Please carefully read this Terms of Service agreement (the “Agreement”). Your use of the Site constitutes your agreement to be bound by it. This Agreement is between you (“you”) and us (“the Company,” “we,” “us”). It concerns your use of the website owned and controlled by us, including any successor site(s), and all Site Services and Site Content, the “Site.”
By visiting, using, or submitting information to Zivanta Analytics Pvt. Ltd., you agree to be bound by the terms and conditions of this agreement regarding the Terms of Use.
This Agreement includes an agreement to arbitrate all claims and disclaimers of warranties and liability.
You represent that you can be bound by this Agreement. If you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
To determine your compliance with this Agreement, Zivanta Analytics Pvt. Ltd. may monitor your access and use of www.zivanta-analytics.com by Zivanta Analytics Pvt. Ltd. Privacy Policy.
Your submission of information through the Site is governed by the Privacy Policy of the Site (the “Privacy Policy”), which is incorporated into our Agreement by reference. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly.
If any information you provide is false, inaccurate, obsolete, or incomplete, we may terminate your use of the Site.
To use the Website, you must be at least 18 years old. By agreeing to these Terms, you receive the limited, conditional right from Zivanta Analytics Pvt. Ltd. to use the website. This includes the right to view, bookmark, download, and print for your personal, noncommercial use and information on the website pages that interest you. This right is subject to these Terms and any guidelines posted on the Website.
To access the website, you can select a password or username and set up account security questions or other login credentials with Zivanta Analytics Pvt. Ltd. (collectively, the “Access Credentials”). You are solely responsible for all transactions and transmissions made using your Access Credentials. You must maintain and promptly update your Access Credentials. Zivanta Analytics Pvt. Ltd. is not liable for damages or losses related to the accuracy or disclosure of your Access Credentials.
You must keep your Access Credentials confidential and not share them with others. If you believe someone has used your Access Credentials without authorization, please contact Zivanta Analytics Pvt. Ltd. immediately. Your right to access and use the website is personal and cannot be transferred to anyone else.
You can only access and use the website for lawful purposes and according to these Terms. Do not use the website to obtain financial products or services from a third party. You can only use the website to seek financial products and services for your personal, family, or household use or that of your organization.
Your access to the website may be interrupted for any reason, such as equipment malfunction, periodic updating, maintenance, repair of the website, or other actions that Zivanta Analytics Pvt. Ltd. may choose to take. Zivanta Analytics Pvt. Ltd. reserves the right to suspend or discontinue the availability of the website or any part of it at any time without prior notice.
Any act or omission by you that violates these Terms, restricts, inhibits, or prevents access, use, or enjoyment of the website by anyone, or defames, abuses, harasses, offends, or threatens anyone through the use of the website, is not allowed. It may result in the loss of your right to access and use the website, at Zivanta Analytics Pvt. Ltd.’s discretion, along with any other remedies Zivanta Analytics Pvt. Ltd. may have.
Zivanta Analytics Pvt. Ltd. may disclose the identity of anyone violating these Terms to law enforcement authorities or under any court order.
While accessing and using the Site, you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct outlined in this section; your failure to comply with such rules may result in termination of your access to the Site. You agree that you will not:
We grant public search engines permission to use spiders to copy materials from the Site for creating publicly available searchable indices of such materials, but not caches or archives. We reserve the right to revoke these exceptions at any time.
You are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all related charges.
You may be required to register with us to access certain services or areas of the Site. Concerning any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site and agree not to transfer your password or user name, or lend, or otherwise transfer your use of or access to the Site, to any third party.
You are fully responsible for all interaction with the Site that occurs in connection with your password or user name.
Also, you agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account or the Site and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
For purposes of clarity, you retain ownership of any information, content, and/or materials that you submit through the Site (each, a “Submission”).
Please note, however, that we need certain rights to your Submissions to be able to make them available on the Site.
Accordingly, you hereby grant to the Company Entities a worldwide, non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, publicly perform and otherwise exploit such Submission, in any media now known or hereafter developed.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules, and regulations.
Further, to the extent permitted under applicable law, you irrevocably waive any “moral rights” or other rights concerning attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Site.
In addition, the Company Entities have no control over and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any other part of the Site.
If you choose to make any of your personally identifiable or other information publically available in a submission, you do so at your own risk.
Although Zivanta Analytics Pvt. Ltd. does not regularly review your transmissions, submissions, or postings, Zivanta Analytics Pvt. Ltd. reserves the right (but not the obligation) to edit, refuse to post, or remove your transmissions, submissions, or postings. According to Zivanta Analytics Pvt. Ltd.’s Privacy Policy, Zivanta Analytics Pvt. Ltd. may review transmissions, submissions, or postings made by you to determine, in its sole discretion, your compliance with this Agreement.
We may make products and services available for purchase through the Site, and we may use third-party suppliers and service providers to enable e-commerce functionality on our Site.
If you wish to purchase any product or service made available by us through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any transaction. By submitting such information, you grant to the Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.
Verification of information may be required before the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on this Site are subject to change at any time without notice.
Company reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service.
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges.
In addition, you remain responsible for any taxes that may apply to your Transactions.
By using the Website, you acknowledge and accept the risks, including the risk of harm from people acting under pretenses. You assume all risks associated with dealing with other users you contact through the Website and other parties that use the website or your Customer Information for unauthorized or illegal purposes.
To the extent permitted by applicable law, you agree that all information, services, software, and content available through the website, and the website itself, are provided for general informational purposes only, on an “as is” and “as available” basis without any implied or expressed warranty of any kind (including without limitation, the implied warranties of merchantability, fitness for a particular purpose, suitability, security, correctness, and non-infringement).
The Zivanta Analytics Pvt. Ltd. parties make no representation or warranty regarding, are not responsible for, and disclaim all liability for the continued availability, reliability, accuracy, results, or performance of the website or any material on the website. The performance of the internet, the downloading compatibility of any materials or software with your computer system. Its existence of any virus, worm, malicious code, or other disabling device from any source, the unauthorized access to or use of your information by a party other than Zivanta Analytics Pvt. Ltd. Any technical failures (including hardware or software failures), incomplete, scrambled, or delayed computer transmissions, and/or technical inaccuracies, or loss or use of data, as well as unauthorized access of user transmissions by third parties.
No one is authorized to make any representation or warranty on Zivanta Analytics Pvt. Ltd.’s behalf, and you cannot rely on any other statement of warranty. You assume responsibility for the accuracy, completeness, appropriateness, and legality of any information you supply to Zivanta Analytics Pvt. Ltd.
You agree that the Zivanta Analytics Pvt. Ltd. Parties are not liable for any consequential, special, indirect, exemplary, or punitive damages. In no event shall the Zivanta Analytics Pvt. Ltd. Parties’ total liability to you for any damages, losses, fees, and expenses (including attorneys’ fees), whether in contract, tort, trespass, or otherwise exceed $100. In some states, some of these waivers and limitations may not apply to you. You agree to promptly notify Zivanta Analytics Pvt. Ltd. in writing if you believe you have any claim against the Zivanta Analytics Pvt. Ltd. Parties, and, in any event, you agree that any claim not brought within one year of your discovery shall be deemed waived and released.
Upon request by Zivanta Analytics Pvt. Ltd., you shall defend, indemnify, and hold harmless the Zivanta Analytics Pvt. Ltd. Parties from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to:
(i) your breach or violation of these Terms;
(ii) your failure to provide accurate, complete, and current information requested or required by Zivanta Analytics Pvt. Ltd. or any participating financial institution;
(iii) your violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights);
(iv) your violation of any applicable law, rule, or regulation; (v) your negligence, recklessness, or misconduct; or
(vi) access or use of the website under your Access Credentials.
If a dispute arises between you and any of the Zivanta Analytics Pvt. Ltd. Parties, it is the goal of Zivanta Analytics Pvt. Ltd. to work in good faith with you to quickly and amicably resolve the dispute.
Either Zivanta Analytics Pvt. Ltd. or you may, at such party’s sole election, require that the sole and exclusive forum and remedy for any past, present, or future disputes and claims relating in any way to or arising out of this agreement, your access to and use of the website, and any financial products or services you may request or receive (each, a “dispute”), including claims by or against
(i) you and any person claiming through you and
(ii) a Zivanta Analytics Pvt. Ltd. Party or any person claiming through such persons, be final and binding arbitration, except that, to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our patent, copyright, trademark or trade secret rights, we may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”).
The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined by such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes).
If such costs are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation over what is deemed reasonable.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under this agreement shall be joined to any other arbitration or claim, including any arbitration or claim involving any current or former member of Zivanta Analytics Pvt. Ltd. or any former or current participating financial institution, and no class arbitration proceedings shall be permitted.
This arbitration agreement is made under a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”).
The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations outlined in the paragraph above prohibiting the consolidation of claims.
AAA Rules, which you may obtain from that organization, shall govern the arbitration unless they conflict with this arbitration agreement, in which case this arbitration agreement will be controlled.
The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, nor to state or local laws that relate to arbitration proceedings.
(i) suspension, termination, revocation, closure, or changes of this Agreement and your relationship with Zivanta Analytics Pvt. Ltd.;
(ii) the bankruptcy or insolvency of any party or other person; and
(iii) any transfer of any loan or promissory note(s) which you hold or owe, or any amounts owed on such loans or notes, to any other person or entity.
If any portion of this arbitration agreement is deemed invalid or unenforceable, the remaining portions of this arbitration agreement shall nevertheless remain valid and in force, except that in no event shall any such invalidation be deemed to authorize an arbitrator to determine claims or make awards beyond the scope of authority as limited in this arbitration agreement.
Zivanta Analytics Pvt. Ltd. shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence), or otherwise, for any damages. It also includes but is not limited to, special, incidental, indirect, or consequential damages that include, but are not limited to, damages for any loss of profit, revenue, or business, as a direct or indirect result of:
(i) your breach or violation of the terms and conditions of this Agreement;
(ii) your access and use of Zivanta Analytics Pvt. Ltd.;
(iii) your delay in accessing or inability to access or use Zivanta Analytics Pvt. Ltd. for any reason; (iv) your downloading of any of the Content or the Collective Work for your use;
(v) your reliance upon or use of the Content or the Collective Work, or
(vi) any information, software, products, or services obtained through Zivanta Analytics Pvt. Ltd., or otherwise arising out of the use of Zivanta Analytics Pvt. Ltd., whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if Zivanta Analytics Pvt. Ltd. and/or its suppliers had been advised of the possibility of damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
You acknowledge that Zivanta Analytics Pvt. Ltd. may suffer irreparable harm if these Terms are not specifically enforced, and that damages at law would be an inadequate remedy.
Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, Zivanta Analytics Pvt. Ltd. shall be entitled, in addition to any other rights and remedies, to seek an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post a bond. Zivanta Analytics Pvt. Ltd. may also seek a decree for specific performance of the provisions of these Terms.
Certain areas of the website may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
If any portion of these Terms is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void, or unenforceable. Only that portion of these Terms that is unlawful, void, or unenforceable shall be stricken from these Terms.
No failure to exercise and no delay in exercising, by Zivanta Analytics Pvt. Ltd., any right, power, or privilege hereunder shall operate as a waiver thereof, except as expressly provided herein. Any waiver by Zivanta Analytics Pvt. Ltd. of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Zivanta Analytics Pvt. Ltd.
The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.
The parties’ rights and obligations under the following sections shall survive any termination of these Terms: restrictions on use of Zivanta Analytics Pvt. Ltd. Content and the website; disclaimers and limitations of liability; indemnification; dispute resolution; additional Zivanta Analytics Pvt. Ltd. remedies; and miscellaneous.
For purposes of these Terms, you and Zivanta Analytics Pvt. Ltd. become independent contractors. Neither of the two is considered an agent or employee of the other. No joint venture, partnership, or similar relationship is created between you and Zivanta Analytics Pvt. Ltd. by these Terms. Zivanta Analytics Pvt. Ltd. is not an agent of either yours or any participating financial institution.
These Terms represent the entire understanding and agreement between you and Zivanta Analytics Pvt. Ltd. regarding the subject matter hereof and supersede all previous or contemporaneous agreements, understandings, and/or representations regarding the same.
Customer Service: If you have questions, comments, concerns, or feedback regarding these Terms or the Website, please contact us at Zivanta Analytics Pvt. Ltd.