Terms of Use
As a User of this Platform (hereinafter referred to as “you” or “User”), it is pertinent that you are aware of the Policies of using this Platform. The Policies will govern your consent and usage of the Platform, so it is advised that you read everything carefully before using the Platform. If you deem any of the Policies detrimental to your interests, you may choose not to use the Platform further.
These Policies govern your usage irrespective of the medium the Platform is being accessed from. Everything on the Platform, including any information available and accessible is governed by these Policies.
DEFINITIONS
Aerra Axis LLP (hereinafter referred to as “Aerra” or the “Company”), is a limited liability partnership incorporated under the provisions of the Limited Liability Partnership Act, 2008, having its registered office at Shop 4, BMS Car Bazar, Sector 38, Chandigarh Road, Near Main Market, Ludhiana- 141010, India, and such expression shall, unless repugnant to the subject or context thereof, include its partners, assigns, representatives, successors and transferees.
“Platform” refers to the online platform owned and operated by parent entity Aerra Axis LLP for its brand “Aerra”, accessible at www.aerraconsulting.com.
“Policies” include the Privacy Policy, Terms of Use, and any other policies published by Aerra on the Platform.
“Terms of Use” refers to the terms and conditions that every User who visits or uses the Platform is deemed to have given consent to be bound by.
“User” shall mean any natural and legal person above the age of 18 years, or in case under 18 years, is accompanied and/or supervised by a legal guardian with the capacity to agree to these Policies, and/or has agreed to provide data and necessary personal information while registering any enquiry on the Platform.
“User Content” shall mean any and all information made available to Aerra by Users for any specified or unspecified purpose.
TERMS OF USE
By accessing, browsing or using the Platform, you are unconditionally acknowledging in your full capacity to be bound by these Policies, whether you have read the same or not, although it is advisable that you read them carefully.
The Policies may be altered, amended or changed from time to time at the sole discretion of Aerra without any prior notice.
Any and all changes to the Policies shall be effective immediately from the date of publishing on the Platform, and your continued access, browsing and use would be deemed to be acknowledgment and consent to be bound by such modified Policies.
USAGE
By accessing or using the Platform, it is deemed that you are either an adult competent to contract under applicable law, or a minor acting under the supervision of a parent or legal guardian. You shall be responsible for all activities and conduct that take place on your behalf on the Platform.
At the time of registering an enquiry on the Platform, you agree to provide information that is true, accurate, current, and complete, and in case of any changes to the same, you further agree to promptly notify Aerra by emailing its designated support email address specified on the Platform, so that your details may be updated on the backend systems.
All information provided by you shall be maintained in accordance with the Policies. In the event any information is found to be false, dubious, or infringing upon rights of a third party, or against the Policies, Aerra reserves the right to block, restrict, or terminate any communication or access without prior notice at its sole discretion.
Where you are authorized by another User to access, browse or use the Platform, it shall be deemed that both you and such User acknowledge and agree that your activities and conduct on the Platform would bind such User to the Policies in the same manner as if such User were directly accessing, browsing or using the Platform.
Submission of an enquiry, access to the Platform, or communication with Aerra through the Platform does not create a consultant-client, advisor-client, or any fiduciary relationship between the User and Aerra, unless expressly agreed to in writing through a separate engagement agreement.
PLATFORM ACCESS
Aerra is constantly working to ensure that the User’s experience of using the Platform is seamless and uninterrupted and that all transmissions are error-free. However, due to the nature of the internet, it cannot be guaranteed.
Access to the Platform may occasionally be restricted or suspended to allow for maintenance, repairs, upgrades or introduction of new features or services at any time without prior notice to enhance the User’s experience.
Aerra will attempt to limit the frequency and duration of any such suspension or restriction.
COMMUNICATIONS
The nature of communication between the User and Aerra will be primarily electronic, and therefore, the User is required to provide a valid and correct phone number and e-mail address while registering an enquiry with Aerra.
Aerra may communicate with the User by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication.
Aerra would not be liable for any losses incurred by the User as a direct consequence of providing an incorrect phone number and/or e-mail address.
LIMITED LICENSE FOR ACCESS
Subject to compliance with the Policies, Aerra may grant its Users a limited, non-exclusive, non-transferable license to access the Platform, but not to download (other than cookies and page caching) or modify any part, except with written consent of Aerra and/or its affiliates, as may be applicable.
This license does not include the use of any listings, descriptions, any derivative use of this Platform or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.
This Platform, or any portion thereof, including but not limited to any copyrighted material, trademarks, or other proprietary information, may not be reproduced, copied, duplicated, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without written consent of Aerra and/or its affiliates, as may be applicable.
Any and all unauthorized use of the Platform would warrant immediate termination of the permission or license granted by Aerra to access, visit or use the Platform and to block and prevent future access to the Platform.
THIRD PARTY LINKS
Any third party links on the Platform are merely for ease of usage for the Users, and should not be construed to be an advertisement, endorsement, recommendation or sponsorship by Aerra, its affiliates or partners of the referenced content, product, service or supplier.
Aerra shall not be responsible for the content, products, services and actions of any third party sites and/or platforms, including their terms and conditions and policies, and does not make any representations regarding the content or accuracy, examination and/or evaluation of material or content on such sites and/or platforms.
The User shall solely be responsible for any risks associated with such third party sites should they choose to click on the link or visit them, and are therefore advised to carefully review the terms and conditions and policies of such third party sites that they visit.
LIMITATION OF LIABILITY
Aerra will not be responsible for any business losses, including but not limited to loss of profits, revenue, anticipated savings, wasted expenditure, contracts, data, or goodwill, or any other indirect or consequential loss that could not reasonably be foreseen to both you and Aerra when you agreed to and commenced usage of the Platform.
USER CONDUCT AND CONTENT
The User is responsible for the User Content provided to Aerra, and Aerra shall not be held responsible or liable in any manner whatsoever, in connection with the User Content.
The User shall ensure that the User Content is within the ambit of laws of the Republic of India, and as such undertake not to share any information that is:
Unlawful, illegal, and in contravention to the existing laws of the Republic of India and international treaties;
Abusive, deceiving, derogatory, defamatory, obscene, paedophilic, pornographic, sexually explicit or implicit, infringing any intellectual property and proprietary rights, or relating to identity theft;
Harmful or hurtful for minors;
Containing malware, virus, security threat; and/or
A risk to harmony, integrity, peace, public order, security, unity or sovereignty of the Republic of India, or international relations between India and other foreign states.
Aerra shall in no way be held responsible for examining or evaluating User Content, nor do we assume responsibility or liability for User Content.
Aerra reserves the right to suspend or permanently terminate communication with such User without prior notice that is in grave contravention of the Policies laid by Aerra.
INTELLECTUAL PROPERTY CLAIMS
The “Aerra” and “Aerra Axis LLP” names and logos and all related product and services names, design marks and slogans are trademarks, logos or service marks (“Indicators”) of Aerra.
The content published on the Platform, including but not limited to text, graphics, button icons, images, audio clips, data compilations, collection, arrangement and assembly, and software, and the compilation and thereof (collectively, the “Content”) is the property of Aerra, and/or our affiliates, partners or licensors, and is protected by relevant Indian intellectual property laws and international treaties.
Access to the Platform does not authorize the User to put to utility, replicate, republish, redo, copy, modify, retrieve, alter, or otherwise misuse, in whole or in part, for any purpose the content available on the Platform without express written consent of Aerra and/or its affiliates, as applicable.
All Indicators and Content displayed on the Platform are property of Aerra, and Aerra shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the same.
Any references on the Platform to past work, or case studies are provided solely for illustrative and descriptive purposes. Such references do not imply endorsement, affiliation, authorization, or an ongoing professional relationship with any individual, authority, or institution.
Certain content on the Platform may be based on publicly available information, professional analysis, or industry experience. The use of this content is intended for descriptive and informational purposes only.
TERMINATION
The Policies are effective until and unless terminated either by the User or Aerra.
You may terminate these Policies at any time by discontinuing all access to and use of the Platform and, where applicable, notifying Aerra of such discontinuation. Upon intimation, the personal data of the User shall be governed in line with the Privacy Policy of Aerra..
Aerra reserves the right to suspend or terminate the User’s access to the Platform, in whole or in part, at any time and without prior notice, at its sole discretion. Such termination shall not give rise to any liability on the part of Aerra.
Termination of Policies does not absolve the User from any liability that may have arisen under the Policies during their use of the Platform.
ENTIRE AGREEMENT
If any part of the Policies are determined to be invalid, or unenforceable pursuant to applicable laws, including but not limited to the liability limitations set forth above, then only that part or provision that is deemed invalid or unenforceable shall be deemed to be superseded by a valid and enforceable provision that matches the intent of the original provision and the overall Policies most closely, and the remainder of the Policies shall continue to be in effect.
Unless otherwise specified, the Policies shall constitute the entire agreement between the User and Aerra, with respect to the services available on the Platform, and shall supersede all prior or subsequent communications and proposals, whether electronic, oral or written.
INDEMNITY AND RELEASE
The User is deemed to agree to defend, indemnify and hold harmless Aerra, its partners, employees, officers, agents, and their successors and assigns, its affiliates, partners, or licensors, from and against any and all claims, liabilities, demands, damages, losses, costs and expenses, or actions including attorney fee, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Aerra or any third party, or penalty imposed due to or arising out of your actions or inactions including but not limited to breach of any representations, undertakings or warranties, or in relation to non-fulfilment of any of your obligations under the Policies, or arising out of the violation of any applicable and existing laws, regulations, including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy, loss of service by other Users, and infringement of intellectual property or other rights.
This clause for indemnity shall survive the expiry or termination of the Policies.
DISPUTE AND JURISDICTION
Policies are governed by and construed in accordance with the existing laws of the Republic of India.
The User is deemed to acknowledge and submit to the exclusive jurisdiction of the courts at New Delhi.
Any dispute or difference either in interpretation or otherwise, of the Policies shall be referred to an independent Arbitrator, who may be appointed mutually or at the behest of the High Court of Delhi, and their decision shall be final and binding on the parties thereto.
The seat and venue of such Arbitration shall be Delhi, and be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.
Failure by Aerra to enforce any right or provision under the Policies shall not constitute a waiver of such right or provision unless expressly acknowledged in writing.
DISCLAIMER
By accessing, browsing or using this Portal, the User is deemed to acknowledge and undertake that the services are being taken, entered and made at their own risk and effected after their fair and wise judgment without any coercion or influence from Aerra.
