CYBERSAFE PLATFORM USAGE AGREEMENT
Cybersafe (hereinafter referred to as the “ Platform” or “CYS”) is
an online platform that facilitates real-time information sharing between
law enforcement agencies (“LEA”) and financial
services entities (“Fin-tech Entities”) in order
to record and collate information pertaining to certain types of financial
frauds.
The Platform is an intermediary under the provisions of the Information
Technology Act, 2000 hosting the information of third parties over which it
has no control whatsoever, and accordingly, the Platform does not control
any of the information accessible on the Platform.
This agreement (“Agreement”), along with CYS’
Privacy Policy
and the Platform’s
Terms of Use
(together, the “Platform Policies”), which form
an integral part of this Agreement) governs your use of the Platform, and
sets out the basis on which the Platform has been made available to you by
the Financial Co-ordination Cell (“FCORD”),
Ministry of Home Affairs. By clicking the (I agree’ button) herein
and / or using the Platform or any related service / application / software
or part thereof, you agree to accept and to be bound by (1) this Agreement,
and (2) the Platform Policies at all times.
FCORD, MHA reserves the right to change, modify, add or delete provisions
in this Agreement at any time, in accordance with the procedures described
below in Clause 8. Any capitalized and undefined terms used in this
Agreement shall have the meanings ascribed to them in the Platform’s terms
of use.
1.
Usage Rights.
1.1. You are hereby granted a non-exclusive, non-transferable,
un-assignable, and non-commercial right to use the Platform, for such time
until either you or FCORD terminates this Agreement under Clause 7.
1.2. In the event that any part of the Platform comprises components that
contain third party intellectual property rights, we may require you to
consent to their terms and conditions, which may apply in addition to this
Agreement and the Platform Policies. You shall comply with such third party
terms and conditions, if notified, to the fullest extent.
1.3. You shall not, directly or indirectly, (i) sell, rent out, lease,
license, distribute, market, exploit the Platform or any of its parts
commercially, (ii) reverse engineer, decompile, disassemble, adapt,
reproduce, or create derivative works of this Platform, (iii) remove,
alter, disable or circumvent any copyright or trademark indications or
other authorship and origin information, or (iv) export or re-export this
Platform or any copy of adaptation in violation of any applicable laws or
regulations.
1.4. While using the Platform, you agree to comply will all applicable
laws, rules and regulations. In all cases, you may only use the Platform
according to the intended use of the Platform. Without any limitation of
FCORD’s rights to take action against you for prohibited usage of the
Platform, you may not:
a. use any of the data on the Platform, including any information within
the centralised negative incident database (i.e. the “ Negative List” made available to you on the
Platform) and any other results / data / information / details that is
accessible by you on the Platform (“ Platform Information”) for any purpose other than
analysis, updation, reference, and record-keeping. It is expressly
clarified herein, and agreed and understood by you, that the Platform
Information cannot be construed, treated as, relied upon or produced as
evidence in a court of law or in any legal proceeding.
b. create, use, share and/or publish, by any means any material (text,
words, images, etc.) related to or available on the Platform, which would
be a breach of your confidentiality obligations, infringe any intellectual
property right, violate an individual’s right to privacy, or which would
incite the committing of an unlawful act (in particular, piracy, cracking
or circulation of counterfeit software);
c. modify, distort, block, abnormally burden, disrupt, slow down and/or
hinder the normal functioning of all or part of the Platform, or their
accessibility to other users, or the functioning of the partner networks of
the Platform, or attempt to do any of the above;
d. transmit or propagate any virus, bug, corrupted file and/or similar
destructive device or corrupted data in relation to the Platform, and/or
organise, participate in or be involved in any way in an attack on CYS’s
servers and/or the Platform and/or the digital resources of its service
providers and partners;
e. create, supply or use alternative methods of using the Platforms, such
as server emulators;
f. falsely claim to be an employee or representative of FCORD or CYS, or
its partners or agents; and
g. falsely claim an endorsement in connection with the Platform or with
FCORD or CYS.
2.
Intellectual Property.
2.1. All title, interest and ownership rights over the intellectual
property in and to the Platform (including, without limitation, all text,
graphics, information, data, Platform Information, and any other elements
which are part of the Platform, individually or in combination) and any and
all copies thereof, vest in and are the sole and exclusive property of
FCORD. The Platform is protected by national and international laws,
copyright treaties and conventions and other laws aimed at protecting
intellectual property rights. Except as expressly set forth in this
Agreement, all rights not granted hereunder to you are expressly reserved
by and retained with FCORD.
2.2. Nothing in the terms hereof gives any you the right to use any of
FCORD’s trade names, trademarks, service marks, logos, domain names, and
other distinctive brand features in any manner, including on any reports or
documents that you may request on the Platform.
2.3. This Agreement confers no title or ownership in the Platform or the
Platform Information on you, and should not be construed as an assignment
or transfer of any rights thereof.
2.4. The Platform Information that you provide may be used to create the
Negative List, and for such other purposes as may be determined by FCORD in
its sole discretion.
2.5. In the event that you request FCORD to delete your account on the
Platform, the Platform Information directly submitted by you, along with
any results from the processing of such data, shall continue to remain on
the Platform and may be accessible by other users on the Platform.
3.
Access to the Platform.
3.1. You shall have to register on the Platform in order to avail the
services therein, which may require the provision of your official e-mail
address hosted on your organisation’s domain, mobile number, details of
entity type, registered address, details of nodal officers, etc. By doing
so, you will have created an admin account for your organisation which may
be accessed by you or your authorized L2 and L3 Users.
3.2. The Platform may be accessed by you on a computer system or a mobile
device through application stores, including Google Play and the Apple App
Store.
a. Platform Access: To use the Platform on a computer or a
mobile device, you must have access to an electronic communication network.
The connection costs (including but not limited to mobile providers’ and/or
carriers’ costs), shall be exclusively borne by you. You acknowledge that
the quality of the Platforms, the response time or access to certain
features may depend on the capacities of your computer or mobile device and
of the electronic communication network.
b. Collection of personal data: FCORD may collect and
store data about you, including such data in relation to your use of the
Platform, your connection information, your computer or mobile device, IP
address, geo-location, cache, which may be analysed, processed and archived
for such purposes that are in compliance with applicable law.
c. Sharing of Data: FCORD may be under a duty to disclose
or share your data in order to comply with a legal obligation, or in order
to protect FCORD’s rights and those of other users and third parties.
Certain types of Platform Information may be accessed by third parties
using the Platform. For further information concerning FCORD’s collection
and use of your data, please refer to the CYS
Privacy Policy
.
d. Incident Tickets: All details of the financial
fraud may be submitted on the Platform by L2 and/or L3 Users. Upon
submission of such details, a Incident Ticket will be generated by CYS for
the reported incident. All such Incident Tickets created on the Platform
shall be visible to L2 and L1 Users of the Entity.
4.
Disclaimers
4.1. The Platform, and the Platform Information, is available to you on an
‘as is’ basis, without any representation or warranties, express or
implied. FCORD further expressly disclaims all representations and
warranties of any kind with regard to the Platform, including, but not
limited to the implied warranties and conditions of merchantability,
fitness for a particular purpose and non-infringement of any third party
intellectual property rights.
4.2. FCORD does not represent or warrant to you that: (a) your use of the
Platform will meet your requirements, (b) your use of the offering will be
uninterrupted, timely, secure or free from error, including specifically
from server downtime, (c) any information obtained by you as a result of
your use of the offering will be accurate or reliable.
4.3. FCORD does not make any guarantees, conditions, warranties of any
kind, express, implied or statutory or other terms including as to (a)
conformity, accuracy, correctness, completeness, or reliability of the
Negative List (b) its suitability for a particular use; (c) implied
warranties of title, non-infringement. FCORD does not warrant that the
Platform will be uninterrupted or error-free, that defects will be
corrected, or that the Platform is free of viruses or other harmful
components. you assume all responsibility for selecting the Platform to
achieve your intended results, and for the installation, use, and use of
results obtained from the Platform. You are solely responsible for any
information that you provide on the Platform, and FCORD shall not be liable
in any manner for such information.
4.4. The Negative List is created with information submitted by users of
the Platform, and such representation of this information on the Platform
is intended to assist users of the Platform with record-keeping and
informational purposes only. It is clarified that the Negative List is not
intended to impugn, in any manner, any person whose details may appear on
the Negative List.
5.
Limitation of Liability
5.1. You expressly understand and agree that in no event will FCORD,
FCORD’s licensors, channel partners and associated service providers,
partners, and employees be liable for any loss or damage suffered in
connection with the use of the Platform or any related third party service.
This includes without limitation (a) all losses of any kind, whether in
tort (including for negligence or breach of statutory duty), contract,
misrepresentation (whether innocent or negligent) or otherwise, (b) direct
loss; (c) accidental loss, (d) incidental loss, (e) consequential loss, and
(f) indirect loss. Such limitation of liability shall apply whether the
damages arise from the use, misuse, or reliance on the Platform, from
inability to use the Platform, or from the interruption, suspension or
termination of the use of the Platform.
5.2. For purposes of this Clause, FCORD’s licensors, channel partners and
associated service providers are third party beneficiaries to the
limitations of liability specified herein and they may enforce this
Agreement against you.
6.
Indemnity.
6.1. You are solely responsible for any damage caused to FCORD, its
licensors, channel partners and associated service providers and
subcontractors, other users of the Platform or any other individual or
legal entity as a result of your violation of this Agreement.
6.2. You hereby agree to defend, indemnify and keep indemnified FCORD and
its affiliates, their licensors, channel partners and associated service
providers and their subcontractors against any claim or alleged claims,
liabilities, losses damages and all costs (including lawyers’ fees),
directly or indirectly attributable to your fault and/or resulting from (a)
a violation of any provision of this Agreement, or (b) your use or misuse
of the Platform. FCORD reserves the right to take sole responsibility, at
your expense, for conducting the defence of any claim for which you agreed
to indemnify FCORD. The provisions of this Clause shall remain in force
after termination of this Agreement.
7.
Termination.
7.1. This Agreement is effective from the date you register yourself as an
LEA on the Platform, and shall remain valid until terminated according to
the terms herein.
7.2. FCORD may terminate your use of the Platform at any time if: (i) it
believes, in its sole and absolute discretion, that you have infringed,
breached, violated, abused, or unethically manipulated or exploited any
term of this Agreement or the Platform Policies, or any feature of the
Platform, or (ii) it is required to do so under applicable law. This
Agreement shall continue to survive thereafter, governing all past conduct
and usage of the Platform.
7.3. Upon termination for any reason, you must immediately uninstall the
Platform and destroy all copies of the Platform in your possession.
8.
Updates.
8.1. FCORD reserves the right, in its sole and absolute discretion, to
revise, update, change, modify, add to, supplement, or delete certain terms
of this Agreement, or the Platform Policies, for security, legal, best
practice or regulatory reasons. Such changes will be effective with or, as
applicable, with reasonable prior notice to you as far as is practicable.
You can review the most current version of this Agreement by clicking on
the “Agreement” link located on the Platform on clicking
Terms & Conditions
.
8.2. You are responsible for checking this Agreement periodically for
changes. If any future changes to this Agreement are unacceptable to you or
cause you to no longer be in agreement or compliance with this Agreement,
you may terminate this Agreement in accordance with Clause 8 and must
immediately uninstall the Platform and destroy all copies of the Platform.
Your continued use of the Platform following any revision to this Agreement
constitutes your complete and irrevocable acceptance of any and all such
changes.
8.3. FCORD may modify the Platform for any reason or without any specific
reason, at any time and at its entire discretion, in particular for
technical reasons such as updates, maintenance operations and/or resets to
improve and/or optimize the Platform. You agree that the Platform may
install or download the modifications automatically.
9.
Miscellaneous.
9.1. Entire Agreement: This Agreement, along with the
Platform Policies which form an integral part hereof, constitutes the
entire agreement, and supersedes all prior oral and written understandings,
between the parties regarding the subject matter hereof.
9.2. Confidentiality: You are required to keep strictly
confidential, without disclosing to any unauthorised person, all
information pertaining to your account on the Platform and all information
accessed on the Platform. You shall be solely responsible for any
unauthorised usage of your account on the Platform.
9.3. Consent: You hereby (i) undertake where
necessary, to obtain consent from any person whose personal data you may
upload onto the Platform, and (ii) confirm that you in fact collect and
process such personal data in compliance with applicable law.
9.4. Severance: If any court of competent
jurisdiction or competent authority finds that any provision of this
Agreement is invalid, illegal or unenforceable, that provision or
part-provision shall, to the extent required, be deemed to be deleted, and
the validity and enforceability of the other provisions of this Agreement
shall not be affected. If any invalid, unenforceable or illegal provision
of this Agreement would be valid, enforceable and legal if some part of it
were deleted, the provision shall apply with the minimum modification
necessary to make it legal, valid and enforceable to reflect FCORD’s
initial intentions.
9.5. No Waiver: No failure or delay by FCORD (or its
licensors) to exercise any right or remedy provided under this Agreement or
by law shall constitute a waiver of that or any other right or remedy, nor
shall it preclude or restrict the further exercise of that or any other
right or remedy. No single or partial exercise of such right or remedy
shall preclude or restrict the further exercise of that or any other right
or remedy. Waiver of a right or remedy may be considered to have taken
place only after signing a written statement to this effect by FCORD or by
you.
9.6. Law and Jurisdiction: This Agreement will be governed
by and construed in accordance with the laws of India, and the courts of
New Delhi, India shall have exclusive jurisdiction over any dispute arising
out of the subject matter of this Agreement.
9.7. Conflict: To the extent that the provisions of
this Agreement are in conflict with the provisions of the Platform
Policies, the provisions in the Platform Policies shall prevail.
*****
CYBERSAFE PLATFORM USAGE AGREEMENT
Cybersafe (hereinafter referred to as the “ Platform” or “CYS”) is
an online platform that facilitates real-time information sharing between
law enforcement agencies (“LEA”) and financial
services entities (“Fin-tech Entities”) in order
to record and collate information pertaining to certain types of financial
frauds.
The Platform is an intermediary under the provisions of the Information
Technology Act, 2000 hosting the information of third parties over which it
has no control whatsoever, and accordingly, the Platform does not control
any of the information accessible on the Platform.
This agreement (“Agreement”), along with CYS’
Privacy Policy
and the Platform’s
Terms of Use
(together, the “Platform Policies”), which form
an integral part of this Agreement) governs your use of the Platform, and
sets out the basis on which the Platform has been made available to you by
the Financial Co-ordination Cell, Ministry of Home Affairs (“FCORD”). By clicking the ( I agree’ button) herein and / or using the Platform or any related
service / application / software or part thereof, you agree to accept and
to be bound by (1) this Agreement, and (2) the Platform Policies at all
times.
FCORD reserves the right to change, modify, add or delete provisions in
this Agreement at any time, in accordance with the procedures described
below in Clause 8. Any capitalized and undefined terms used in this
Agreement shall have the meanings ascribed to them in the Platform’s terms
of use.
1.
Usage Rights
1.1. You are hereby granted a non-exclusive, non-transferable,
un-assignable, and non-commercial right to use the Platform, for such time
until either you or FCORD terminates this Agreement under Clause 7.
1.2. In the event that any part of the Platform comprises components that
contain third party intellectual property rights, we may require you to
consent to their terms and conditions, which may apply in addition to this
Agreement and the Platform Policies. You shall comply with such third party
terms and conditions, if notified, to the fullest extent.
1.3. You shall not, directly or indirectly, (i) sell, rent out, lease,
license, distribute, market, exploit the Platform or any of its parts
commercially, (ii) reverse engineer, decompile, disassemble, adapt,
reproduce, or create derivative works of this Platform, (iii) remove,
alter, disable or circumvent any copyright or trademark indications or
other authorship and origin information, or (iv) export or re-export this
Platform or any copy of adaptation in violation of any applicable laws or
regulations.
1.4. While using the Platform, you agree to comply will all applicable
laws, rules and regulations. In all cases, you may only use the Platform
according to the intended use of the Platform. Without any limitation of
FCORD’s rights to take action against you for prohibited usage of the
Platform, you may not:
a. use any of the data on the Platform, including any information within
the centralised negative incident database (i.e. the “ Negative List” made available to you on the
Platform) and any other results / data / information / details that is
accessible by you on the Platform (“ Platform Information”) for any purpose other than
analysis, updation, reference, and record-keeping. It is expressly
clarified herein, and agreed and understood by you, that the Platform
Information cannot be construed, treated as, relied upon or produced as
evidence in a court of law or in any legal proceeding.
b. create, use, share and/or publish, by any means any material (text,
words, images, etc.) related to or available on the Platform, which would
be a breach of your confidentiality obligations, infringe any intellectual
property right, violate an individual’s right to privacy, or which would
incite the committing of an unlawful act (in particular, piracy, cracking
or circulation of counterfeit software);
c. modify, distort, block, abnormally burden, disrupt, slow down and/or
hinder the normal functioning of all or part of the Platform, or their
accessibility to other users, or the functioning of the partner networks of
the Platform, or attempt to do any of the above;
d. transmit or propagate any virus, bug, corrupted file and/or similar
destructive device or corrupted data in relation to the Platform, and/or
organise, participate in or be involved in any way in an attack on CYS’s
servers and/or the Platform and/or the digital resources of its service
providers and partners;
e. create, supply or use alternative methods of using the Platforms, such
as server emulators;
f. falsely claim to be an employee or representative of FCORD or CYS, or
its partners or agents; and
g. falsely claim an endorsement in connection with the Platform or with
FCORD or CYS.
2.
Intellectual Property
2.1. All title, interest and ownership rights over the intellectual
property in and to the Platform (including, without limitation, all text,
graphics, information, data, Platform Information, and any other elements
which are part of the Platform, individually or in combination) and any and
all copies thereof, vest in and are the sole and exclusive property of
FCORD. The Platform is protected by national and international laws,
copyright treaties and conventions and other laws aimed at protecting
intellectual property rights. Except as expressly set forth in this
Agreement, all rights not granted hereunder to you are expressly reserved
by and retained with FCORD.
2.2. Nothing in the terms hereof gives any you the right to use any of
FCORD’s trade names, trademarks, service marks, logos, domain names, and
other distinctive brand features in any manner, including on any reports or
documents that you may request on the Platform.
2.3. This Agreement confers no title or ownership in the Platform or the
Platform Information on you, and should not be construed as an assignment
or transfer of any rights thereof.
2.4. The Platform Information that you provide may be used to supplement
the Negative Lists, and for such other purposes as may be determined by
FCORD in its sole discretion.
2.5. In the event that you request FCORD to delete your account on the
Platform, the Platform Information obtained from you, along with any
results from the processing of such data, shall continue to remain on the
Platform and may be accessible by other users on the Platform.
3.
Access to the Platform
3.1. You shall have to register on the Platform in order to avail the
services therein, which may require the provision of your official e-mail
address hosted on your organisation’s domain, mobile number, details of
entity type, registered address, details of nodal officers, etc. By doing
so, you will have created an admin account for your organisation which may
be accessed by you or your authorized L2 and L3 Users.
3.2. The Platform may be accessed by you on a computer system or a mobile
device through application stores, including Google Play and the Apple App
Store.
a. Integration: Access to the Platform under this
Agreement would require integrating your portal with the Platform, which
may require the installation of certain software. The Fin-tech Entities
shall satisfy themselves with the quality of integration and the
connectivity prior to the installation of the same. There will be a single
instance of the Platform, and your portal will be integrated with this
instance.
The integration of the Platform is for the purposes as set forth in this
Agreement. The Fin-tech Entity will appoint an L2 and/ or L3 user for all
interaction with FCORD or CYS, as the case maybe with respect to the
Platform who would be focal point for all integration.
b. Platform Access: To use the Platform on a computer or a
mobile device, you must have access to an electronic communication network.
The connection costs (including but not limited to mobile providers’ and/or
carriers’ costs), shall be exclusively borne by you. You acknowledge that
the quality of the Platforms, the response time or access to certain
features may depend on the capacities of your computer or mobile device and
of the electronic communication network.
c. Collection of personal data: FCORD may collect and
store data about you, including such data in relation to your use of the
Platform, your connection information, your computer or mobile device, IP
address, geo-location, cache, which may be analysed, processed and archived
for such purposes that are in compliance with applicable law.
d. Sharing of Data: FCORD may be under a duty to disclose
or share your data in order to comply with a legal obligation, or in order
to protect FCORD’s rights and those of other users and third parties.
Certain types of Platform Information may be accessed by third parties
using the Platform. For further information concerning FCORD’s collection
and use of your data, please refer to the CYS
Privacy Policy
.
e. Incident Tickets: Upon submission of Platform
Information by LEAs, an Incident Ticket will be assigned to L2 and L3 Users
by CYS. All such Incident Tickets created on the Platform shall be visible
to L2 and L3 Users of the Fin-tech Entity.
4.
Disclaimers
4.1. The Platform, and the Platform Information, is available to you on an
‘as is’ basis, without any representation or warranties, express or
implied. FCORD further expressly disclaims all representations and
warranties of any kind with regard to the Platform, including, but not
limited to the implied warranties and conditions of merchantability,
fitness for a particular purpose and non-infringement of any third party
intellectual property rights.
4.2. FCORD does not represent or warrant to you that: (a) your use of the
Platform will meet your requirements, (b) your use of the offering will be
uninterrupted, timely, secure or free from error, including specifically
from server downtime, and (c) any information obtained by you as a result
of your use of the offering will be accurate or reliable.
4.3. FCORD does not make any guarantees, conditions, warranties of any
kind, express, implied or statutory or other terms including as to (a)
conformity, accuracy, correctness, completeness, or reliability of the
Negative List (b) its suitability for a particular use; (c) implied
warranties of title, non-infringement. FCORD does not warrant that the
Platform will be uninterrupted or error-free, that defects will be
corrected, or that the Platform is free of viruses or other harmful
components. You assume all responsibility for selecting the Platform to
achieve your intended results, and for the installation, use, and use of
results obtained from the Platform. You are solely responsible for the use
of any information that you provide to the Platform, and FCORD shall not be
liable in any manner for such information.
4.4. The Negative List is created with information submitted by LEAs and
may be supplemented with information that is provided by you, and such
representation of this information on the Platform is intended to assist
users of the Platform with record-keeping and informational purposes only.
It is clarified that the Negative List is not intended to impugn, in any
manner, any person whose details may appear on the Negative List.
5.
Limitation of Liability
5.1. You expressly understand and agree that in no event will FCORD,
FCORD’s licensors, channel partners and associated service providers,
partners, and employees be liable for any loss or damage suffered in
connection with the use of the Platform or any related third party service.
This includes without limitation (a) all losses of any kind, whether in
tort (including for negligence or breach of statutory duty), contract,
misrepresentation (whether innocent or negligent) or otherwise, (b) direct
loss; (c) accidental loss, (d) incidental loss, (e) consequential loss, and
(f) indirect loss. Such limitation of liability shall apply whether the
damages arise from the use, misuse, or reliance on the Platform, from
inability to use the Platform, or from the interruption, suspension or
termination of the use of the Platform.
5.2. For purposes of this Clause, FCORD’s licensors, channel partners and
associated service providers are third party beneficiaries to the
limitations of liability specified herein and they may enforce this
Agreement against you.
6.
Indemnity
6.1. You are solely responsible for any damage caused to FCORD, its
licensors, channel partners and associated service providers and
subcontractors, other users of the Platform or any other individual or
legal entity as a result of your violation of this Agreement.
6.2. You hereby agree to defend, indemnify and keep indemnified FCORD and
its affiliates, their licensors, channel partners and associated service
providers and their subcontractors against any claim or alleged claims,
liabilities, losses damages and all costs (including lawyers’ fees),
directly or indirectly attributable to your fault and/or resulting from (a)
a violation of any provision of this Agreement, or (b) your use or misuse
of the Platform. FCORD reserves the right to take sole responsibility, at
your expense, for conducting the defence of any claim for which you agreed
to indemnify FCORD. The provisions of this Clause shall remain in force
after termination of this Agreement.
7.
Termination
7.1. This Agreement is effective from the date you register yourself as a
Fin-tech Entity on the Platform, and shall remain valid until terminated
according to the terms herein.
7.2. FCORD may terminate your use of the Platform at any time if: (i) it
believes, in its sole and absolute discretion, that you have infringed,
breached, violated, abused, or unethically manipulated or exploited any
term of this Agreement or the Platform Policies, or any feature of the
Platform, or (ii) it is required to do so under applicable law. This
Agreement shall continue to survive thereafter, governing all past conduct
and usage of the Platform.
7.3. Upon termination for any reason, you must immediately uninstall the
Platform and destroy all copies of the Platform in your possession.
8.
Updates
8.1. FCORD reserves the right, in its sole and absolute discretion, to
revise, update, change, modify, add to, supplement, or delete certain terms
of this Agreement, or the Platform Policies, for security, legal, best
practice or regulatory reasons. Such changes will be effective with or, as
applicable, with reasonable prior notice to you as far as is practicable.
You can review the most current version of this Agreement by clicking on
the “Agreement” link located on the Platform on clicking
Terms & Conditions
.
8.2. You are responsible for checking this Agreement periodically for
changes. If any future changes to this Agreement are unacceptable to you or
cause you to no longer be in agreement or compliance with this Agreement,
you may terminate this Agreement in accordance with Clause 8 and must
immediately uninstall the Platform and destroy all copies of the Platform.
Your continued use of the Platform following any revision to this Agreement
constitutes your complete and irrevocable acceptance of any and all such
changes.
8.3. FCORD may modify the Platform for any reason or without any specific
reason, at any time and at its entire discretion, in particular for
technical reasons such as updates, maintenance operations and/or resets to
improve and/or optimize the Platform. You agree that the Platform may
install or download the modifications automatically.
9.
Miscellaneous
9.1. Entire Agreement: This Agreement, along with the
Platform Policies which form an integral part hereof, constitutes the
entire agreement, and supersedes all prior oral and written understandings,
between the parties regarding the subject matter hereof.
9.2. Confidentiality: You are required to keep strictly
confidential, without disclosing to any unauthorised person, all
information pertaining to your account on the Platform and all information
accessed on the Platform. You shall be solely responsible for any
unauthorised usage of your account on the Platform.
9.3. Severance: If any court of competent jurisdiction or
competent authority finds that any provision of this Agreement is invalid,
illegal or unenforceable, that provision or part-provision shall, to the
extent required, be deemed to be deleted, and the validity and
enforceability of the other provisions of this Agreement shall not be
affected. If any invalid, unenforceable or illegal provision of this
Agreement would be valid, enforceable and legal if some part of it were
deleted, the provision shall apply with the minimum modification necessary
to make it legal, valid and enforceable to reflect FCORD’s initial
intentions.
9.4. No Waiver: No failure or delay by FCORD (or its
licensors) to exercise any right or remedy provided under this Agreement or
by law shall constitute a waiver of that or any other right or remedy, nor
shall it preclude or restrict the further exercise of that or any other
right or remedy. No single or partial exercise of such right or remedy
shall preclude or restrict the further exercise of that or any other right
or remedy. Waiver of a right or remedy may be considered to have taken
place only after signing a written statement to this effect by FCORD or by
you.
9.5. Law and Jurisdiction: This Agreement will be governed
by and construed in accordance with the laws of India, and the courts of
New Delhi, India shall have exclusive jurisdiction over any dispute arising
out of the subject matter of this Agreement.
9.6. Conflict: To the extent that the provisions of this
Agreement are in conflict with the provisions of the Platform Policies, the
provisions in the Platform Policies shall prevail.
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