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TABLE OF CONTENTS
1. AGREEMENT TO TERMS2. INTELLECTUAL PROPERTY RIGHTS3. USER REPRESENTATIONS4. USER REGISTRATION5. PROHIBITED ACTIVITIES6. USER GENERATED CONTRIBUTIONS7. CONTRIBUTION LICENSE8. MOBILE APPLICATION LICENSE9. SUBMISSIONS10. THIRD-PARTY WEBSITE AND CONTENT11. SITE MANAGEMENT12. PRIVACY POLICY13. TERM AND TERMINATION14. MODIFICATIONS AND INTERRUPTIONS15. GOVERNING LAW16. DISPUTE RESOLUTION17. CORRECTIONS18. DISCLAIMER19. LIMITATIONS OF LIABILITY20. INDEMNIFICATION
21. USER DATA22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES23. MISCELLANEOUS24. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity (“you”) and Madhu Rokade TradingAcademy ("Company," “we," “us," or “our”), concerning your access to and use ofthe https://sites.google.com/madhurokade.com/course/home website as well as any othermedia form, media channel, mobile website or mobile application related, linked, orotherwise connected thereto (collectively, the “Site”). We are registered in India and have ourregistered office at Kolhapur, Kolhapur. You agree that by accessing the Site, youhave read, understood, and agreed to be bound by all of these Terms ofUse. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THENYOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOUMUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from timeto time are hereby expressly incorporated herein by reference. We reserve the right, in oursole discretion, to make changes or modifications to these Terms of Use at any time and forany reason. We will alert you about any changes by updating the “Last updated” date ofthese Terms of Use, and you waive any right to receive specific notice of each such change.Please ensure that you check the applicable Terms every time you use our Site so that youunderstand which Terms apply. You will be subject to, and will be deemed to have beenmade aware of and to have accepted, the changes in any revised Terms of Use by yourcontinued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any personor entity in any jurisdiction or country where such distribution or use would be contrary tolaw or regulation or which would subject us to any registration requirement within suchjurisdiction or country. Accordingly, those persons who choose to access the Site from otherlocations do so on their own initiative and are solely responsible for compliance with locallaws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors inthe jurisdiction in which they reside (generally under the age of 18) must have thepermission of, and be directly supervised by, their parent or guardian to use the Site. If youare a minor, you must have your parent or guardian read and agree to these Terms of Useprior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code,databases, functionality, software, website designs, audio, video, text, photographs, andgraphics on the Site (collectively, the “Content”) and the trademarks, service marks, andlogos contained therein (the “Marks”) are owned or controlled by us or licensed to us, andare protected by copyright and trademark laws and various other intellectual property rightsand unfair competition laws of the United States, international copyright laws, andinternational conventions. The Content and the Marks are provided on the Site “AS IS” foryour information and personal use only. Except as expressly provided in these Terms of Use,no part of the Site and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever,without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access anduse the Site and to download or print a copy of any portion of the Content to which you haveproperly gained access solely for your personal, non-commercial use. We reserve all rightsnot expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submitwill be true, accurate, current, and complete; (2) you will maintain the accuracy of suchinformation and promptly update such registration information as necessary; (3) you havethe legal capacity and you agree to comply with these Terms of Use; (4) you are not underthe age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, youhave received parental permission to use the Site; (6) you will not access the Site throughautomated or non-human means, whether through a bot, script, or otherwise; (7) you will notuse the Site for any illegal or unauthorized purpose; and (8) your use of the Site will notviolate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we havethe right to suspend or terminate your account and refuse any and all current or future use ofthe Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidentialand will be responsible for all use of your account and password. We reserve the right toremove, reclaim, or change a username you select if we determine, in our sole discretion,that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make theSite available. The Site may not be used in connection with any commercial endeavorsexcept those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:▪ Systematically retrieve data or other content from the Site to create or compile,directly or indirectly, a collection, compilation, database, or directory withoutwritten permission from us.▪ Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.▪ Circumvent, disable, or otherwise interfere with security-related features of theSite, including features that prevent or restrict the use or copying of any Contentor enforce limitations on the use of the Site and/or the Content contained therein.▪ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.▪ Use any information obtained from the Site in order to harass, abuse, or harmanother person.▪ Make improper use of our support services or submit false reports of abuse ormisconduct.▪ Use the Site in a manner inconsistent with any applicable laws or regulations.▪ Engage in unauthorized framing of or linking to the Site.▪ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, orother material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters,or interferes with the use, features, functions, operation, or maintenance of theSite.▪ Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.▪ Delete the copyright or other proprietary rights notice from any Content.▪ Attempt to impersonate another user or person or use the username of anotheruser.▪ Upload or transmit (or attempt to upload or to transmit) any material that acts as apassive or active information collection or transmission mechanism, includingwithout limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, webbugs, cookies, or other similar devices (sometimes referred to as “spyware” or“passive collection mechanisms” or “pcms”).▪ Interfere with, disrupt, or create an undue burden on the Site or the networks orservices connected to the Site.▪ Harass, annoy, intimidate, or threaten any of our employees or agents engagedin providing any portion of the Site to you.▪ Attempt to bypass any measures of the Site designed to prevent or restrictaccess to the Site, or any portion of the Site.▪ Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,JavaScript, or other code.▪ Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up a partof the Site.▪ Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.▪ Use a buying agent or purchasing agent to make purchases on the Site.▪ Make any unauthorized use of the Site, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose of sendingunsolicited email, or creating user accounts by automated means or under falsepretenses.▪ Use the Site as part of any effort to compete with us or otherwise use the Siteand/or the Content for any revenue-generating endeavor or commercialenterprise.
6. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Site, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions"). Contributions may be viewable
by other users of the Site and through third-party websites. As such, any Contributions youtransmit may be treated in accordance with the Site Privacy Policy. When you create ormake available any Contributions, you thereby represent and warrant that:▪ The creation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will not infringe theproprietary rights, including but not limited to the copyright, patent, trademark, tradesecret, or moral rights of any third party.▪ You are the creator and owner of or have the necessary licenses, rights, consents,releases, and permissions to use and to authorize us, the Site, and other users of the Siteto use your Contributions in any manner contemplated by the Site and these Terms ofUse.▪ You have the written consent, release, and/or permission of each and every identifiableindividual person in your Contributions to use the name or likeness of each and everysuch identifiable individual person to enable inclusion and use of your Contributions inany manner contemplated by the Site and these Terms of Use.▪ Your Contributions are not false, inaccurate, or misleading.▪ Your Contributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or other forms ofsolicitation.▪ Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,slanderous, or otherwise objectionable (as determined by us).▪ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.▪ Your Contributions are not used to harass or threaten (in the legal sense of those terms)any other person and to promote violence against a specific person or class of people.▪ Your Contributions do not violate any applicable law, regulation, or rule.▪ Your Contributions do not violate the privacy or publicity rights of any third party.▪ Your Contributions do not violate any applicable law concerning child pornography, orotherwise intended to protect the health or well-being of minors.▪ Your Contributions do not include any offensive comments that are connected to race,national origin, gender, sexual preference, or physical handicap.▪ Your Contributions do not otherwise violate, or link to material that violates, any provisionof these Terms of Use, or any applicable law or regulation.Any use of the Site in violation of the foregoing violates these Terms of Use and may resultin, among other things, termination or suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal datathat you provide following the terms of the Privacy Policy and your choices (includingsettings).
By submitting suggestions or other feedback regarding the Site, you agree that we can useand share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all ofyour Contributions and any intellectual property rights or other proprietary rights associatedwith your Contributions. We are not liable for any statements or representations in yourContributions provided by you in any area on the Site. You are solely responsible for yourContributions to the Site and you expressly agree to exonerate us from any and allresponsibility and to refrain from any legal action against us regarding your Contributions.
8. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless
electronic devices owned or controlled by you, and to access and use the mobile applicationon such devices strictly in accordance with the terms and conditions of this mobileapplication license contained in these Terms of Use. You shall not: (1) except as permittedby applicable law, decompile, reverse engineer, disassemble, attempt to derive the sourcecode of, or decrypt the application; (2) make any modification, adaptation, improvement,enhancement, translation, or derivative work from the application; (3) violate any applicablelaws, rules, or regulations in connection with your access or use of the application; (4)remove, alter, or obscure any proprietary notice (including any notice of copyright ortrademark) posted by us or the licensors of the application; (5) use the application for anyrevenue generating endeavor, commercial enterprise, or other purpose for which it is notdesigned or intended; (6) make the application available over a network or otherenvironment permitting access or use by multiple devices or users at the same time; (7) usethe application for creating a product, service, or software that is, directly or indirectly,competitive with or in any way a substitute for the application; (8) use the application to sendautomated queries to any website or to send any unsolicited commercial e-mail; or (9) useany proprietary information or any of our interfaces or our other intellectual property in thedesign, development, manufacture, licensing, or distribution of any applications, accessories,or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the AppleStore or Google Play (each an “App Distributor”) to access the Site: (1) the license grantedto you for our mobile application is limited to a non-transferable license to use the applicationon a device that utilizes the Apple iOS or Android operating systems, as applicable, and inaccordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect tothe mobile application as specified in the terms and conditions of this mobile applicationlicense contained in these Terms of Use or as otherwise required under applicable law, andyou acknowledge that each App Distributor has no obligation whatsoever to furnish anymaintenance and support services with respect to the mobile application; (3) in the event ofany failure of the mobile application to conform to any applicable warranty, you may notifythe applicable App Distributor, and the App Distributor, in accordance with its terms andpolicies, may refund the purchase price, if any, paid for the mobile application, and to themaximum extent permitted by applicable law, the App Distributor will have no other warrantyobligation whatsoever with respect to the mobile application; (4) you represent and warrantthat (i) you are not located in a country that is subject to a U.S. government embargo, or thathas been designated by the U.S. government as a “terrorist supporting” country and (ii) youare not listed on any U.S. government list of prohibited or restricted parties; (5) you mustcomply with applicable third-party terms of agreement when using the mobile application,e.g., if you have a VoIP application, then you must not be in violation of their wireless dataservice agreement when using the mobile application; and (6) you acknowledge and agreethat the App Distributors are third-party beneficiaries of the terms and conditions in thismobile application license contained in these Terms of Use, and that each App Distributorwill have the right (and will be deemed to have accepted the right) to enforce the terms andconditions in this mobile application license contained in these Terms of Use against you asa third-party beneficiary thereof.
9. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination ofthese Submissions for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you. You hereby waive all moral rights to any suchSubmissions, and you hereby warrant that any such Submissions are original with you orthat you have the right to submit such Submissions. You agree there shall be no recourseagainst us for any alleged or actual infringement or misappropriation of any proprietary rightin your Submissions.
10. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-PartyWebsites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,video, information, applications, software, and other content or items belonging to ororiginating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-
Party Content are not investigated, monitored, or checked for accuracy, appropriateness, orcompleteness by us, and we are not responsible for any Third-Party Websites accessedthrough the Site or any Third-Party Content posted on, available through, or installed fromthe Site, including the content, accuracy, offensiveness, opinions, reliability, privacypractices, or other policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of any Third-PartyWebsites or any Third-Party Content does not imply approval or endorsement thereof by us.If you decide to leave the Site and access the Third-Party Websites or to use or install anyThird-Party Content, you do so at your own risk, and you should be aware these Terms ofUse no longer govern. You should review the applicable terms and policies, including privacyand data gathering practices, of any website to which you navigate from the Site or relating
to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between youand the applicable third party. You agree and acknowledge that we do not endorse theproducts or services offered on Third-Party Websites and you shall hold us harmless fromany harm caused by your purchase of such products or services. Additionally, you shall holdus harmless from any losses sustained by you or harm caused to you relating to or resultingin any way from any Third-Party Content or any contact with Third-Party Websites. We use Razor pay for transactions.
11. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of theseTerms of Use; (2) take appropriate legal action against anyone who, in our sole discretion,violates the law or these Terms of Use, including without limitation, reporting such user tolaw enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrictaccess to, limit the availability of, or disable (to the extent technologically feasible) any ofyour Contributions or any portion thereof; (4) in our sole discretion and without limitation,notice, or liability, to remove from the Site or otherwise disable all files and content that areexcessive in size or are in any way burdensome to our systems; and (5) otherwise managethe Site in a manner designed to protect our rights and property and to facilitate the properfunctioning of the Site.
12. PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by ourPrivacy Policy posted on the Site, which is incorporated into these Terms of Use. Pleasebe advised the Site is hosted in India. If you access the Site from any other region of theworld with laws or other requirements governing personal data collection, use, ordisclosure that differ from applicable laws in India, then through your continued use of
the Site, you are transferring your data to India, and you agree to have your datatransferred to and processed in India.
13. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKINGCERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NOREASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMSOF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNTAND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION. IF YOU FALL UNDER THE PROHIBITIONS WE MADE, WE HAVE RIGHTS TO CLOSE YOUR ACCESS TO OUR WEBSITE/APPLICATION
If we terminate or suspend your account for any reason, you are prohibited from registeringand creating a new account under your name, a fake or borrowed name, or the name of anythird party, even if you may be acting on behalf of the third party. In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or forany reason at our sole discretion without notice. However, we have no obligation to updateany information on our Site. We also reserve the right to modify or discontinue all or part ofthe Site without notice at any time. We will not be liable to you or any third party for anymodification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,software, or other problems or need to perform maintenance related to the Site, resulting ininterruptions, delays, or errors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Site at any time or for any reason without notice to you.You agree that we have no liability whatsoever for any loss, damage, or inconveniencecaused by your inability to access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be construed to obligate us to maintain andsupport the Site or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Terms shall be governed by and defined following the laws of India. MadhuRokade Trading Academy and yourself irrevocably consent that the courtsof India shall have exclusive jurisdiction to resolve any dispute which mayarise in connection with these terms.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related tothese Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you orus (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt tonegotiate any Dispute (except those Disputes expressly provided below) informally for atleast thirty (30) days before initiating arbitration. Such informal negotiations commenceupon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any questionregarding its existence, validity, or termination, shall be referred to and finally resolved by theInternational Commercial Arbitration Court under the European Arbitration Chamber(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as aresult of referring to it, is considered as the part of this clause. The number of arbitratorsshall be two (2). The seat, or legal place, of arbitration shall be Maharashtra , India. Thelanguage of the proceedings shall be Hindi and English . The governing law of thecontract shall be the substantive law of India.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Partiesindividually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general publicor any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations and binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rights of aParty; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion ofprivacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is foundto be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute fallingwithin that portion of this provision found to be illegal or unenforceable and such Disputeshall be decided by a court of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, oromissions, including descriptions, pricing, availability, and various other information. Wereserve the right to correct any errors, inaccuracies, or omissions and to change or updatethe information on the Site at any time, without prior notice.
18. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THATYOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSOR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OFANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANYNATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TOOR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEWHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS ORFOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OFANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THESITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITEOR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOUSHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLETO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSTPROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROMYOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTPAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWSDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ORLIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALLOF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOUMAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,and all of our respective officers, agents, partners, and employees, from and against anyloss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses,made by any third party due to or arising out of: (1) use of the Site; (2) breach of theseTerms of Use; (3) any breach of your representations and warranties set forth in theseTerms of Use; (4) your violation of the rights of a third party, including but not limited tointellectual property rights; or (5) any overt harmful act toward any other user of the Site withwhom you connected via the Site. Notwithstanding the foregoing, we reserve the right, atyour expense, to assume the exclusive defense and control of any matter for which you arerequired to indemnify us, and you agree to cooperate, at your expense, with our defense ofsuch claims. We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing theperformance of the Site, as well as data relating to your use of the Site. Although we performregular routine backups of data, you are solely responsible for all data that you transmit orthat relates to any activity you have undertaken using the Site. You agree that we shall haveno liability to you for any loss or corruption of any such data, and you hereby waive any rightof action against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Site, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATEDOR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirementsunder any statutes, regulations, rules, ordinances, or other laws in any jurisdiction whichrequire an original signature or delivery or retention of non-electronic records, or topayments or the granting of credits by any means other than electronic means.
23. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or inrespect to the Site constitute the entire agreement and understanding between you and us.Our failure to exercise or enforce any right or provision of these Terms of Use shall notoperate as a waiver of such right or provision. These Terms of Use operate to the fullestextent permissible by law. We may assign any or all of our rights and obligations to others atany time. We shall not be responsible or liable for any loss, damage, delay, or failure to actcaused by any cause beyond our reasonable control. If any provision or part of a provision ofthese Terms of Use is determined to be unlawful, void, or unenforceable, that provision orpart of the provision is deemed severable from these Terms of Use and does not affect thevalidity and enforceability of any remaining provisions. There is no joint venture, partnership,employment or agency relationship created between you and us as a result of these Termsof Use or use of the Site. You agree that these Terms of Use will not be construed againstus by virtue of having drafted them. You hereby waive any and all defenses you may havebased on the electronic form of these Terms of Use and the lack of signing by the partieshereto to execute these Terms of Use.
24. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regardinguse of the Site, please contact us at:
Madhu Rokade Trading AcademyKolhapurKolhapurIndiaPhone: 8306769921 (assistant)tradingacademy@madhurokade.com
1. AGREEMENT TO TERMS2. INTELLECTUAL PROPERTY RIGHTS3. USER REPRESENTATIONS4. USER REGISTRATION5. PROHIBITED ACTIVITIES6. USER GENERATED CONTRIBUTIONS7. CONTRIBUTION LICENSE8. MOBILE APPLICATION LICENSE9. SUBMISSIONS10. THIRD-PARTY WEBSITE AND CONTENT11. SITE MANAGEMENT12. PRIVACY POLICY13. TERM AND TERMINATION14. MODIFICATIONS AND INTERRUPTIONS15. GOVERNING LAW16. DISPUTE RESOLUTION17. CORRECTIONS18. DISCLAIMER19. LIMITATIONS OF LIABILITY20. INDEMNIFICATION
21. USER DATA22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES23. MISCELLANEOUS24. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity (“you”) and Madhu Rokade TradingAcademy ("Company," “we," “us," or “our”), concerning your access to and use ofthe https://sites.google.com/madhurokade.com/course/home website as well as any othermedia form, media channel, mobile website or mobile application related, linked, orotherwise connected thereto (collectively, the “Site”). We are registered in India and have ourregistered office at Kolhapur, Kolhapur. You agree that by accessing the Site, youhave read, understood, and agreed to be bound by all of these Terms ofUse. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THENYOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOUMUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from timeto time are hereby expressly incorporated herein by reference. We reserve the right, in oursole discretion, to make changes or modifications to these Terms of Use at any time and forany reason. We will alert you about any changes by updating the “Last updated” date ofthese Terms of Use, and you waive any right to receive specific notice of each such change.Please ensure that you check the applicable Terms every time you use our Site so that youunderstand which Terms apply. You will be subject to, and will be deemed to have beenmade aware of and to have accepted, the changes in any revised Terms of Use by yourcontinued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any personor entity in any jurisdiction or country where such distribution or use would be contrary tolaw or regulation or which would subject us to any registration requirement within suchjurisdiction or country. Accordingly, those persons who choose to access the Site from otherlocations do so on their own initiative and are solely responsible for compliance with locallaws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors inthe jurisdiction in which they reside (generally under the age of 18) must have thepermission of, and be directly supervised by, their parent or guardian to use the Site. If youare a minor, you must have your parent or guardian read and agree to these Terms of Useprior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code,databases, functionality, software, website designs, audio, video, text, photographs, andgraphics on the Site (collectively, the “Content”) and the trademarks, service marks, andlogos contained therein (the “Marks”) are owned or controlled by us or licensed to us, andare protected by copyright and trademark laws and various other intellectual property rightsand unfair competition laws of the United States, international copyright laws, andinternational conventions. The Content and the Marks are provided on the Site “AS IS” foryour information and personal use only. Except as expressly provided in these Terms of Use,no part of the Site and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever,without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access anduse the Site and to download or print a copy of any portion of the Content to which you haveproperly gained access solely for your personal, non-commercial use. We reserve all rightsnot expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submitwill be true, accurate, current, and complete; (2) you will maintain the accuracy of suchinformation and promptly update such registration information as necessary; (3) you havethe legal capacity and you agree to comply with these Terms of Use; (4) you are not underthe age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, youhave received parental permission to use the Site; (6) you will not access the Site throughautomated or non-human means, whether through a bot, script, or otherwise; (7) you will notuse the Site for any illegal or unauthorized purpose; and (8) your use of the Site will notviolate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we havethe right to suspend or terminate your account and refuse any and all current or future use ofthe Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidentialand will be responsible for all use of your account and password. We reserve the right toremove, reclaim, or change a username you select if we determine, in our sole discretion,that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make theSite available. The Site may not be used in connection with any commercial endeavorsexcept those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:▪ Systematically retrieve data or other content from the Site to create or compile,directly or indirectly, a collection, compilation, database, or directory withoutwritten permission from us.▪ Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.▪ Circumvent, disable, or otherwise interfere with security-related features of theSite, including features that prevent or restrict the use or copying of any Contentor enforce limitations on the use of the Site and/or the Content contained therein.▪ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.▪ Use any information obtained from the Site in order to harass, abuse, or harmanother person.▪ Make improper use of our support services or submit false reports of abuse ormisconduct.▪ Use the Site in a manner inconsistent with any applicable laws or regulations.▪ Engage in unauthorized framing of or linking to the Site.▪ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, orother material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters,or interferes with the use, features, functions, operation, or maintenance of theSite.▪ Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.▪ Delete the copyright or other proprietary rights notice from any Content.▪ Attempt to impersonate another user or person or use the username of anotheruser.▪ Upload or transmit (or attempt to upload or to transmit) any material that acts as apassive or active information collection or transmission mechanism, includingwithout limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, webbugs, cookies, or other similar devices (sometimes referred to as “spyware” or“passive collection mechanisms” or “pcms”).▪ Interfere with, disrupt, or create an undue burden on the Site or the networks orservices connected to the Site.▪ Harass, annoy, intimidate, or threaten any of our employees or agents engagedin providing any portion of the Site to you.▪ Attempt to bypass any measures of the Site designed to prevent or restrictaccess to the Site, or any portion of the Site.▪ Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,JavaScript, or other code.▪ Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up a partof the Site.▪ Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.▪ Use a buying agent or purchasing agent to make purchases on the Site.▪ Make any unauthorized use of the Site, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose of sendingunsolicited email, or creating user accounts by automated means or under falsepretenses.▪ Use the Site as part of any effort to compete with us or otherwise use the Siteand/or the Content for any revenue-generating endeavor or commercialenterprise.
6. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Site, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions"). Contributions may be viewable
by other users of the Site and through third-party websites. As such, any Contributions youtransmit may be treated in accordance with the Site Privacy Policy. When you create ormake available any Contributions, you thereby represent and warrant that:▪ The creation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will not infringe theproprietary rights, including but not limited to the copyright, patent, trademark, tradesecret, or moral rights of any third party.▪ You are the creator and owner of or have the necessary licenses, rights, consents,releases, and permissions to use and to authorize us, the Site, and other users of the Siteto use your Contributions in any manner contemplated by the Site and these Terms ofUse.▪ You have the written consent, release, and/or permission of each and every identifiableindividual person in your Contributions to use the name or likeness of each and everysuch identifiable individual person to enable inclusion and use of your Contributions inany manner contemplated by the Site and these Terms of Use.▪ Your Contributions are not false, inaccurate, or misleading.▪ Your Contributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or other forms ofsolicitation.▪ Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,slanderous, or otherwise objectionable (as determined by us).▪ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.▪ Your Contributions are not used to harass or threaten (in the legal sense of those terms)any other person and to promote violence against a specific person or class of people.▪ Your Contributions do not violate any applicable law, regulation, or rule.▪ Your Contributions do not violate the privacy or publicity rights of any third party.▪ Your Contributions do not violate any applicable law concerning child pornography, orotherwise intended to protect the health or well-being of minors.▪ Your Contributions do not include any offensive comments that are connected to race,national origin, gender, sexual preference, or physical handicap.▪ Your Contributions do not otherwise violate, or link to material that violates, any provisionof these Terms of Use, or any applicable law or regulation.Any use of the Site in violation of the foregoing violates these Terms of Use and may resultin, among other things, termination or suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal datathat you provide following the terms of the Privacy Policy and your choices (includingsettings).
By submitting suggestions or other feedback regarding the Site, you agree that we can useand share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all ofyour Contributions and any intellectual property rights or other proprietary rights associatedwith your Contributions. We are not liable for any statements or representations in yourContributions provided by you in any area on the Site. You are solely responsible for yourContributions to the Site and you expressly agree to exonerate us from any and allresponsibility and to refrain from any legal action against us regarding your Contributions.
8. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless
electronic devices owned or controlled by you, and to access and use the mobile applicationon such devices strictly in accordance with the terms and conditions of this mobileapplication license contained in these Terms of Use. You shall not: (1) except as permittedby applicable law, decompile, reverse engineer, disassemble, attempt to derive the sourcecode of, or decrypt the application; (2) make any modification, adaptation, improvement,enhancement, translation, or derivative work from the application; (3) violate any applicablelaws, rules, or regulations in connection with your access or use of the application; (4)remove, alter, or obscure any proprietary notice (including any notice of copyright ortrademark) posted by us or the licensors of the application; (5) use the application for anyrevenue generating endeavor, commercial enterprise, or other purpose for which it is notdesigned or intended; (6) make the application available over a network or otherenvironment permitting access or use by multiple devices or users at the same time; (7) usethe application for creating a product, service, or software that is, directly or indirectly,competitive with or in any way a substitute for the application; (8) use the application to sendautomated queries to any website or to send any unsolicited commercial e-mail; or (9) useany proprietary information or any of our interfaces or our other intellectual property in thedesign, development, manufacture, licensing, or distribution of any applications, accessories,or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the AppleStore or Google Play (each an “App Distributor”) to access the Site: (1) the license grantedto you for our mobile application is limited to a non-transferable license to use the applicationon a device that utilizes the Apple iOS or Android operating systems, as applicable, and inaccordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect tothe mobile application as specified in the terms and conditions of this mobile applicationlicense contained in these Terms of Use or as otherwise required under applicable law, andyou acknowledge that each App Distributor has no obligation whatsoever to furnish anymaintenance and support services with respect to the mobile application; (3) in the event ofany failure of the mobile application to conform to any applicable warranty, you may notifythe applicable App Distributor, and the App Distributor, in accordance with its terms andpolicies, may refund the purchase price, if any, paid for the mobile application, and to themaximum extent permitted by applicable law, the App Distributor will have no other warrantyobligation whatsoever with respect to the mobile application; (4) you represent and warrantthat (i) you are not located in a country that is subject to a U.S. government embargo, or thathas been designated by the U.S. government as a “terrorist supporting” country and (ii) youare not listed on any U.S. government list of prohibited or restricted parties; (5) you mustcomply with applicable third-party terms of agreement when using the mobile application,e.g., if you have a VoIP application, then you must not be in violation of their wireless dataservice agreement when using the mobile application; and (6) you acknowledge and agreethat the App Distributors are third-party beneficiaries of the terms and conditions in thismobile application license contained in these Terms of Use, and that each App Distributorwill have the right (and will be deemed to have accepted the right) to enforce the terms andconditions in this mobile application license contained in these Terms of Use against you asa third-party beneficiary thereof.
9. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination ofthese Submissions for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you. You hereby waive all moral rights to any suchSubmissions, and you hereby warrant that any such Submissions are original with you orthat you have the right to submit such Submissions. You agree there shall be no recourseagainst us for any alleged or actual infringement or misappropriation of any proprietary rightin your Submissions.
10. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-PartyWebsites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,video, information, applications, software, and other content or items belonging to ororiginating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-
Party Content are not investigated, monitored, or checked for accuracy, appropriateness, orcompleteness by us, and we are not responsible for any Third-Party Websites accessedthrough the Site or any Third-Party Content posted on, available through, or installed fromthe Site, including the content, accuracy, offensiveness, opinions, reliability, privacypractices, or other policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of any Third-PartyWebsites or any Third-Party Content does not imply approval or endorsement thereof by us.If you decide to leave the Site and access the Third-Party Websites or to use or install anyThird-Party Content, you do so at your own risk, and you should be aware these Terms ofUse no longer govern. You should review the applicable terms and policies, including privacyand data gathering practices, of any website to which you navigate from the Site or relating
to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between youand the applicable third party. You agree and acknowledge that we do not endorse theproducts or services offered on Third-Party Websites and you shall hold us harmless fromany harm caused by your purchase of such products or services. Additionally, you shall holdus harmless from any losses sustained by you or harm caused to you relating to or resultingin any way from any Third-Party Content or any contact with Third-Party Websites. We use Razor pay for transactions.
11. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of theseTerms of Use; (2) take appropriate legal action against anyone who, in our sole discretion,violates the law or these Terms of Use, including without limitation, reporting such user tolaw enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrictaccess to, limit the availability of, or disable (to the extent technologically feasible) any ofyour Contributions or any portion thereof; (4) in our sole discretion and without limitation,notice, or liability, to remove from the Site or otherwise disable all files and content that areexcessive in size or are in any way burdensome to our systems; and (5) otherwise managethe Site in a manner designed to protect our rights and property and to facilitate the properfunctioning of the Site.
12. PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by ourPrivacy Policy posted on the Site, which is incorporated into these Terms of Use. Pleasebe advised the Site is hosted in India. If you access the Site from any other region of theworld with laws or other requirements governing personal data collection, use, ordisclosure that differ from applicable laws in India, then through your continued use of
the Site, you are transferring your data to India, and you agree to have your datatransferred to and processed in India.
13. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKINGCERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NOREASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMSOF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNTAND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION. IF YOU FALL UNDER THE PROHIBITIONS WE MADE, WE HAVE RIGHTS TO CLOSE YOUR ACCESS TO OUR WEBSITE/APPLICATION
If we terminate or suspend your account for any reason, you are prohibited from registeringand creating a new account under your name, a fake or borrowed name, or the name of anythird party, even if you may be acting on behalf of the third party. In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or forany reason at our sole discretion without notice. However, we have no obligation to updateany information on our Site. We also reserve the right to modify or discontinue all or part ofthe Site without notice at any time. We will not be liable to you or any third party for anymodification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,software, or other problems or need to perform maintenance related to the Site, resulting ininterruptions, delays, or errors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Site at any time or for any reason without notice to you.You agree that we have no liability whatsoever for any loss, damage, or inconveniencecaused by your inability to access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be construed to obligate us to maintain andsupport the Site or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Terms shall be governed by and defined following the laws of India. MadhuRokade Trading Academy and yourself irrevocably consent that the courtsof India shall have exclusive jurisdiction to resolve any dispute which mayarise in connection with these terms.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related tothese Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you orus (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt tonegotiate any Dispute (except those Disputes expressly provided below) informally for atleast thirty (30) days before initiating arbitration. Such informal negotiations commenceupon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any questionregarding its existence, validity, or termination, shall be referred to and finally resolved by theInternational Commercial Arbitration Court under the European Arbitration Chamber(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as aresult of referring to it, is considered as the part of this clause. The number of arbitratorsshall be two (2). The seat, or legal place, of arbitration shall be Maharashtra , India. Thelanguage of the proceedings shall be Hindi and English . The governing law of thecontract shall be the substantive law of India.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Partiesindividually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general publicor any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations and binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rights of aParty; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion ofprivacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is foundto be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute fallingwithin that portion of this provision found to be illegal or unenforceable and such Disputeshall be decided by a court of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, oromissions, including descriptions, pricing, availability, and various other information. Wereserve the right to correct any errors, inaccuracies, or omissions and to change or updatethe information on the Site at any time, without prior notice.
18. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THATYOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSOR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OFANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANYNATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TOOR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEWHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS ORFOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OFANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THESITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITEOR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOUSHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLETO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSTPROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROMYOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTPAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWSDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ORLIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALLOF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOUMAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,and all of our respective officers, agents, partners, and employees, from and against anyloss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses,made by any third party due to or arising out of: (1) use of the Site; (2) breach of theseTerms of Use; (3) any breach of your representations and warranties set forth in theseTerms of Use; (4) your violation of the rights of a third party, including but not limited tointellectual property rights; or (5) any overt harmful act toward any other user of the Site withwhom you connected via the Site. Notwithstanding the foregoing, we reserve the right, atyour expense, to assume the exclusive defense and control of any matter for which you arerequired to indemnify us, and you agree to cooperate, at your expense, with our defense ofsuch claims. We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing theperformance of the Site, as well as data relating to your use of the Site. Although we performregular routine backups of data, you are solely responsible for all data that you transmit orthat relates to any activity you have undertaken using the Site. You agree that we shall haveno liability to you for any loss or corruption of any such data, and you hereby waive any rightof action against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Site, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATEDOR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirementsunder any statutes, regulations, rules, ordinances, or other laws in any jurisdiction whichrequire an original signature or delivery or retention of non-electronic records, or topayments or the granting of credits by any means other than electronic means.
23. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or inrespect to the Site constitute the entire agreement and understanding between you and us.Our failure to exercise or enforce any right or provision of these Terms of Use shall notoperate as a waiver of such right or provision. These Terms of Use operate to the fullestextent permissible by law. We may assign any or all of our rights and obligations to others atany time. We shall not be responsible or liable for any loss, damage, delay, or failure to actcaused by any cause beyond our reasonable control. If any provision or part of a provision ofthese Terms of Use is determined to be unlawful, void, or unenforceable, that provision orpart of the provision is deemed severable from these Terms of Use and does not affect thevalidity and enforceability of any remaining provisions. There is no joint venture, partnership,employment or agency relationship created between you and us as a result of these Termsof Use or use of the Site. You agree that these Terms of Use will not be construed againstus by virtue of having drafted them. You hereby waive any and all defenses you may havebased on the electronic form of these Terms of Use and the lack of signing by the partieshereto to execute these Terms of Use.
24. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regardinguse of the Site, please contact us at:
Madhu Rokade Trading AcademyKolhapurKolhapurIndiaPhone: 8306769921 (assistant)tradingacademy@madhurokade.com
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