
The DatabaseBank’s services (DatabaseBank’s services) is property of and managed by ISHIKA DIGITECH. Database subscription agreements are made between the subscriber and ISHIKA DIGITECH. This Agreement covers the following services offered by ISHIKA DIGITECH (together these are referred to as the ” DatabaseBank’s services”):
The DatabaseBank’s Online Information Service (“the DatabaseBank’s Information Service”) is a business data information service managed centrally by ISHIKA DIGITECH and includes the provision of business data and information compiled and organised using a method developed by ISHIKA DIGITECH (“DatabaseBank’s “), through compilation of information of business companies and related services. The DatabaseBank’s Information Service is available under the Free & Premium Online Subscription of the DatabaseBank’s website. The DatabaseBank’s Information Service includes information about the company profiles, products and / or services of third parties and may permit access to information and services provided by third parties (“Third Party Content”).
The DatabaseBank’s Services may include certain communications from ISHIKA DIGITECH, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
The DatabaseBank’s reserves the right to amend, modify or suspend the DatabaseBank’s Services (or any part thereof) from time to time. This agreement represents the entire agreement between the parties relating to the DatabaseBank’s services and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever which existed or may have existed between DatabaseBank’s and the user. DatabaseBank’s may modify this Agreement upon notice published over the DatabaseBank’s website.
3. Use of the DatabaseBank’s Services.
The User agrees not to copy (other than incidentally in the process of viewing), market, re-sell, distribute, retransmit, publish, compile a database, carry on any automated browsing or downloading or otherwise transfer or commercially exploit in any form any DatabaseBank’s Data or Third Party Content received via or in connection with the DatabaseBank’s Services other than for the internal purposes of its business. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Site. No part of the Site may be reproduced or transmitted to or stored in any other website, nor may any of its pages, or content, or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
Using the DatabaseBank’s or the DatabaseBank’s Services for “spamming” and/or unlawful unsolicited marketing is expressly prohibited.
The subscriber agrees that any downloaded content will be solely used for internal purposes only. Particularly, data harvesting will not be allowed, nor the use of contact details to send out serial mails (electronically or physically). Furthermore, no data can be made available to third parties. No part of this website may be reproduced or transmitted in any form or by any means, electronically, mechanically, by photocopying, by recording or otherwise, without prior permission from ISHIKA DIGITECH.
Except to the extent permitted by law, the User agrees not to reverse engineer, decompile, disassemble, alter or modify the whole or any part of any software which is accessible via or in connection with the DatabaseBank’s Services.
4. Licence.
DatabaseBank’s grants to the User (for so long as the User has a valid subscription to subscribed sevices (where relevant) with us a personal, non-exclusive, non-transferable licence (“the Licence“) to access and use the DatabaseBank’s Services and the DatabaseBank’s for internal purposes only upon the Terms and Conditions of this Agreement. The User shall not assign, dispose of, sub-license, or otherwise transfer its rights granted by this agreement and in particular the User shall not allow any person (other than, where the User is a body corporate or business partnership, its duly authorised employees or its Secondary Users and the User shall procure that such individuals/Secondary Users accept and adhere to these Terms and Conditions) to use or have access to the DatabaseBank’s without the prior written permission of DatabaseBank’s.
5. Ownership and Intellectual Property Rights.
The user acknowledges that it shall not acquire any rights in the DatabaseBank’s, DatabaseBank’s Services or other data compiled through the user’s use of the DatabaseBank’s Services. The user further acknowledges that the DatabaseBank’s forms a valuable body of information and that the copyright, trademarks and all other intellectual property rights in or relating to the DatabaseBank’s Services and the DatabaseBank’s compilation data are and shall remain the property of DatabaseBank’s in the case of Third Party Content, its licensors. The user shall not alter or remove any copyright symbol or any other identification or information concerning the authorship or ownership of any of the DatabaseBank’s. To the extent that any court of competent jurisdiction holds that the user does have rights to such DatabaseBank’s, DatabaseBank’s Services or other data compiled through the user’s use of the DatabaseBank’s Services the user grants to DatabaseBank’s a non-exclusive, royalty free, perpetual licence to access and use for whatever purpose of such data.
6. Liability.
All the contents of this website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision and you should consult an appropriate professional for specific advice tailored to your situation.
The DatabaseBank’s company profile data is collected, compiled from public search, information available in public domain, proof lists, business directories, business papers, magazines and from the companies listed with Registrar of Companies. As such much of the DatabaseBank’s Data is provided, collected to DatabaseBank’s from various sources. The accuracy and completeness of the information collected information depends on the co-operation of the listed companies. Although DatabaseBank’s undertakes to use all reasonable endeavours to ensure that the information is as accurate as is commercially possible, DatabaseBank’s accepts no liability for the currency, usefulness or any inaccuracy of the DatabaseBank’s Data available on its website.
The DatabaseBank’s Services are made available on an “as is” basis without any warranties, terms or conditions of any kind, including (without limitation) warranties, terms or conditions as to satisfactory quality, merchantability, fitness for purpose or compliance with any description or generally as to the quality of the DatabaseBank’s Services, the DatabaseBank’s Data, Third Party Content or any information obtained using the DatabaseBank’s Services whether express or implied, statutory or otherwise which are hereby expressly excluded to the fullest extent permitted by law.
DatabaseBank’s has no control over the accuracy of such information on its pages, and material on the DatabaseBank.co.in website may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the Website content including but not limited to Website content based decisions resulting in loss of data, revenue, profits, property etc.
The user acknowledges that DatabaseBank’s has no control over the content of compiled information made available over the DatabaseBank’s Service and as such DatabaseBank’s accepts no liability for the currency, usefulness or any inaccuracy of the DatabaseBank’s Service and any other information made available as part of that service.
The user acknowledges that it must use its own skill and judgment when using the DatabaseBank’s Services and that it uses the DatabaseBank’s Service at its own risk. Any use to which the user puts information obtained from or through the DatabaseBank’s Services (including, without limitation, all information, company profiles, name and or other information obtained from the DatabaseBank’s Services) shall be the discreet responsibility of the user.
The user hereby indemnifies DatabaseBank’s against any loss, damage or liability whatsoever which may arise directly or indirectly from the use of the DatabaseBank’s Data or the DatabaseBank’s Services by the user including, without limitation, in respect of all information, company profiles, name and or other information and other information provided as part of the DatabaseBank’s Services, any action or claim by any supplier to which requests for information are submitted or any regulatory fines.
The user acknowledges that the DatabaseBank’s Services may not contain or identify relevant information that is not relevant to the user. The user shall use its own skill and judgment to evaluate the results of the DatabaseBank’s Services and it shall not hold DatabaseBank’s responsible for any internal or external costs (including, without limitation, all external consultancy and internal management costs) incurred as a result of utilizing and responding to incorrect/irrelevant information or acting on any other information obtained from the DatabaseBank’s Services. Furthermore, the user shall not hold DatabaseBank’s liable for lost business opportunities or any other potential losses resulting from relevant information failing to be identified by the DatabaseBank’s Services.
The user further acknowledges that DatabaseBank’s has no control over the content of emails sent using the DatabaseBank’s data, their attachments or any responses thereto and as such DatabaseBank’s accepts no liability for any of the same. The user additionally acknowledges that DatabaseBank’s and the DatabaseBank’s are solely facilitating and providing information contents and that DatabaseBank’s will have no contractual involvement in any transaction between the user and any of supplier companies. Accordingly, the terms and conditions of any supply and any dispute between the user and any supplier are solely the user’s responsibility.
Due to the nature of interactive services and the internet generally, DatabaseBank’s gives no warranty or commitment that use of the DatabaseBank’s Services will be free from interruptions or errors and DatabaseBank’s shall have no responsibility or liability in respect of or arising out of any communications or network defects, delays or failures (whether temporary or otherwise) while using the DatabaseBank’s Services.
The user clicking on certain links within this site might take the user to other sites and DatabaseBank’s shall have no responsibility or liability of any kind for the accuracy or content of any information or any other aspect of any such sites.
The DatabaseBank’s shall not be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. In no event shall DatabaseBank’s be liable for any direct, indirect, incidental, special, exemplary, or consequential damages however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, whether based upon breach of contract, tortious behavior, negligence, or under any other cause of action.
The DatabaseBank’s shall under no circumstances be liable to the user in respect of any claim by the user for indirect or consequential loss or damage (including loss of profits data, contracts, revenue or goodwill), whether or not caused through negligence, relating to the DatabaseBank’s Data or any other information provided or received as part of the DatabaseBank’s Services (including, without limitation, any results of compiled information), or its use by the User. DatabaseBank’s shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
That in any case the liability of DatabaseBank’s shall in no event exceed the actual price paid for the chargeable services (as defined in user contract) and in the case of free user DatabaseBank’s shall not be held liable for any improper information and shall assumes no responsibility for anyone’s use of the information.
7. WARRANTY DISCLAIMER.
Please remember that DatabaseBank’s does not examine whether the compiled data of the company is good or does have reputation or about its quality of goods and or service. You must satisfy yourselves about all relevant aspects prior to availing of the terms of service. DatabaseBank’s has also not negotiated or discussed any terms of engagement with any of the companies listed in our website. Accordingly availing of services corresponding to compiled data of the companies shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the DatabaseBank’s.com website.
8. Logins.
The logins allowed are the numbers of login for which one is registered. We are no way responsible if the no’s of logins get reduced by it being used by any other person, windows get closed by mistake, net connectivity gets disrupted or any other unforeseen things which may happen at the client’s end.
9. Member Registration Obligations.
In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process (“Registration Data”); and b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if ISHIKA DIGITECH has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, ISHIKA DIGITECH may terminate your Account and refuse current or future use of any or all of the Services.
10. Personal Information and Privacy.
DatabaseBank’s maintains information about Applicant on secure servers, including but not limited to your’s registration information. Your election to use the Service indicates your acceptance of the terms of the ISHIKA DIGITECH Privacy Policy you agrees that DatabaseBank’s may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that DatabaseBank’s may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this agreement; or (c) to protect the rights or interests of Directory.ac or others; provided, however, that nothing in this section shall impose a duty on DatabaseBank’s to make any such disclosures. DatabaseBank’s may contact you regarding DatabaseBank’s business listing program using the your’s email address provided during the registration process (or as updated by DatabaseBank’s. Such email messages may contain opportunities regarding special offers and new products from DatabaseBank’s advertisers.
Personal information you provide to ISHIKA DIGITECH through the Service is governed by PRIVACY POLICY. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your Account and you agree to inform us immediately of any unauthorized use of your Account by email. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
11. Member Registration.
In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process (“Registration Data”); and b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if ISHIKA DIGITECH has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, ISHIKA DIGITECH may terminate your Account and refuse current or future use of any or all of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
12. Passwords.
To access these services, you will be asked to enter your individual User Name and Password. Therefore, we do not permit any of the following:-Any other person sharing your User Name and Password
You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. Fundoodata cannot and will not be liable for any loss or damage arising from your failure to do so.
By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each
13. Suspension and Termination.
The DatabaseBank.co.in may cancel or terminate your right to use the Service or any part of the Service at any time without notice We may suspend your Account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Termination of Account will include denial of access to all Services, deletion of your Account information such as your e-mail ID and Password and deletion of all data in your Account.
In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
14. Contact Information.
The. DatabaseBank.co.in represents that the Information has been collected in accordance with applicable local, state, federal or international laws, rules or regulations related to the collection of Contact Information. DatabaseBank.co.in does not guarantee that the Information meets the requirements of any applicable local, state, federal or international law, rule or regulation related to the usage of “Contact Information” (e.g. names, phone and facsimile numbers, wireless devices, e-mail addresses and physical addresses), including, but not limited to, wireless suppression lists, wireless domain lists, commercial e-mail laws, telemarketing laws and “Do-Not-Call” lists.
DatabaseBank.co.in shall not be liable for any damages, losses, costs, claims or expenses with respect to any Data Privacy legal or compliance violation arising out of or related to Customer’s or any related parties’ use of Information licensed under this Order.
Customer will use the Contact Information only in compliance with all applicable local, state, federal and international laws, rules, regulations and requirements, including, but not limited to, those laws and regulations regarding telemarketing, customer solicitation (including fax advertising, wireless advertising and e-mail solicitation), data protection and privacy.
15. Cancellations.
All the logins are non-cancellable/non-refundable after activation.
16. Notices.
All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice.
17. Indemnification.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
18. Miscellaneous.
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India.
You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.
You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.
Any waiver of any provision of the Terms will be effective only if in writing and signed by you and DatabaseBank’s reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information DatabaseBank’s reserves the right to seek all remedies available at law and in equity for violations of these Terms.
19. General.
This Agreement contains the final and entire agreement between us and supersedes other verbal or written negotiations, understandings or agreements. The Courts at Kolkata, India India alone shall have the sole and exclusive jurisdiction in case of any dispute.
20. Confidentiality.
The user will treat as confidential and keep secret all information contained in or concerning the data profiles of the companies and the method developed by DatabaseBank’s to compile and organise the DatabaseBank’s. The user will not disclose such information to any third party, except to the extent that it is required to do so by law, or to the extent that the information is public knowledge. This section will remain in full force and effect after termination of this Agreement
21. Force Majeure.
DatabaseBank’s is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control. Your payment obligations shall continue during any event of force majeure.
22. Arbitration.
Any disputes and differences whatsoever arising in connection with this agreement shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Kolkata, West Bengal India.
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