Terms of Use
This website is operated by Canary (a proprietorship firm of Mr Rishi Saraf) on his behalf and on behalf of his group companies. We request you to read the following disclaimers & terms and conditions before using this website.
Acceptance of Terms
By using this website you accept and agree without qualification or limitation to the following terms and conditions of use and our Privacy Policy, if you disagree you must not access or use the website.
The terms of use can be found at www.canaryindia.net/TOU and the Privacy Policy can be found at www.canaryindia.net/Privacy. This site is for your personal use only. Your access to and use of this website including any services and content offered on or through this website is governed by the following terms & conditions.
Accuracy and Reliability of information
We do not warrant that the information on this website is complete, accurate or reliable and assume no responsibility or liability for any errors or omissions in the content of this website and disclaim all responsibility and liability arising from any reliance on the information. All information on this website is solely for general information purposes only. Content provided by third parties may also be included in the website. Such content, statements and opinions shall be the responsibility of the party making them and may not necessarily reflect our opinion.
Changes and modifications to the Terms of Use and of the website
We reserve the right to update the Terms of Use, Privacy Policy and the content of the website from time to time without notice or intimation to you. The content may not be up to date or complete at any given time.
Contributions by users
The website may provide or contain links to discussion forums, news groups, chat areas, communities, personal web pages, bulletin boards, and other interactive service & features that allow you to post materials or content on or through the website.
Contribution by you to the website must be non-proprietary and non-confidential. You are solely responsible for any contributions you post on the website. You grant us and our service providers and respective licencees, assigns and successors an unrestricted, royalty free, non-exclusive, perpetual, worldwide, full transferable, sub-licensable and assignable right to use, modify, display, distribute, reproduce and disclose to third parties any such material.
Your contributions must comply with all applicable regulations and laws and by way of example, and not as a limitation, you agree that when using the website you will not:
(i) post any content or material which is obscene, indecent, defamatory, offensive, abusive, violent, hateful, harassing, inflammatory or objectionable;
(ii) Upload files that contain worms, viruses, cancelbots Trojan horses, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
(iii) promote any activity which is illegal;
(iv) misrepresent your affiliation or identity;
(v) Create a false identity for the purpose of misleading others;
(vi) Violate any guidelines or code of conduct which may be applicable;
(vii) give impression that they are endorsed or posted by us or any other person or identity;
(viii) promote pornographic or sexually explicit material, or discrimination or violence;
(ix) Collect or harvest information about others, including e-mail addresses;
(x) involve commercial activities, advertising or sales promotion;
(xi) Download, use or otherwise copy, or provide to an entity or person any user or usage information or any portion thereof or any directory of users of the website;
(xii) Abuse, harass, defame, stalk, threaten or otherwise violate the legal rights of others (such as rights of publicity & privacy);
(xiii) Inhibit or restrict any other user from enjoying and using the Communication Services;
(xiv) Delete or Falsify any copyright management information, such as author attributions, proprietary designations, legal or other proper notices or labels of the origin or source of software or other material contained in a file that is uploaded;
(xv) Violate any applicable regulations or laws;
(xvi) Use the webiste in connection with contests, pyramid schemes, surveys, chain letters, spamming, junk email or any duplicative or unsolicited messages;
(xvii) Make available or upload, files that contain photographs, images, software or other material protected by intellectual property laws, including but not limited to trademark of copyright laws unless owned by you or you control the rights thereto or have received consent to do the same;
(xviii) Use any information or material, including photographs or images, which are made available through the webste in any manner that infringes any trade secret, trademark, patent, copyright or other proprietary right of any party
(xix) Offer to sell or buy or advertise for any goods or services for any business purpose, unless such the website specifically allows such messages;
(xx) Download any file posted by another user of the website that you reasonably should know, cannot be legally displayed, performed, reproduced and/or distributed in such manner.
When giving out any personally identifiable information about yourself or your children in the website always use caution. We do not control or endorse the messages, content or information found in the website and, therefore, we specifically disclaim any liability with regard to the website and any actions resulting from your participation in the website. Any managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect those of us.
Copyright Notice
Unless otherwise noted, the text, buttons and graphic images contained in this website are the exclusive property of Mr Rishi Saraf and his group companies. Other than for personal use these items may not be displayed, distributed, reproduced, transmitted or copied in any form or by any means whether mechanical, electronic, photocopying, recording or otherwise without prior written permission of Mr Rishi Saraf.
Downloading of website content
You will not without our written permission use any material on the website in any manner. Content from this website may be downloaded for personal non-commercial use only, provided copyright, trademark or other proprietary notices remain visible and unchanged. No interest, title or right is transferred to you on the downloaded material as a result of such copying or downloading.
Documents on this Website
Use of documents from the website is for informational and non-commercial or personal use only and will not be broadcast in any media or posted or copied on any network computer and no modifications of any documents must be made. Use for any other purpose is expressly disallowed and may result in severe civil and criminal penalties and violators will be prosecuted to the maximum extent possible.
Our website must not be copied or imitated whether in whole or in part. No logo, sound, image or graphic from our website may be copied or retransmitted unless expressly permitted by us.
Disclaimer
WE DISCLAIM ALL WARRANTIES OF ALL KINDS, STATUTORY OR OTHERWISE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS WEBSITE, INCLUDING ITS CONTENT AND ANY SERVICES THROUGH THIS WEBSITE ARE PROVIDED ON AS-IS BASIS WITHOUT ANY WARRANTIES OF WHATSOEVER NATURE, WHETHER EXPRESS OR IMPLIED.
WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THIS WEBSITE, ANY SERVICES OR CONTENT OR ANYTHING OBTAINED THROUGH THE WEBSITE:
(I) WILL BE RELIABLE, ACCURATE, FREE FROM ERRORS;
(II) WILL BE WITHOUT INTERRUPTIONS;
(III) WILL HAVE THEIR DEFECTS REMOVED;
(II) ARE FREE OF VIRUSES OR OTHER HARMFUL PROGRAMS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
WE DISCLAIM ALL RESPONSIBILITY FOR ANY INJURY, CLAIM, LOSS, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO :
(I) USE OF ANY SOFTWARE OR EQUIPMENT BY YOU IN CONNECTION WITH THIS WEBSITE
(II) OMISSIONS OR ERRORS IN THE CONTENT AND THE WEBSITE, INCLUDING BUT NOT LIMITED TO TYPOGRAPHICAL ERRORS AND INACCURACIES OF TECHNICAL NATURE
(III) THIRD PARTY WEBSITES OR CONTENT ON THIRD PARTY WEBSITES ACCESSED DIRECTLY OR INDIRECTLY THROUGH LINKS PROVIDED IN THIS WEBSITE INCLUDING OMISSIONS THEREFROM OR ERRORS THEREIN
(IV) THE UNAVAILABILITY OF ANY PORTION OF THE WEBSITE OR THE ENTIRE WEBSITE.
Entire Agreement
Our Privacy Policy and Terms of Use constitue the entire and sole agreement between you and Canary with respect to this website and supersede all prior warranties, representations, understanding and agreements, both oral and written.
Forward looking statements
This website may contain estimates and projections or statements that constitute forward looking statements as defined under various laws. Such forward looking statements, wherever used, are based on available information about future trends and events, and are subject to uncertainties and risks and the actual performance and results may be substantially and significantly different from our projections or expectations. We undertake no responsibility or obligation to revise or update any such forward looking statements.
Indemnification
You agree to indemnify, defend and hold Canary, Mr Rishi Saraf, his group companies and his affiliates and their respective employees, officers, directors, contractors, licensors, agents, successors and assigns harmless from and against any liabilities, damages, claims, judgements, losses, costs, awards, expenses or fees (including legal costs and attorney fees) arising out of or in connection with your use of the website or violation of these Terms of Use or your use of any information obtained from the website.
Jurisdiction
Canary maintains this website from its office in Nagpur in Maharashtra State in India. The Terms of Use are interpreted and governed under the laws of Maharashtra State, India.
By using this site you consent to the jurisdiction of the courts located in Nagpur for any action, legal suit, or proceeding arising from or related to these Terms of Use or the website.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any claim or cause of action you may have with respect to the website must be commenced within one (1) month after the claim or cause of action arises.
Links
Our website could contain links to other websites and to content and resources provided by third party sites. We do not have control over such sites or their resources or their content and do not make any representation regarding the accuracy, reliability or correctness of such content or material on such sites.
We are in no way responsible for them or for any damage or loss that may arise due to your use of them. Use or viewing of such third party sites is entirely at your own risk.
The links are provided for your convenience only and inclusion of any link does not imply endorsement by us of the site.
Limited on Liability
In no event will Canary, Mr Rishi Saraf or his group companies or any persons associated with them be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the website and any website linked to it, any content on the website or other linked websites or any services obtained through the website or other linked websites, including any indirect, direct, incidental, special, consequential or punitive damages, including loss of profits, loss of revenue, loss of use, loss of data, loss of goodwill or loss of business or anticipated savings.
Limitation on use
Unless otherwise specified, the website and services offered by it are for your personal and non-commercial use. You must not distribute, transfer, create derivative works from, reproduce, copy, transmit, modify, display, perform, publish, license or sell any information, products or services obtained from the website.
Materials Provided to Website
You warrant and represent, by posting a submission, that you control or own all of the rights to your submission, including but not limited to, all the rights necessary for you to post, upload, provide, input or submit the submissions.
We do not claim ownership of the materials you provide to our website including suggestions and feedback or post, upload or input. However, by posting, uploading, inputting, providing or submitting your submission you are granting us, and necessary sublicensees an our affiliated companies permission to use your submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: distribute, transmit, copy, publicly perform, reproduce, publicly display, edit, reformat and translate your submission, the right to sublicense such rights to any supplier of the Services and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission. We are under no obligation to post or use any submission you may provide and we may remove any submission at any time at our own discretion.
By Posting a submission that contain pictures, photographs, graphics or images, you represent and warrant that :
(i) you are the copyright owner of such material, or that the copyright owner of such material has granted you permission to use such Images or any content;
(ii) that each person depicted in such Images, has provided consent to the use of the Images as set forth in these Terms of Use, including but not limited to, the reproduction, distribution, and public display of such Images;
(iii) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use.
You are granting by posting images, to all members and to the general public, permission to use your images in connection with the use, as permitted by these Terms of Use of this website, including but not limited to a non-exclusive, royalty-free, world-wide license to publicly display, publicly perform, distribute, edit, translate, copy, transmit, reproduce and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the website, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
Member Account
If our website or any of the services requires you to open an account, you are completely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. We will not be liable for any loss that you may incur due to someone else using your password or account, however, you could be held liable for any losses incurred by us or another party due to someone else using your account or password.
Monitoring
We reserve the right to :
(i) suspend or terminate your access to the website for any reason;
(ii) disclose your identity or information about you to anybody who claims that their rights, including intellectual property or right to privacy has been violated by material posted by you;
(iii) refer to law enforcement or take suitable legal action for any unauthorized or illegal use of the website;
(iv) take any action with respect to your contribution that we deem appropriate or necessary, including also if we believe that it infringes any intellectual property or other right of any person, or violates Terms of Use, or could create any liabilitity for us;
(v) disclose any information as we deem necessary to satisfy any governmental request, applicable regulation, law or legal process, or to remove, edit, refuse to post any materials or information, in whole or in part, at our sole discretion.
Privacy Policy & Your information
You consent, by using this website, to allow use of your personal data and your information by us in compliance with our Privacy Policy. We will not notify or inform you of any modifications, changes or updates to our Privacy Policy.
Review of material
The material posted on our website could be from sources like you, other users, our contributors or third parties. We have no obligation to monitor the website, however, we reserve the right to review materials posted to the website and to remove any materials at our sole discretion. We do not undertake to review material before it is posted on the website.
If any objectionable material is posted, we cannot ensure prompt removal, unless it is brought to our notice and we are satisfied regarding the merits of the objection.
Severability
Incase any provision of these Terms of Use is held by a court or tribunal of competent jurisdiction to be unenforceable, illegal or invalid for any reason, such provision shall be deemed severable or limited to the minimum extent possible such that the remaining provisions of the Terms of Use will continue to be in full force and effect.
Trademarks
This website features brand entities, logos and other trademarks and service marks (collectively called the “Marks”) that are the property of or are licenced to Mr Rishi Saraf and his group companies. You must not use the Marks without the prior written permission of Mr Rishi Saraf or his group companies or such third party that may own a Mark displayed on this website.
Nothing contained on this website should be construed as granting by implication, estoppel or otherwise any license or right to use any Mark displayed on this website.
Unsolicited Ideas
We or any of our employees do not consider or accept any unsolicited ideas, including ideas for new products or technologies, marketing plans, new product names, new advertising campaigns, new promotions, processes or materials. No samples, demos, original creative artwork, or other works should be sent.
The purpose of this terms of use is to avoid potential disputes or misunderstandings when our products or marketing strategies might seem similar to ideas submitted to us. If, despite our request you still send them, we make no assurances that your ideas and materials will be treated as proprietary or confidential.
Waiver
Any failure of Canary to act against any breach of these Terms of Use or to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision and shall not limit Canary’s rights with respect to such breach or subsequent breaches.
No waiver by Canary of any condition or term in these Terms of Use shall be deemed a continuing or further waiver of such condition or term or a waiver of any other condition or term.