Terms of Use
PLEASE READ THE FOLLOWNG TERMS AND CONDITIONS WHILE ACCESSING THE SITE . YOU HEREAFTER AGREE TO BOUND BY THE RULES MENTIONWD HERE
Welcome to Addrey Consultancy, Office located at 5thfloor, WeWork, 307, Chicholi Bunder Road, Malad, Ranjan Pada, Mindspace, Malad West, Mumbai Maharashtra 400064, This document is stated Terms of Use of our Website, with unique resource locator www.adreyconsultancy.com or www.adrey.in. The following demonstrates terms and conditions of use (here-in-after referred to as an “Agreement”), applicable to your access and use of the Site or Platform www.adreyconsultancy.com and its mobile application platforms (each a “Platform”),
Addrey Consultancy is an entity which provides Cyberspace consulting and drafting services to its User/Clients. It is an agreement between you as the User(s) of the Site or Platform as a visitor or registered – free or paid User(s) (referred to as “You”, “Your” or “User” hereinafter) and Addrey Consultancy entity (referred to as “We”, “Our” “Us” or “Addrey” hereinafter)
This document is legally binding and enforceable in court of law. The acceptance of terms stated in this document shall be deemed accepted simply by use of the Site or the Platform or purchase of any service on the Site or the Platform. These terms are applicable for access or use of our website or URL www.adreyconsultancy.com or www.adrey.in from any of the devices including but not limited to Mobile Phones, Desktops, Laptops or Tablets. This document is an electronic record in terms of the Information Technology Act, 2000 (the “IT Act”) and the rules made there under as applicable and amended, pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any Physical or Digital signature.
1. Agreement Between Us and User
1. Application and Application of Terms
1.1 While accessing the Site or Platform and use of the Service, Software (Collectively, the “Services”) are governed by Security, Privacy and relevant Intellectual Property Rights Policies (collectively called “Terms”) We advise you to read the agreement carefully as it would be binding to you as a User.
1.2. You hereby agree that Addrey Consultancy can add and or amend this agreement as it may deem fit at anytime without prior intimation to the User/s. Only Addrey Consultancy has right to make changes in this terms and condition mentioned herein.
1.3 The Terms may not otherwise be modified except in writing by an authorized officer of Addrey Consultancy.
1.4 User agrees to accept the Terms and Condition of specific services with Addrey Consultancy. In case of any conflict or inconsistency between Specific Terms and Condition. The provisions mentioned in this document will prevail over terms only in relation to the Service concerned.
1.5 Your use of the services provided by us through the Website or the Platform will be subject to the Rules, Guidelines, Policies, Terms, and Conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, in our sole discretion, to Change, Modify, Add or Remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
1.6 Addrey Consultancy grants you a Personal, Non-exclusive, Non-transferable, limited privilege to enter and use the Site or the Platform. By merely Accessing, Browsing or otherwise using the Site or the Platform, you agree to all the Terms of Use. By Implied or express acceptance of these Terms of Use, you agree to accept and be bound by Addrey Consultancy’s Privacy Policy which can be found here on www.adreyconsultancy.com/privacypolicy.
2. The Use of site
2.1 You accept that you are legally an adult and binding to the contract for the jurisdiction of India and not from where you accessed our services.
2.2 Usage of Content
2.2.1 Any Information, Image , Graphics, Text, Designs, Files, Directories, Icons, Gif, Video clips , Written component, Data base and Listings etc available on Site or Platform (Collectively, the Contents) are intended for personal and non-commercial use. Download, Compile or otherwise use the Site or the Platform of said content by User for the purposes of operating a business that competes with Addrey Consultancy, or otherwise commercially exploiting the Site or Platform Content or systematic retrieval of the Site or Platform Content from the Site or the Platform to create or Compile, Directly or Indirectly, a Collection, Compilation, Database or Directory (whether through Robots, Spiders, Automatic devices or Manual Processes) or use of any content or materials on the sites for any purpose not expressly permitted in the Terms is prohibited. All the software used in Site or the Platform is solely owned by Addrey Consultancy hence you shall not Copy, Reproduce, Download, Re-publish, Sell, Distribute or Resell of any the Services or any part of the service or software,
2.2.2 User must not use Site or Platform for fraudulent purposes, or in connection with a Criminal offense or other Unlawful activity; and to send to us, use or reuse any material that does not belong to the User; or is illegal, offensive (including but not limited to material that is Sexually explicit content or which promotes Racism, Bigotry, Hatred or Physical harm), Deceptive, Misleading, Abusive, Indecent, Harassing, Blasphemous, Defamatory, Libellous, Obscene, Pornographic, Paedophilic or Menacing; Ethnically objectionable, Disparaging or in breach of Copyright, Trademark, Confidentiality, Privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes Money laundering or Gambling; or is Harmful to minors in any way; or impersonates another person; or Threatens the Unity, Integrity, Security or Sovereignty of India or friendly relations with foreign States; or is objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains Software viruses, Political campaigning, Commercial solicitation, Chain letters, Mass mailings or any “Spam”.
2.2.3 Selling, distribution or reselling of any services provided by Addrey Consultancy without its prior approval should be avoided.
2.3 Restrictions while usage of Site or Platform:
Any User who:
2.3.1 Tries to gain unauthorized access or exceeds the scope of authorized access to the Site or the Platform or to Profiles, Blogs, Communities, Account Information, Bulletins, or other areas of the Site or Platform or solicits Passwords or Personal identifying information for commercial or unlawful purposes from other users,
2.3.2 Engages in commercial activities and/or sales without our prior written consent such as Contests, Sweepstakes, Barter, Advertising and Pyramid schemes, or the Buying or Selling of “virtual” products related to the Site or the Platform. Throughout this Terms of Use, our prior written consent means a communication coming from our Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization,
2.3.3 Solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal,
2.3.4 Interferes with another User’s use and enjoyment of the Site or Platform or any other individual User’s enjoyment of similar service,
2.3.5 Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Site or the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use,
2.3.6 Harm minors in any way,
2.3.7 Infringes any Patent, Trademark, Copyright or other Proprietary rights or Third party’s Trade secrets or Rights of publicity or Privacy or shall not be fraudulent,
2.3.8 Violates any law for the time being in force,
2.3.9 Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature,
2.3.10 Impersonates another person,
2.3.11 Uses software viruses or any other Computer Code, Files or Programs designed to Interrupt, Destroy or Limit the functionality of any computer resource; or contains any Trojan horses, Worms, Time bombs, Cancel-bots, Easter eggs or other computer programming routines that may Damage, Detrimentally interfere with, Diminish value of, Surreptitiously intercept or Expropriate any System, Data or Personal information,
2.3.12 Threatens the Unity, Integrity, Defence, Security or Sovereignty of India, 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,
2.4 User shall not create liability for Addrey Consultancy or cause Addrey Consultancy to lose (in whole or in part) the services of our Internet Service Provider (“ISPs”) or other suppliers,
2.5 User shall not use any “Deep-link”, “Page-scrape”, “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 Site or the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any Materials, Documents or Information through any means not purposely made available through the Site or the Platform. Addrey Consultancy serves its right to bar any such activity,
2.6 User shall not attempt to gain unauthorized access to any portion or feature of the Site or the Platform, or any other systems or networks connected to the Site or the Platform or to any Server, Computer, Network, or to any of the Services offered on or through the Platform, by Hacking, Password “Mining” or any other illegitimate means,
2.7 Unless expressly permitted, User shall not Probe, Scan or Test the vulnerability of the Site or the Platform or any network connected to the Platform nor breach the security or authentication measures on the Site or the Platform or any network connected to the Platform. User may not Reverse look-up, Trace or Seek to trace any information on any other User of or Visitor to the Site or the Platform, or any other user, including any account on the Site or the Platform not owned by User, to its source, or exploit the Site or the Platform or any service or information made available or offered by or through the Site or the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by Site or the Platform,
2.8 You must read Addrey Consultancy’s Privacy Policy available on www.adreyconsultancy.com/privacypolicy, which governs the protection and use of personal information about Users of this Site or the Platform and our affiliates. Your use of the Site or the Platform deems acceptance of these terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
2.9 Addrey Consultancy reserves the right to limit, terminate and deny the right to use or access the Site or the Platform and Service(s) of any User for any reason whatsoever, including, but not limited to, Infringing any third party’s intellectual property right, Breaching this Agreement, and Incurring any liability to Addrey Consultancy. Each User hereby also agrees that in no event shall Addrey Consultancy be liable to any User or any third party for any User’s inability to use or access the Site or the Platform and or Services.
2.10 Addrey Consultancy has sole discretion to limit, terminate and deny the right to use or access the site or platform for any reason whatsoever without affecting third party rights and or breach of this agreement or incurring any liability to Addrey Consultancy. User hereby also agrees that in no event shall Addrey Consultancy be liable for any of User’s inability to use or access the Site or Platform.
2.11 Addrey Consultancy may Launch , Change , Upgrade, Add and or Delete the conditions without prior notice.
4. Intellectual Property Rights
4.1 We offer information for the User’s knowledge purposes only. All informational content on the Site or the Platform is our intellectual property. This includes Copyrights, Trademarks, Service marks, Trade names and all such other intellectual property rights (IP) contained on the Website. All IP on the Website or the Platform is owned by us or where so specifically mentioned, by such other persons whose Copyright, Trademarks, Service marks or other intellectual property we are hosting on the Website or the Platform.
4.2 Addrey Consultancy and its suppliers and or licensors expressly reserve all Intellectual property rights in all Text, Programs, Products, Processes, Technology, Content and other materials which appear on the Site or Platform. Access to the Site and or Platform will not amount to any consideration as conferring upon anyone any license under any of Addrey Consultancy’s or any third party’s Intellectual property rights. User acknowledge that Names, logos related services, Design Marks and Slogans are the trademarks of Addrey Consultancy. All other marks are the property of their respective companies. No trademark, Service Mark or Logo license is granted in connection with the materials contained on this Site or the Platform. Access to this Site or the Platform does not authorize anyone to use any Name, Logo or Mark in any manner. The unauthorized use of these names, Logos or Marks is strictly prohibited.
4.3 Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing Patents, Trademarks, Trade names, Trade dresses, House marks, Collective marks, Associate marks and the right to register them, designs both Industrial and layout, Geographical Indicators, Moral rights, Broadcasting rights, Displaying rights, Distribution rights, Selling rights, Abridged rights, Translating rights, Reproducing rights, Performing rights, Communicating rights, Adapting rights, Circulating rights, Protected rights, Joint rights, Reciprocating rights, Infringement rights. All those Intellectual Property Rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Addrey as the owner of such domain name. You agree and confirm that no part of any Intellectual Property Rights mentioned hereinabove is transferred in your name and any Intellectual Property Rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.
4.4 References on this Site or the Platform to any Names, Marks or services of third parties or hypertext links to third party Site or information are provided solely as a convenience to you and do not in any way constitute or imply Addrey Consultancy’s Endorsement, Sponsorship or Recommendation of the third party, information, product or service. Addrey Consultancy is not responsible for the content of any third party site and does not make any representations regarding the content or accuracy of material on any such site. If you decide to link to any such third party web sites, you do so entirely at your own risk.
4.5 The User agrees not to Copy, Reproduce, Duplicate, Modify, Create derivative works from, Display, Publish, Distribute, Disseminate, Broadcast, Transmit, Sell, Circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/ or part of or all of the IP to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Addrey Consultancy.
4.6 Except where agreed by us expressly in writing, no element of the our services or IP (as set-out throughout these Terms of Use) may be used or exploited by the User in any way other than for knowledge purposes.
5. Transactions between User and Addrey Consultancy
5.1 Addrey Consultancy and User will not form a relation of agency irrespective of transaction processed on the Site or the Platform.
5.2 User indemnify and keep indemnified Addrey Consutlancy and its Agent, Affiliates, Director, Officers and Employees from all Claims, Demands, Actions, Proceedings, Costs, Expenses and Damages (including, but not limited to, any actual, special, incidental or consequential damages) from any Third Party arising out of or in connection with any transactional dispute about the services, or information on the Site.
6. Limitation of Liability
6.1 This Site or the Platform is provided by Addrey Consultancy on to the maximum extent permitted by law on an “As is”, “As available” and “With all facts” structure hence there is no warranty whatsoever in any form, Express or Implied. Addrey Consutlancy further disclaims any and all Warranties, Express or Implied, including, but not limited to, any Warranties of Condition, Performance, Accuracy, Reliability, Non-infringement, Merchantability or Fitness for a specific purpose and You understand, by your use or access of the Site and the Platform, that your use or access of the Site or the Platform is at your own risk. This disclaimer does not apply to any Service provided by us. This disclaimer constitutes an essential part of this Agreement.
6.2 Addrey Consultancy or any of its Affiliates, Employees, Directors, Officers, Agents, Vendors or Suppliers be shall not liable irrespective of circumstances and by no means of Legal or Equitable theory, whether in Tort, Contract, Strict Liability or otherwise. Addrey Consultancy shall not be liable to any other person for any Indirect, Special, Incidental or Consequential Losses or Damages of any nature arising out of poor connection and or inability to use the Site or the Platform, including, Without Limitation, Damages for Lost Profits, Loss of Goodwill, Loss of Data, Work stoppage, Accuracy of Results, or Computer Failure or Malfunction, In spite of Addrey Consultancy or any of its representative being aware about the possibility of said damage.
6.3 Addrey Consultancy will not be liable for damages stemming from below mentioned irrespective of the nature of damage which can be categorised as Special, Direct, Indirect, Punitive, Incidental or Consequential Damages, or related to Contract, Negligence, Tort or otherwise:
6.3.1 Disputes with regards to Services, and or Information purchased or Obtained from a Third-party via the Site and or Platform, including, but not limited to, disputes about Quality, Safety, Warranty, Lawfulness or Availability of such Services and or Information,
6.3.2 Violation with regards to Third Party Rights on the Site and or the Platform,
6.3.3 Unauthorized access to data or private information of any User on the Site and or the Platform, or
6.3.4 Reviews, Comments, Statement or Conducts by any User of the Site or the Platform.
6.4 If Addrey Consultancy, and its Employees, Agents, Affiliates, Representatives or Anyone acting on its behalf is found to be liable, notwithstanding any of provisions mentioned in this Agreement. Addrey Consultancy’s liability will not exceed the total profit earned by Addrey Consultancy from the User during the three months period preceding the date on which the claim arose.
6.5 Addrey Consultancy shall not be liable for damages categorise as Special, Direct, Indirect, Punitive, Incidental or Consequential Damages or any damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption or loss of information), whether in Contract, Negligence, Tort, Equity or otherwise or any other damages resulting from any of the following:
6.5.1 The inability while using the Site, Platform and or Services,
6.5.2 Defect in Data, Information or Services purchased or obtained from any other User of the Site or the Platform or any other third party through the Site and or Platform,
6.5.3 Usage of data by unauthorized third parties,
6.5.4 Any matters relating to Services, however arising, including through negligence.
6.6 Addrey Consultancy is contracting entity and we may enter into a contract with third party as some or part of the Services may be supported and provided by affiliates or third parties, for all such Services your contracting entity will be such affiliate or third party, as the case may be.
7. Breaches
7.1 If any User breaches any Terms, or if Addrey Consultancy has reasonable grounds to believe that a User is in breach of any Terms, Addrey Consultancy shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
7.1.1 Suspending or Terminating the User’s access by Addrey Consultancy in its sole discretion,
7.1.2 Restricting, Downgrading, Suspending or Terminating the subscription of, Access to, or Current or Future use of any Service,
7.1.3 Any other corrective actions, discipline or penalties as Addrey Consultancy may deem necessary or appropriate in its sole discretion.
7.2 Addrey Consultancy reserves the right to cooperate fully with Governmental authorities, Private investigators and or Injured third parties in the investigation of any suspected Criminal or Civil wrongdoing. Further, Addrey Consutlancy may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
8. Indemnification
8.1 You agree to indemnify and keep indemnified Addrey Consultancy and its Affiliate, Directors, Officers and employees harmless from and against any and all Losses, Claims, Liabilities, Damages, Costs and Expenses, including attorneys’ fees, arising from following:
8.1.1. Your use of the Site and or the Platform, and
8.1.2.Your breach of any representations and or warranties made by you to Addrey Consultancy.
9. Force Majeure
Under no circumstances shall Addrey Consultancy be held liable for any delay or failure or disruption of the Content or Services delivered through the Site or the Platform resulting directly or indirectly from acts of Nature, Forces or Causes beyond our reasonable control, including, without Limitation, Internet failures, Computer, Telecommunications or Any other equipment failures, Electrical power failures, Strikes, Labour disputes, Riots, Insurrections, Civil disturbances, Shortages of labour or Materials, Fires, Floods, Pandemic, Storms, Explosions, Acts of God, War, Terrorism, Governmental actions, Orders of domestic or foreign courts or tribunals or non-performance by third parties.
10. Termination
These Terms of Use are effective unless and until terminated by either you or Addrey Consultancy. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site or the Platform. Addrey Consultancy also may terminate this Agreement at any time and may do so immediately without notice, and according obtained from this Site or Platform, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Addrey Consultancy’s right to any Contents, and the provisions of Sections 2.6, 3, 4, 5, 9, 11 and 12, shall survive any termination of this Agreement.
11. Notice
11.1 Except as explicitly stated otherwise, all notice or demand to or upon Addrey Consultancy shall be in writing and delivered to Addrey Consultancy by mail to the following address: 5th floor, WeWork, 307, Chincholi Bunder Road, Malad, Ranjan Pada, Mindspace, Malad West, Mumbai Maharashtra 400064, Attn: Legal Department – Addrey Consultancy, Notice shall be deemed effective only when received by Addrey Consultancy in the above-mentioned manner.
11.2 All notices or demands to or upon a User shall be effective if delivered personally, by e-mail provided during the usage of the Site or the Platform (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site or Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
11.2.1 Addrey Consultancy is able to demonstrate that communication, whether in Physical or Electronic form, has been sent to such User, or
11.2.2 Immediately upon Addrey Consultancy posting such notice on an area of the Site or the Platform that is publicly accessible without charge.
11.3 You agree that all agreements, Notices, Demands, Disclosures and other Communications that Addrey Consultancy sends to you Electronically satisfy the legal requirement that such communication should be in writing.
12. General
12.1 Addrey Consultancy reserves the right to update or modify these Terms of Use at any time without giving any prior notice. The most current version of the Terms of Use will govern use of the Site or the Platform and will always be at (Insert the link) www.adreyconsultancy.com/termsofuse. If we make a change to that, in Addrey Consultancy’s sole discretion, will notify you via e-mail or post it as a link on the Site or the Platform that is publicly accessible without charge. You are bound by any change constitutes your unconditional agreement to follow the Terms Added, Amended or Rectified therein.
12.2 This Agreement represents the complete agreement between the parties with respect to your use of the Site and or the Platform and Services. All prior Written or Oral agreements and representations between the Users and Addrey Consultancy related to the same subject matter will nullify.
12.3 Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
12.4 You agree not to undertake any action which may undermine the integrity of our feedback system.
12.5 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted and or modified to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
12.6 Addrey Consultancy and you are Independent contractors, and no Agency, Partnership, Joint venture, Employer-Employee or Franchiser-Franchisee relationship is intended or created by these Terms.
12.7 Addrey Consultancy’s failure to enforce any right or failure to act with respect to any breach by you of the Terms will not constitute a waiver of that right nor a waiver of Addrey Consultancy’s right to act with respect to subsequent or similar breaches.
12.8 Addrey Consultancy may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.
12.9 Any action or proceeding arising out of or related to this Agreement or your use of this Site and or the Platform must be submitted to Courts of Mumbai for arbitration which shall be conducted in accordance with the arbitration rules in effect at the time of the application for arbitration. The arbitral award shall be final and binding upon both parties.
12.10 This Agreement shall be governed by and construed under the laws Information Technology Act 2000 and its amendments thereof with regard to conflict of law provisions.
Contact
We remain available to you with respect to any queries/suggestions you may have regarding Our Website or the Platform and these Terms of Use. Please report any violations of these Terms of Use to contact@adrey.in
When you register to receive Addrey Consultancy’s Newsletters/Updates, you consent to receive communication via electronic records from Addrey Consultancy. As and when required or If you wish to stop receiving newsletters/Updates/ from Addrey Consultancy, please follow the procedure mentioned in the updates/emails.