Terms of Use

The following terms (’’Terms of Use’’) govern the access, viewing, or use by you (’’user’’ or ’’you’’ or ’’your’’) of www.gain-insights.com (’’Website’’) which is owned and operated by GainInsights Solutions Private Limited, an Indian company having its principal place of business at ’Esquire Centre', No. 9, 2nd Floor, MG Road, Bangalore, Karnataka - 560001 (’’Company’’).

You acknowledge that this Terms of Use will be read in line with the privacy policy available at the Website (’’Privacy Policy’’) and any other agreement that you have entered into with the Company in relation to the use and access of the Website.

By accepting the terms herein, or by accessing, viewing or using the Website, you agree to be bound by the Terms of Use and they constitute your binding legal obligations towards the Company.

The Terms of Use may be modified (including suspension, cancellation, discontinuance of the Website) at any time by the Company by posting the changes on the Website, and you agree that it shall be your responsibility to ascertain the changes to the Terms of Use by visiting the Website. Any modified terms shall be applicable to your use of the Website without need for any further consent.

If you do not agree to the Terms of Use, you should not access, view or use the Website.

1. WEBSITE ACCESS AND USER REGISTRATION

(a) General:

i. You agree and understand that the Website and the contents are intended for people who are of the age of 18 years or above, and otherwise competent to contract. You hereby represent that you are 18 years of age or above and competent to contract.

ii. You represent that you have all rights required to provide the information that you provide, including the user Information (as defined in the Privacy Policy) and represent that it is true and accurate.

iii. All user Information will be used and processed in accordance with the Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.

(b) You will be solely responsible for your acts on the Website.

(c) You understand and agree that the Company may, in its sole discretion, deny you access to the Website without notice, and you waive any right to claim access to the Website or any other claim that you may have. Any data of your usage may be retained or deleted at Company’s sole discretion, subject to applicable law.

2. PERMITTED USES

You agree that you will use the Website and any information available on it, in accordance with the Terms of Use, the Privacy Policy, any other agreement that you have entered into with the Company and in accordance with the applicable laws.

3. PROHIBITED USE

In relation to the use and access of the Website its content and features, you agree and undertake not to:

(a) re-sell the usage of the Website;

(b) upload, transmit or publish any information on behalf of a third party;

(c) upload, transmit or publish any information or material which is grossly harmful, false, misleading, abusive, harassing, bigoted, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(d) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website;

(e) upload, transmit or publish any information or material which may harm minors in any way;

(f) violate or invade the privacy of any person;

(g) upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Website, Company’s computer systems, or the computer systems of other users or third-party systems;

(h) upload transmit or publish anything which you do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party;

(i) access the Website in any unauthorized manner, including by hacking or using log-in credentials of any other user;

(j) use the Website for any unauthorized marketing purposes or for sending any unsolicited materials or spamming;

(k) do any acts that threaten the unity, integrity, defense, 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.

4. INDEPENDENT CONTRACTOR

You acknowledge that the Company is not acting as your agent. Consequently, the Company shall not be liable for any actions resultant from your use of the Website and expressly waives any liability of the Company in this regard.

5. DISCLAIMER

Except otherwise expressly provided, any content or information, therein are provided ’’as is’’ without warranty of any kind, either express or implied.

6. INTELLECTUAL PROPERTY

You agree and understand that:

(a) the contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of the Company or its licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with the Company or its licensors.

(b) Save for the limited right to access and use the Website in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to you in the Website or any of the contents and functionalities.

(c) To the extent required, you grant to the Company a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of your intellectual property which you have provided to the Company (or uploaded on to the Website).

(d) You have no right to make any copies of whole or part of the Website or any of the contents therein.

(e) You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website.

7. INDEMNITY

You shall defend, indemnify, and hold harmless the Company its principals, officers and employees against all claims, liabilities and costs (including reasonable attorneys’ fees), brought against the Company in connection with this Terms of Use, arising directly as a result of your actions or omissions or from any third-party claims as a result of your actions or omissions.