Terms & Conditions

Terms of Use – Disclaimer and terms & conditions

The following Website Terms of Use shall govern your use of Nouvocation. By accessing and using the Website, you accept and agree, without limitation, to be bound by the Website Terms of Use. If you do not accept these Terms of Use, you may not use the Website or any of the products or services provided or made available therein.

The said Terms of Use apply when accessing the Website by any means, including via computer, mobile device or other technology. In addition, these Terms of Use apply when accessing, using or downloading any information, products, software, applications or services available on the Website (collectively referred to herein as the “Services”).

Subject to and in compliance with the terms and conditions set forth herein, Nouvocation may provide its users with access via the Website to:

• Free content including articles, blogs and forums/emails/ podcasts/ webinars by the contributor (the “Standard content”), and those written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”); and
• Premium content” including blogs and forums written by the contributor, third-Party content/ emails/ podcasts/webinars/conference calls written by the contributor, Third-Party Content and User-Generated Content for which You must pay a subscription fee (Monthly/ Quarterly/ Half-yearly/ Annually) for access (the “Premium Service”).

The minimum subscription fees is for one month (28/29/30/31 in days, as the case maybe). Should the user decide to discontinue the subscription before completing one month, the subscription will be applied for the previous completed months upto the current running week. For example, for a quarterly subscriber whose subscription started in January and deciding to discontinue the services   in the 2^nd week of February, the refundable amount will only be for the remaining weeks of February & the month of March. And so on.

A premium subscriber has access to the Premium content and the Standard content which are collectively referred to herein as the “Services”.

The Website Terms of Use must be read together with any other terms, conditions, policies, legal notices and disclaimers on the Websites, including, without limitation, the  Terms and Conditions, which govern transactions between Nouvocation and its subscribers.

Risk

No Advice

The information provided in the Website and in any of the Services is for informational purposes only and is not intended as any form of advice, whether legal, accounting, investment, financial or tax advice. Therefore, it cannot be relied upon as such. Should you require such advice, do contact a licensed professional.

You understand that no content published as part of the Services constitutes a recommendation that any particular action, legal, investment, or transaction  is suitable for any specific person. You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions which may differ from or contradict those in another portion of the Services.

We make no representations regarding Third-Party or User Generated Content, nor are we liable for Third-Party or User Generated Content.

You understand that any data is supplied by sources believed to be reliable, that any calculations made using such data are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

Frequently, we make reference to prior articles and opinions published on the Website or third party sites. These references may be selective, may reference only a portion of an article and may not to be current.

Exclusions

Information on Websites

The information, material and content provided on the website or in any of the Services (referred to collectively herein as the “Content”) is provided on an “as is” basis and your use of the website and the Services is entirely at your own risk. We make no warranties of any kind with respect to the Content provided on the website and by the Services, whether expressed or implied, including, but not limited to, warranties as to usefulness, accuracy, completeness, reliability, fitness for a particular purpose and non-infringement.

Availability

We do not represent or warrant that the website or any of the Services available or obtained therein will be provided on an uninterrupted basis, and that there will be no delays, difficulties in use, errors, security breaches, omissions or loss of transmitted information.

We make no representations or warranties that the Websites or Services are appropriate or available for use in all jurisdictions outside India. Please be aware of the applicable laws and regulations of your country.

Limitation of Liability

Confidentiality & Security

We adhere to the highest security measures to ensure your data is protected against theft, loss, and corruption and against the misuse and alteration of any of your data stored on our servers. However, if you access your account via a public or unsecured computer terminal or if you chose to share your account username and password (“Electronic Identification Information”), we cannot guarantee the security of your data.

We respect your privacy (see our privacy policy). However, unprotected communications over the Internet, such as via email or cellular phones, are not confidential or secure, may be intercepted, lost, or altered. We highly recommend that you not include private and sensitive information in any unprotected communications with us, including, but not limited to, account numbers, balances, passwords, Electronic Identification Information, etc.

We specifically disclaim  any liability with respect to any email communications, text messaging, or other like unprotected communications, whether initiated by you or us. We will not be liable or responsible for any damages suffered in connection with such modes of communication.

 No Liability

We shall not be liable under any circumstances whatsoever for any loss or damage, including any direct, indirect, special, incidental, consequential or exemplary damages or for any indirect or punitive losses or damages, arising out of or in connection with the Websites, or the Services; with your use of or inability to use or access the Websites or the Services; or with links to other third party sites.

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, act of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labor disputes, or events or circumstances beyond its reasonable control, but we shall use commercially reasonable endeavours to minimize dangers or losses to you as a consequence of such events.

Registration and Privacy

In order to gain access to portions of the Websites and the Services, You must become a subscriber by providing your email address and for premium subscription, choosing a unique user name or, member name and password. We may refuse to grant You a user name or member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Website and the Services, You represent that You are of legal age to form a binding contract and are not a person barred from accessing the Website or the Services under the Indian laws. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.

Our policy with respect to the collection and use of Your personal information is set forth in our Privacy Policy.

As a subscriber, you also have certain other obligations relating to Your account:

• You may not transfer to or resell Your use of or access to the Services to any third party;
• You are responsible for all activities that occur under Your account;
• You are responsible for maintaining the confidentiality of Your user name  and password; and

You agree to notify us if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password. Contact details for our Customer Service center may be found on our Contact Us page.

 Subscription, Renewal and Cancellation

 The subscription process

We offer subscriptions to the Services which include weekly newsletters and Premium subscriptions. We reserve  the right to vary the Services that it provides to Subscribers at any time.

We agree  to process your Subscription promptly but do  not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and related details, at which point we will provide you with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).

We reserve  the right to cancel any subscription at any time by contacting You and refunding You in full for the completed period in weeks. If your credit card is debited before accepting your subscription and we ultimately refuse your subscription, we will refund you any amount debited.

If the Premium subscription is not renewed on time, the Account will be marked as ordinary subscription and the subscriber will no longer have access to premium content.

The Site is currently enabled only to accept orders in English.

Payment and pricing

The price to be paid for the Premium Service will be made clear to you on the Premium Service order pages, or otherwise during the order process, and may vary from time to time. It is however possible, despite our efforts, that the Premium Service could be incorrectly priced. You agree to pay the correct rates at the time you purchase the Premium Service. We will inform you in advance of any change in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price. You will be responsible for paying any taxes that apply.

When you purchase the Premium Service, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorization, we may immediately terminate or suspend your access to the Premium Service and limit your access to Standard services. If your access to the Premium Service is terminated by us, you will be entitled to receive a refund of any amounts which remain unused at the time of termination unless such access is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges you have incurred prior to such termination. You are also responsible for the payment of fees or charges that may be charged by your bank or credit card provider. If you are entitled to a refund under these Terms, refunds can only be made to the credit card that was used for the original purchase, unless it has expired in which case we will contact you.

Upon the commencement of your initial subscription (upon your registration for a subscription) your credit card will be billed the applicable subscription fee and your paid subscription will commence.

Cancellation

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.

Unless specifically stated, you have the right to cancel your Subscription at any time. If you exercise your right to cancel, unless the terms of any Subscription offer or promotion state otherwise, we will reimburse all payments received from you, less the Subscription amount due for completed months up to the week of cancellation. There will be no pro-rata payment by days.

You can cancel your Subscription online.

The refund process will be initiated from our end on the earliest working day and completed within 3-4 days. The subscriber should allow for a minimum waiting period of 5-7 days to receive the refund.

Renewal

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.

Unless specifically stated when you order your Subscription, you agree that your Subscription will continue for the period referenced at the time of order, at the end of the initial subscription period (and of each renewal period thereafter), renew for the same subscription period (the “Term”) at the renewal rate agreed at the point of order. You may cancel your Subscription at any time as set out above.

If You do not notify us as described above, the then-applicable monthly, periodic or annual fee for Your subscription will be billed automatically to the credit card account You designated during the registration process (or subsequently changed).

In connection with recurring billing for subscription renewals, You authorize us to bill your credit card account number, regardless of whether the other information associated with your subscription has changed, including but not limited to the expiration date of the physical card with which you subscribed. We may receive updated information about your account from the financial institution issuing your credit card. You agree to pay all fees and charges incurred in connection with your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand.

Your Obligations and Liability

Compliance

You are responsible for complying with all laws of the jurisdiction from which you access the Websites or any of the Services, and you shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction.

Use

You agree to use the Website  and the Services only for purposes that are permitted by the Website Terms of Use, as well as any other terms, conditions, policies, legal notices and disclaimers to which the Services may be Subject.

You are solely responsible for the User Generated Content You post. You must comply with any rules posted by the Website and the Services.

The Website and the Services may include article submission and comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to the Websites and the Services, and interaction between users. While we does not control the information/materials posted by users (the “User Generated Content”), we reserves the right (which we may exercise at our sole discretion without notice) to delete, move or edit the User Generated Content and to terminate your access to and use of the Websites and the Services.

In addition You agree not to:

• Post, link to or otherwise publish any User Generated Content containing material that is obscene, racist, homophobic or sexist or illegal that contains any form of hate speech;
• Post, link to or otherwise publish any User Generated Content that infringes copyright;
• Post, link to or otherwise publish any User Generated Content that is illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
• Post, link to or otherwise publish any User Generated Content that is abusive, threatening or make any form of personal attack on another user or us;
• Post User Generated Content in any language other than English;
• Post the same User Generated Content, or a very similar User Generated Content, repeatedly;
• Post or otherwise publish any User Generated Content unrelated to the Website and the Services;
• Post, link to or otherwise publish any User Generated Content containing any form of advertising or promotion for goods and services or any chain User Generated Content or “spam”;
• Post, link to or otherwise publish any User Generated Content with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
• Disguise the origin of any User Generated Content;
• Impersonate any person or entity (including our employees or contributors or columnists) or misrepresent any affiliation with any person or entity;
• Post or transmit any User Generated Content that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
• Collect or store other users’ personal data; and/or
• Restrict or inhibit any other visitor from using the Websites or the Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
• Use the Websites or the Services for any unlawful purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Websites or the Services
• “Frame” or “mirror” any content available through the Websites or the Services  without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Website or the Services;
• Harvest or collect information about users of the Websites or the Services without their express consent.
• You also agree that at all times You will:
• Comply with all applicable laws, rules and regulations in connection with your use of the Websites and the Services and the content made available therein;
• Be responsible for all statements made and acts or omissions that occur on your user account while your password is being used;

• Waive any and all rights against us and hold us harmless in connection with any claims relating to any action taken by us as part of its investigation of a suspected violation or result of its conclusion that a violation of the term of use has occurred, including but not limited to the removal of posts or a suspension or termination of your membership account; or

• Maintain and promptly update your registration data to keep it true, accurate, current and complete.

• We have no control over individuals posting User Generated Content on the Website  or the Services. We cannot guarantee the accuracy, integrity or quality of any User Generated Content. Some users may breach these terms and post User Generated Content that is misleading, untrue or offensive. You must bear all risk associated with your use of the Website  and the Services and should not rely on the Website  and the Services when you make (or refrain from making) any decision or take any action.

• It is not possible for us to fully and effectively monitor infringement of third-party rights in User Generated Content. If you believe that any content infringes your legal rights, you should notify us immediately by contacting us by using the “Report Abuse” function provided. Repeated misuse of the “Report Abuse” function will result in your access to the Websites and Services being terminated.

Protection of Electronic Identification Information

It is your obligation to ensure that your Electronic Identification Information is kept secret. You hereby agree to keep your Electronic Identification Information and all components thereof secret and safe to prevent unauthorized use.

Customer Liability

We will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification Information or any component thereof. You must contact us immediately if a transaction or balance recorded in an account is incorrect or if you suspect unauthorized use of your Electronic Identification Information. We will not be held liable should you fail to disclose any unauthorized use of Electronic Identification Information and your accounts with us.

You will not be responsible for any unauthorized use of Electronic Identification Information occurring after notifying us of the suspected unauthorized use.

Indemnification

You agree to defend, indemnify and hold us our affiliates and related companies and each of our respective officers, directors, employees, consultants and agents, from and against any and all claims, liabilities, expenses, actions or demands, including without limitation reasonable legal and accounting fees and expenses, arising from or related to: (a) your breach of any of these Website Terms of Use or any other terms, conditions, policies, legal notices and disclaimers on the Websites; (b) your access or use of the Websites or Services; or (c) your use or reliance on, or publication, communication, transmission or distribution of the Content or Services. We reserve  the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to co-operate as fully as reasonably required in the defence of any claim.

Intellectual Property

All of the intellectual property rights including without limitation trademarks, service marks, trade names, copyright and other rights used or embodied in the Website or in any of the Services are and will remain the sole property of Nouvocation (or its suppliers where applicable).

All Content supplied by Nouvocation constitutes part of our confidential and proprietary information. In accessing the Website  or any of the Services, it is strictly prohibited to copy, reproduce, republish, store, re-transmit, alter, modify, distribute, make public use thereof, create derivative works from, reverse engineer, disassemble or try to locate source code, of the Content, and any software or applications used by Nouvocation in connection with the Website  or any of the Services, except as explicitly otherwise authorized by us.

Because we host User-Generated Content as a part of  the Website or the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designates a worldwide, non-exclusive, sub-licenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Websites or the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.

If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to Nouvocation, deemed to be property of Nouvocation, and by submitting such content You irrevocably assign any and all rights to such content to  Nouvocation

“nouvocation.com”, and the ” Nouvocation Logo”,   are trademarks and/or service marks of Nouvocation. All other trademarks, service marks, and logos used on our Websites are the trademarks, service marks, or logos of their respective owners.

Links to and from Third Party Websites

The Website or the Services may include links to other third party Websites and resources (collectively, “Linked Sites”), enabling you to leave the Website or the Services in order to access them, or may incorporate materials or information from other Linked Sites. Unless otherwise expressly provided, Nouvocation provides these links, materials and information as a convenience and not as an endorsement or approval of Linked Site, its information, opinions, advice, services or products. We are not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

You may not create links between the Websites or the Services and another site without our prior written consent. Unless otherwise expressly agreed, such links must not imply that Nouvocation is associated in any way whatsoever with another website or that we endorse or approve of its content. You acknowledge and agree that we may request at any time, at its sole discretion, that a link be removed.

Nouvocation is not responsible or liable for any third party website link to or from the Website or the Services, any website link to or from those third party websites, the content of those websites, or their products or services.

Viral Content Distribution

Nouvocation may grant you—but only through express written permission—the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available on the Websites for such purposes (“Viral Distribution”).

Express written permission for Viral Distribution may include these personal uses: (a) sending articles to friends or acquaintances at no charge; (b) posting and displaying a copy of articles on a personal web site; or (c) posting and displaying a copy of articles on any online bulletin board, message board, newsgroup, website or chat room (“Third-Party Site”) that permits users to post content, so long as the posting is allowed pursuant to the Third-Party Site terms and conditions, and provided that the Third-Party Site does not charge for access to those materials or associate those materials with products, services, or advertising. If expressly permitted and made available on the Websites, you may engage in Viral Distribution pursuant to these Terms, but you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.

Additionally, any limited, revocable permission to post such links on a Third-Party Site requires that You comply with the following guidelines:

• You may display only an excerpt of the content not to exceed 75 words that must be followed by a link to the full content of the Website or the Service. You are not permitted to reproduce the entire text of content as it appears on the Website or the Service.

• You are prohibited from displaying excerpts from the Premium Service.

• The byline must consist of the name or title of the content and the name of the Website or the Service. (e.g. “as appearing on ………….”)

• You may not  suggest or imply that Nouvocation is sponsoring or endorsing any Third-Party Site or its products, unless we have given its prior written consent.

• You may not misrepresent any state of facts, including the relationship of the Third-Party Site with Nouvocation or any of its affiliates.

• You may not present false information about Nouvocation’s products or services.

• You may not use any logo or mark of Nouvocation or any of its affiliates without express written permission from  Nouvocation.

• You must not display any excerpt of Nouvocation’s content linked together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.

Notwithstanding anything contained herein, we reserve the right to deny You permission to link to the website for any reason in our sole and absolute discretion.

Downloads, Software and Applications

Nouvocation may make some Services available for download from the Website or from third party websites (the “Downloaded Services”). Any and all Downloaded Services are the copyrighted work of, and owned by, Nouvocation and its affiliates and related companies.

Nouvocation grants you a personal, limited, revocable, non-exclusive, non-transferable license to use the Downloaded Services for your personal, non-commercial use only, provided that you not modify the Downloaded Services, that you maintain all copyright and other proprietary notices, and that Nouvocation, or any other third parties, retain full and complete title to the Downloaded Services and all intellectual property rights therein.

You acknowledge and agree that the Downloaded Services are protected by copyright laws, and that, without limiting the generality of the foregoing, copying, re-selling, disassembling, redistributing or reproducing the Downloaded Services is strictly prohibited.

You acknowledge and agree that it is your responsibility to review, assess and evaluate the Downloaded Services and any other related terms and conditions to which the Downloaded Services may be subject, and which you may be provided with during the download process, and that all risk associated with the downloading and use of the Downloaded Services rests with you. Nouvocation, affiliates and related companies, will not be responsible or liable for any damages, difficulties or consequences encountered as a result of or during the download process or the use of or reliance on the Downloaded Services.

Modifications

Nouvocation reserves the right, at its sole discretion, to add to, remove or change these Terms of Use without notice at any time. Except as otherwise expressly provided, changes will be effective immediately upon posting on the Website. Review these Website Terms of Use regularly. Your continued use of the Website or any of the Services after any such changes are posted will mean you accept the changes.

Nouvocation also reserves the right to unilaterally amend or withdraw any information, products or services provided or described on the Website and the Services without notice at any time.

Miscellaneous

Advertising, Third Party Content and other Web Sites

The Website may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Nouvocation is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. Nouvocation is not responsible for the availability of these websites or their content.

Changes to Terms and Conditions

Nouvocation reserves the right to amend these Terms of Use for all Services, any applicable fees and charges, or any Services, rights or obligations provided for herein at its sole discretion, at any time, without prior notice to You. Acceptance of these Terms and Conditions is limited to the acknowledged transaction and is not applicable to any future transactions. You will be responsible for accepting the Terms and Conditions for every subsequent transaction.

Applicable Law and Jurisdiction

The Website Terms of Use are construed in accordance with and governed by the laws applicable in the laws of India applicable therein. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of India in respect of all matters or disputes arising from the use of the Websites or of any of the Services, except as otherwise specifically stated herein.

Language

The parties hereto have expressly required that this agreement and all deeds, documents or notices relating thereto be executed in the English language.

Privacy

Nouvocation respects your privacy. Our privacy policy is available at (link)