1. LICENSE TERMS & CONDITIONS
The license terms & conditions stated herein grant non-exclusive rights to AUTHORIZED USERS for using the product(s) or service(s) (“REPORT”) offered by Index Markets Researc
h in any form, & is applicable to all orders (an “ORDER”) processed by Index Markets Research. The agreement is related to your use of the products & services offered by Index Markets Research. By placing the order, an individual (“you”), on his/her own or on behalf of an “organization,” agrees to the License Terms. The License Terms shall be binding upon the user upon acceptance of the delivery Index Markets Research’s research products (includes research reports, survey data, company profiles, custom research services, & any other product created & owned by Index Markets Research) or consulting assignments by Index Markets Research & any of its authorized distributors. The License Terms supersedes & replaces any other agreement accepted by you with respect to a prior version of the product or service.
1 You are NOT being permitted to:
a. transmit or permit by any means to any third party (i.e. non-personnel) to use and/or gain access to the report;
b. resell, sub-license, rent, lease, transfer or attempt to assign the rights in the report (in whole or in part) to any party NOT authorized by Index Markets Research;
c. modify, alter, create database, broadcast, communicate, transfer, pledge, rent, reproduce, transmit, display, copy, distribute, commercially exploit, use, or store the content from the report other than for internal business purposes; expressly permitted above;
d. use the report in any comportment that would breach the terms & conditions contained in these License Terms or that violate the applicable laws in the United Sates, India, or in any other jurisdiction.
All fees should be paid as per the terms of payment mentioned in the applicable order (Fees). Index Markets Research has the discretion to cancel access to the product in case the full payment has not been received by Index Markets Research within the stipulated time.
All fees that you shall pay to Index Markets Research are exclusive of all goods & services, sales, use or other taxes, customs, duties & similar levies. All the aforementioned payment payable in or to any jurisdiction or authority whatsoever shall be your sole responsibility. This payment will exclude taxes levied on the income of Index Markets Research.
3. Overdue Amounts
Overdue amounts shall bear interest calculated from the date when due until the date that payment is received by Index Markets Research. You shall pay the interest at a rate of two percent (2%) per month compounded monthly (which is equivalent to 26.86% per annum) but shall not exceed the maximum amount permitted by law.
4. Collection Expenses
User is required to reimburse Index Markets Research for the entire collection related expenses incurred by Index Markets Research which shall include all attorney’s & service fees arising out of collections of overdue fees & Taxes.
No refunds will be considered in case of:
a. non-use or partial use of any Product(s) or Service(s);
b. refunds payment for months unused with an Annual Subscription;
c. upgrade or downgrade refunds;
6.Compliance & Change of Scope
7.Index Markets Research shall exercise the right to ensure the users’ compliance with the aforementioned License Terms, using any method available to & preferred by Index Markets Research. In case any non-compliance on your part is detected in relation to any Product(s) or Service(s) purchased, Index Markets Research may, in its sole discretion, without causing any effect to any other rights of Index Markets Research under these License Terms may initiate the following:
a. modify the scope of or upgrade the relevant license to bring it into compliance with the actual usage of the Product(s) or Service(s);
b. invoice you with such additional fees that have arisen due to change of the scope of the license. Further, Index Markets Research has the right to initiate any other step that deeps necessary to rectify such non-compliance;
3. DISCOUNTS & OFFERS
All reports bought under discounts & offers are entitled to post-sale analyst hours support from Index Markets Research’s research team, in order to help them expand their report proceeds. However, the number of analyst hours support depends on discretion of Index Markets Research.
In addition, in case of any customization or modification request, Index Markets Research is willing to assist its clients in getting it resolved from our in-house research team. However, the payment cannot be reimbursed in any situation, in order to avoid data breach. Please check our return policy for further clarifications.
“Intellectual Property Rights” are the sole property of Index Markets Research which includes but is not limited to the following propriety rights: All copyrights, utility models, patents, service marks, trade-marks, database rights, design rights (whether registered or unregistered), proprietary information rights. You should acknowledge that you shall not obtain any Intellectual Property Rights relation to Product(s) or Service(s) or its (their) usage except for the license granted by Index Markets Research to use the Product(s) or Service(s) as mentioned henceforth.
In relation to third party claims you are liable to indemnify Index Markets Research as a result any transgression of any Intellectual Property Rights mentioned under the License terms. You acknowledge that Index Markets Research (or its licensors) have the right to initiate any proceedings caused due to any such infringement, or any sort of claim relating thereto. Also, you shall to comply with any such proceedings acknowledging that any recovery in pursuant to such proceedings shall accrue solely for the benefit of Index Markets Research.
5. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
All Product(s) or Service(s) are provided on an “as is”, “as available” basis. Index Markets Research adds express disclaimer to all the warranties including that of merchantability & fitness for a particular purpose. Index Markets Research, its affiliates, & any officer, director, employee, subcontractor, agent, successor, or assign of Index Markets Research or its affiliates makes no warranty that the service or content in relation to product:
a. will comply to any specific requirement;
b. will be uninterrupted, timely, secure, error-free or virus-free;
c. will contain accurate, reliable or complete results;
The users are solely responsible for the selection, suitability & the use of the Product(s) or Service(s) & acknowledge that, as stated above, Index Markets Research does not provide any additional warranties or guarantees relating to the Product(s) or Service(s).
Index Markets Research, its affiliates, & any officer, director, employee, subcontractor, agent, successor, or assign of Index Markets Research or its affiliates is not responsible for any direct, indirect, incidental, special, consequential or exemplary damages. The aforementioned damages may include but is not limited to intangible losses (even when implied in advance) other such damages for loss of profits, goodwill or data.
The above losses may arise in relation to:
a. the use or the inability to use any Product(s) or Service(s);
b. the cost of procurement of a substitute goods & services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into by the user concerned with the usage of Product(s) or Service(s);
c. any unauthorized access to or alteration of any Product(s) or Service(s);
d. any price change, of any Product(s) or Service(s) or any other matter relating to any Product(s) or Service(s);
The usage of the Product(s) or Service(s) must be in compliance with the terms laid down under the License term (“Confidential Information”). In relation to the usage of the Product(s) or Service(s) you are prohibited to copy, alter, adapt, publicize, disclose, or in any way part with possession of any information of Index Markets Research which you possess as a result of these License Terms.
This compliance shall exclude information which:
a. You can prove was owned by you at the same date it was received or obtained;
b. You have obtained from a third party having a sound legal standing;
Any notice, invoice or other document sent from one party to the other shall be duly given if sent to an authorized representative of the other party or individual by following modes of delivery:
This compliance shall exclude information which:
a. registered mail or courier delivery to the recipient party’s principal place of business;
c. email (with return receipt requested);
8. TERM & TERMINATION
The aforementioned license terms shall be deemed to be effective as of the date of acceptance of Index Markets Research of an Order from You (the “Effective Date”) & shall remain in force until the user terminates the association in accordance with the terms of License agreement. Notwithstanding any term contained in this Section 8, Index Markets Research may, in its sole discretion, terminate any license granted to you hereunder without notice in the event of non-compliance by you with these License Terms, including, but not limited to the non-payment of any amounts due & payable to Index Markets Research.
2. Annual Subscriptions
Annual Subscription which users makes shall commence on the Effective Date applicable to it & will be effective for a twelve (12) months duration (the “Initial Term”). Thereafter, each Annual Subscription shall renew for successive twelve (12) month periods (each, a “Renewal Term”). Either party may cancel the relevant Annual Subscription with prior three (3) months’ notice communicated in writing to the other party.
The entire agreement entered in by the parties relating to the licensing of the Product(s) or Service(s) consist of these License Terms, along with any terms & conditions set forth in an Order. This makes null & void all previous agreements & understandings, whether oral or written, relating to such licensing. In the event of any dispute between these terms & conditions & any other Order, these License Terms shall prevail as final document. Any modifications, amendments or supplements to these License Terms shall be only effective unless each party signs it. Approvals or consents hereunder by any party have to be in writing.
You cannot assign or transfer your rights or obligations under these License Terms to another party without the prior written consent of Index Markets Research.
User shall not ask for any waiver or modification of any term or condition mentioned under the License Terms in case of failure of Index Markets Research at any time to enforce any of the other aforementioned terms.
In case, any provision of these License Terms, or an Order, is held to be invalid or unenforceable by any court of law or administrative body of competent jurisdiction, the invalidity or unenforceability of such provision shall not in any way affect the other provisions of these License Terms, & all provisions not so affected by such invalidity or unenforceability shall remain in effect. Further, all the parties present in the agreement should be ready to substitute for any invalid or unenforceable provision with a valid or enforceable provision to the maximum extent the economic objectives of the unenforceable provision is expected to be achieved.
Sections 2 through 6 & 8 shall survive the expiration of termination of these License Terms.
6.Governing Law & Jurisdiction
These License Terms shall be governed by the laws of the Republic of India with regard to any principles of conflicts of law. Any disputes arising in connection with these License Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the appropriate courts of the Republic of India.
You should acknowledge that non-compliance of these License Terms may cause Index Markets Research irreparable damage for which recovery of money damages may be inadequate. In that case, you shall agree that Index Markets Research shall be entitled, in addition to any other appropriate remedies available to it, to seek (in any court of competent jurisdiction) injunctive relief and/or other equitable relief to prevent or restrain any breach by you or otherwise to protect its rights, without being required to post a bond or other security.
WHAT KIND OF INFORMATION DOES INDEX MARKETS RESEARCH COLLECT FROM ME AND WHAT DOES INDEX MARKETS RESEARCH DO WITH IT?
1.Index Markets Research collects information you enter to create an account with us and use the services or purchase the content, such as a valid mailing address, email address and password (“Registration Data”). We may use Registration Data to identify you as an authorized user, provide and improve the services, customize your user experience, secure your account and prevent fraud. We also may use your email address to communicate with you about the services. For example, we may, with your permission, message you to let you know about new releases, patches and other updates to the services.
WE DO NOT SHARE REGISTRATION DATA WITH ANY THIRD PARTY, except for disclosures to third parties as set forth below (e.g. disclosures to third party services companies who help us host, operate, maintain and develop the services and the Content, to an acquirer of our assets, and if compelled by law, subpoena, or other legal process or if necessary to enforce the Terms). The exceptions are:
a. We may employ third party companies and individuals to facilitate the Software (e.g. hosting, maintenance, analysis, audit, marketing and development) or provide portions of the services. These third parties have limited access to your Personal Information (defined below) and use it only to perform tasks on our behalf and are obligated to us not to disclose or use it for other purposes, but if they provide a portion of the services they may have access to the Content;
Please do not include any sensitive financial information, such as any person’s social security number, passport number, bank account or credit card numbers or passwords in your communications using the services or as part of your Registration Data or the Content. We do not require such information and disclaim all liability for the dissemination of such information.
2. “Automatically Collected Information” is information about your use of the services and the Content. Similar to other services, we record Automatically Collected Information based on your account activity and use of the services and the Content. For example, when you use the services or the Content we automatically collect information on the type of device you use and the device identifier (or “UDID”). We do this to analyze trends, administer the services and the Content, troubleshoot any user problems, and to enhance and update the services and the Content. We may use third parties to help us analyze the Automatically Collected Information we obtain from you and to help us serve advertisements through the services. We may also use the Automatically Collected Information for our business purposes, such as to report aggregate, non-Personal Information about the use of the services.
We may collect the following types of Automatically Collected Information, which we may share with third parties to help us operate the Software and services, such as investors, other users business partners:
• Aggregated Data. We collect user information and content to compile aggregate data as you use the services and Content to analyze our overall user demographics and usage patterns.
• Server Logs. We collect information from our server logs. These logs may include information such as your Internet Protocol address, browser details, the date and time of your request and certain information about your usage of the services and Content.
• Links. We may track whether links to external websites are followed, and whether advertisements provided to you are clicked.
• Location Tracking. We may collect the physical location of your mobile device and use it to provide you with personalized location-based services or content. In some instances, you may be permitted to allow or deny such use of your device’s location, but if you choose to deny such use, we may not be able to provide you with the applicable personalized services or content.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. The services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the services and after you leave the services.
DO YOU SHARE MY INFORMATION WITH THIRD PARTIES?
WILL YOU TRANSFER MY INFORMATION TO A THIRD PARTY?
HOW DOES INDEX MARKETS RESEARCH MAINTAIN SECURITY?
Index Markets Research is strongly committed to protecting your information. Index Markets Research uses several industry standard methods of securing user information and data. We also maintain protective limits on whom at Index Markets Research and its subcontractors can access the information databases that contain your information. Because there is no such thing as perfect security and because of the data risks inherent with Internet and cellular networks, we cannot guarantee 100% security. However, in the unlikely case of a security breach on our databases, we will take prompt steps to address the problem. Also, please know that the Internet and cellular networks are not secure environments, so be careful and select strong passwords.
HOW DO I CONTACT INDEX MARKETS RESEARCH?
The client will make the payment to Index Markets Research LLC (“Index Markets Research” “we,” “us,” & “our”) as mentioned on the website. He/she is responsible for use, sales, and related taxes & customs.
Once made, the purchase decision cannot be undone. The client should get in touch with the company, in case of any doubt related to the transaction before deciding and clicking on the purchase button on the website.
The company does not accept return of products after delivery owing to the nature and format of the data. However, under certain circumstances, the management can offer refunds solely at its discretion.
Considering the confidentiality and value of the data it provides in reports, therefore, cannot grant refunds after the report has been dispatched. However, it will provide customization of the report, if it contains missing or incomplete data.