Effective date: 2021-01-01
Welcome to TRADEMANIAC (GICA)-A share market learning institute.
share market learning institute (“us”, “we”, or “our”) operates gicaedu.in/share-trading (hereinafter referred to as “Service”).
SERVICE means the gicaedu.in/share-trading website operated by TRADEMANIAC (GICA)-A share market learning institute.
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
3. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
4. Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
0.1. Email address
0.2. First name and last name
0.3. Phone number
0.4. Address, Country, State, Province, ZIP/Postal code, City
0.5. Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through any device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time by way of your device settings.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
0.1. Session Cookies: We use Session Cookies to operate our Service.
0.2. Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
0.3. Security Cookies: We use Security Cookies for security purposes.
0.4. Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, NDA agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.
5. Use of Data
Trademaniac (GICA) uses the collected data for various purposes:
0.1. to provide and maintain our Service;
0.2. to notify you about changes to our Service;
0.3. to allow you to participate in interactive features of our Service when you choose to do so;
0.4. to provide customer support;
0.5. to gather analysis or valuable information so that we can improve our Service;
0.6. to monitor the usage of our Service;
0.7. to detect, prevent and address technical issues;
0.8. to fulfil any other purpose for which you provide it;
0.9. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
0.10. to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
0.11. to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
0.12. in any other way we may describe when you provide the information;
0.13. for any other purpose with your consent.
6. Retention of Data
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
7. Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside india and choose to provide information to us, please note that we transfer the data, including Personal Data, to india and process it there.
8. Disclosure of Data
We may disclose personal information that we collect, or you provide:
0.1. Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
0.2. Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
0.3. Other cases. We may disclose your information also:
0.3.1. to our subsidiaries and affiliates;
0.3.2. to contractors, service providers, and other third parties we use to support our business;
0.3.3. to fulfill the purpose for which you provide it;
0.3.4. for the purpose of including your company’s logo on our website;
0.3.5. for any other purpose disclosed by us when you provide the information;
0.3.6. with your consent in any other cases;
0.3.7. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
9. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at email@example.com.
If you submit a request to stop selling your personal information, we will stop making such transfers.
Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.
13. Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
15. CI/CD tools
We may use third-party Service Providers to automate the development process of our Service.
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.
17. Behavioral Remarketing
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
19. Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
20. Children’s Privacy
Our Services are not intended for use by children under the age of 18 (“Child” or “Children”).
We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
22. Contact Us
Terms and Conditions
1. Trademaniac (GICA) Terms and Conditions
1.1 These Terms & Conditions are legally binding between the person accessing the website (which expression shall include its successors and assigns).
1.2 By accessing this website you shall be giving your consent to defined terms & conditions & will be bound by existing Information technology Act 2000/2008 & Rules defined and other law as applicable in India.
1.4 These Terms constitute an 'electronic record' within the meaning of the applicable law (including the Information Technology Act, 2000, IT Act 2008 Amendment) and is generated by a computer system and does not require any physical or digital signatures.
1.5 The word ‘webinar’ is a blend of ‘web’ and ‘seminar’ ‘online training’. A webinar is an event held on the internet which is attended exclusively by an online audience. This distinguishes it from a webcast, which also includes the presence of a physical audience. Other terms used as alternatives for webinars are web events, online seminars, webcasts, web lectures/conferences, and virtual events.
2.1 “Organization” means Trademaniac (GICA), the Organization of events.
2.2 “Website Form” means an online or printed participation Order form provided by the Organization to Client/User.
2.3 “Client/User” means any person, firm, or organization who is participating in an Event / Training organized by the Organization.
2.4 ‘Event/Training’ means any teaching or conference organized by the Organization in which the Client/User participates. ‘Venue’ means the venue/place in which the Event is taking place.
2.5 ‘Speakers’ means individuals speaking at the Event/providing training
2.6 ”VC” means Virtual Conference
2.7 “Webinar” Conference held over the Internet.
2.8 Service provided by Trademaniac (GICA)/ www.gicaedu.in/share-trading is to train participants on stock market vulnerabilities/opportunities.
2.9 User - states any person who has attained majority under Indian Law and any other country law, who has registered with the website in order to utilize the services provided by Trademaniac (GICA).
Please read these Terms carefully before you use the Website or any Service offered by Trademaniac (GICA)/ www.gicaedu.in/share-trading through the Website. These terms control the relationship between Trademaniac (GICA) and you. They do not create any third-party beneficiary rights.
3.1 By registering & using Trademaniac (GICA)/ www.gicaedu.in/share-trading website, the user is bound to provide true, and accurate information, as sought at the time of signing and from time to time where it is required. Trademaniac (GICA)/ www.gicaedu.in/share-tradingdoes not verify or controls the accuracy of the information provided by the users.
3.2 In case of non-compliance of any of the terms and conditions by any user, Trademaniac (GICA)/ www.gicaedu.in/share-trading reserves right, to withdraw the account of the user and discontinue all services for that user without any notice.
3.3 Trademaniac (GICA)/ www.gicaedu.in/share-trading reserves the right to verify the information provided by its Users, if Trademaniac (GICA)/ www.gicaedu.in/share-trading notice given information by the user is not correct, then the user agrees to provide Trademaniac (GICA), additional information or documents when requested to establish the authenticity of their account. If an account is found to be fake, not genuine, or duplicate, Trademaniac (GICA)/ www.gicaedu.in/share-trading reserves the right delete such account without any notice/ warning or the like.
3.4 Trademaniac (GICA)/ www.gicaedu.in/share-trading is not requesting any personal password or other information that is not relevant and will not be responsible for any consequences resulting from a User sharing his/her personal password of the account with third parties. In the above event, it will be the User who will be held responsible for such negligence.
4.1 Trademaniac (GICA)/ www.gicaedu.in/share-trading will organize online/offline training sessions and events users can avail Services made available to you by Trademaniac (GICA)/ www.gicaedu.in/share-trading through the Training / Event. Trademaniac (GICA)/ www.gicaedu.in/share-trading may at its discretion allow you to use some of these services free of charge. Our Services are very diverse and additional terms or product requirements may apply to certain Services. These additional terms are made a part of these Terms by this reference. If there is a conflict between these terms and the additional terms, the additional terms will supersede these terms.
4.2 Services shall include, but not be limited to, Training/Event more information about the Services is available on Trademaniac (GICA)’s website at www. www.gicaedu.in/share-trading ("Web Site").
4.3 Online Virtual training/event may be held and the user agrees his/her participation for the same.
5. Your Access to Web Site/Website/Online Event
5.1 We will endeavor to ensure error-free availability of the Website or Services or contents there of to you, however, your access to the website may occasionally be suspended or restricted for upgrades, maintenance, or updating the website/website at any time without prior notice. We will try to limit the frequency and duration of any such suspension or restriction.
You are responsible for any charges incurred with your internet service provider that you may incur by accessing the website or Services made available through the website, including text messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Website or the Services.
5.2 You must not use the website or the Services rendered by Trademaniac (GICA)/ www.gicaedu.in/share-trading for fraudulent purposes or in connection with a criminal offence or other unlawful activity or to send, post, share, use or reuse any material that does not belong to you or that you are not authorized to send; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety.
5.3 Online conference/event takes place virtually over Internet Trademaniac (GICA)/ www.gicaedu.in/share-trading may choose to use
tools such ZOOM, WEBEX, MICROSOFT TEAMS, GOOGLE MEET or any other third party platform which may be paid, free, or trial version, Client/User hereby agrees to adhere to terms and conditions of third party tool for any damage.
Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High-speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
5.4 A participant who is part of online/offline training/event will not record any of the training in part or whole and use that to circulate free of cost or paid, session delivered by Trademaniac (GICA)/ www.gicaedu.in/share-tradingis copyrighted to the organization.
6. ORDER TERMS AND CONDITIONS
6.1.1 "Order" means Trademaniac (GICA)’s Order process which is subject to acceptance of these Terms and Conditions.
6.1.2 "Client/User" means the person/s, firm, or company which is making an Order.
6.1.3 "Training/Event" means the training/event or events which are the subject of the session booked for.
6.1.4 "Trademaniac (GICA)" means Training / Event Organizing Company.
6.1.5 "Quotation" means price defined for various courses by Trademaniac (GICA)/ www.gicaedu.in/share-trading to the Client/User, which is the subject of the Order.
6.1.6 "Services" means the Training/Event services to be performed by Trademaniac (GICA)/ www.gicaedu.in/share-trading pursuant to the Order in accordance with these Terms.
6.1.7 "Terms" means these Order terms and conditions.
6.1.8 "Offline Training/Event" means any individual who receives the training in a physically closed venue.
6.1.9 “Online Training/event” means conference held via webinar.
6.2. ORDER AND PAYMENT TERMS
6.2.1 All prices stated by Trademaniac (GICA)/ www.gicaedu.in/share-trading in a Quotation are exclusive of any tax which is applicable, the Client/User shall be additionally liable to pay Trademaniac (GICA).
6.2.2 Upon receipt of the Order from the Client/User. A legally binding contract shall be formed for registration.
6.2.3 Confirmation of participation in the Training/event will be after signing submitting payment to Trademaniac (GICA) Organization.
6.2.3 The Client/User shall pay to Trademaniac (GICA)/ www.gicaedu.in/share-trading the full amount set out in the quotation before Training/Event.
6.2.5 Any items stated in the Quotation as "additional" items or any items which are requested by the Client/User after the Order has been confirmed by Trademaniac (GICA), must be confirmed by the Client/User in writing (email shall be sufficient) before being actioned by Trademaniac (GICA).
6.2.6 Time for payment shall be of the essence. If the Client/User fails to make any payment before training/event, Trademaniac (GICA)/ www.gicaedu.in/share-trading shall be entitled (at its discretion) to cancel the Order by notice in writing to the Client/User.
6.2.7 Any variation or amendment to these payment terms will be set out by Trademaniac (GICA)/ www.gicaedu.in/share-trading in writing on the Order.
6.2.8 Any typographical, clerical, or other error or omission in any Quotation, correspondence or other Order documents or information issued by Trademaniac (GICA)/ www.gicaedu.in/share-trading shall be subject to correction without any liability whatsoever on the part of Trademaniac (GICA).
6.2.9 NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part. After paying for the course through Trademanic, nobody is permitted to request a refund. After purchasing the course, there is no provision for a refund.
6.3. VARIATION AND CANCELLATION
6.3.1 If the Client/User wishes to vary any details of the Order after it is returned to Trademaniac (GICA), it shall notify Trademaniac (GICA)/ www.gicaedu.in/share-trading in writing as soon as possible. Trademaniac (GICA)/ www.gicaedu.in/share-trading shall endeavor to make any required changes, but any additional costs thereby incurred shall be invoiced to the Client/User.
6.3.2 Whilst every reasonable effort will be made to ensure that the Services are provided in accordance with the Order, TRADEMANIAC (GICA)/ WWW.GICAEDU.IN/SHARE-TRADING reserves the right in its sole and absolute discretion to make any changes to the Services for the Event which do not in the opinion of TRADEMANIAC (GICA)/ WWW.GICAEDU.IN/SHARE-TRADING materially affect the quality of the Services. If TRADEMANIAC (GICA)/ WWW.GICAEDU.IN/SHARE-TRADING has to make any material changes relating to the Order it shall notify the Client/User forthwith Trademaniac (GICA)/ www.gicaedu.in/share-trading shall endeavor to keep such changes to a minimum and shall seek to offer the Client/User arrangements as close to the original as is reasonably possible in the circumstances. Where such alternative is not acceptable to the Client/User acting reasonably and in good faith, TRADEMANIAC (GICA)/ WWW.GICAEDU.IN/SHARE-TRADING shall refund to the Client/User the price paid according to the Order
6.3.3 Trademaniac (GICA)/Organization holds the right to modify the Training/event duration, change of speakers, venue, titles, dates, opening hours or cancel the Training/event completely without any compensation to the Client/User.
6.3.4 Trademaniac (GICA)/Organization does not warrant the success of the Training/event nor guarantees if the Client/User will benefit from participating in the Training/event and the Client/User agrees to hold the Organization harmless in the event the Training/event does not meet its expectations For any reason If the Training/event is postponed, it will be informed to you and the payment made by you will be credited towards the rescheduled date. If you are unable to attend the rescheduled event, you will receive a 100% credit representing payment made towards a future Training/event of Trademaniac (GICA)/ www.gicaedu.in/share-trading/ Organization Cancellation of an Order will not be accepted by TRADEMANIAC (GICA)/ WWW.GICAEDU.IN/SHARE-TRADING if the Client/User has availed services from the organization or in any circumstance if the client/user is not able to participate/attend Training/event imparted by Organization.
6.3.5 If for any reason beyond the reasonable control of Trademaniac (GICA)/ www.gicaedu.in/share-trading (including but not limited to an Act of God, explosion, abnormally inclement weather, flood, tempest, fire or accident, war or threat of war, terrorist activity or threat of terrorism, sabotage, insurrection, civil disturbance or requisition, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or local authority, import or export regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes, power failure), the Event and/or the Services are canceled or disrupted in any way, Trademaniac (GICA)/ www.gicaedu.in/share-trading shall not be liable to the Client/User or be deemed to be in breach of the Order or these Terms by reason of any delay in performing, or failure to perform any of its obligations in relation to the Order or these Terms. Trademaniac (GICA)/ www.gicaedu.in/share-trading may choose to, but shall not be obliged to, agree in good faith with the Client/User the amount of any refund to the Client/User. If the Client/User wishes to protect its investment in the Services purchased in relation to the Event, the Client/User is advised to seek contingency insurance from a specialist contingency insurance broker. Trademaniac (GICA)/ www.gicaedu.in/share-trading shall have no further liability to the Client/User arising from Trademaniac (GICA)’s failure to perform the Services in any such circumstances.
6.3.6 Client/User is responsible for the safety and security of devices used like mobile, tablet, laptop, desktop, or any other device used during the conference, Client/User will have antivirus, firewall, and other security measures which are required and during the conference, there may be additional cost/fee for internet usage, electricity, etc… which will be borne by Client/User, Organization will not be responsible for any damage to the system used by Client/User.
7.1 Trademaniac (GICA)/ www.gicaedu.in/share-trading shall not under any circumstances be liable to the Client/User in contract, tort (including negligence) or otherwise for loss of revenues or opportunities, goodwill, reputation, or any type of special, indirect, or consequential loss (even if such loss was reasonably foreseeable or Trademaniac (GICA)/ www.gicaedu.in/share-trading had been advised of the possibility of the Client/User incurring the same).
7.2 Further, Trademaniac (GICA)/ www.gicaedu.in/share-trading shall have no liability for any death or bodily injury (except death or injury caused by the negligence of Trademaniac (GICA), its staff or contractors), or loss of or damage to property, of anyone attending the Training/Event pursuant to the Order, whether arising from such attendance, or in relation to the provision or use of the facilities at the Event. The Client/User agrees to indemnify Trademaniac (GICA)/ www.gicaedu.in/share-trading against any claim in respect of any such liability (and the costs and expenses incurred by Trademaniac (GICA)/ www.gicaedu.in/share-trading in relation thereto).
7.3 Without prejudice to any other limitation or exclusion of liability set out in these Terms and to the fullest extent permitted by law, the total liability of Trademaniac (GICA)/ www.gicaedu.in/share-trading to the Client/User in contract, tort or otherwise including negligence (save for any liability arising from death or personal injury due to the negligence of TRADEMANIAC (GICA)/ WWW.GICAEDU.IN/SHARE-TRADING or its employees which shall be unlimited) arising in relation to the Event (and/or the provision of the Services to the Client/User) shall not exceed 10% of the total amount paid by the Client/User hereunder.
7.4 Trademaniac (GICA)/ www.gicaedu.in/share-trading will have no liability for viruses, data, databases, existing in the Client/User system during the conference.
7.4.1 All Quotations are made and orders accepted subject to these Terms. These Terms shall apply to all Quotations and Orders in precedence over any other printed terms and conditions, including any appearing on the Client/User's stationery or correspondence.
7.4.2 The Client/User shall procure that all Orders comply with these Terms and furthermore the Client/User indemnifies Trademaniac (GICA)/ www.gicaedu.in/share-trading against all claims, costs, damages, and judgments awarded against or incurred or paid by TRADEMANIAC (GICA)/ WWW.GICAEDU.IN/SHARE-TRADING as a result of or in connection with a claim made by an Order.
7.4.3 Trademaniac (GICA)/ www.gicaedu.in/share-trading will conduct only the Training / Event if your participation in the Training/Event requires to travel from within the country to other city or traveling from abroad, all the travel expense, lodging, and all required modalities, including the issuance of a visa for the country where the event is held, are your own responsibility.
7.4.5 No amendment or variation to these Terms shall be binding unless agreed in writing by both
7.4.6 The Client/User consents to being photographed at the Event (physically/virtually, to filming and sound recording of the Event and consents to the use of such, photographs and/or recordings in any marketing or promotional materials in connection with the Event, on the Event website and in any broadcast or publication in any territory in the world.
7.4.7 No binding contract shall be formed until Trademaniac (GICA)/ www.gicaedu.in/share-trading has received acceptance from the Client/User of the Order (which incorporates these Terms) and confirmation of the Order shall be subject to Trademaniac (GICA)/ www.gicaedu.in/share-trading receiving payment in full in accordance with clause 3.
7.4.8 No waiver by Trademaniac (GICA)/ www.gicaedu.in/share-tradingof any breach of these Terms by the Client/User shall be considered as a waiver of any subsequent breach of the same or any other provision.
7.4.9 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.
7.4.11 The rights granted to the Client/User hereunder are personal to the Client/User and may not be transferred or assigned to any third party without the prior written consent of TRADEMANIAC (GICA).
7.4.12 The Quotation, the Order, and these Terms contain the entire understanding between the
parties with respect to their agreement concerning the Training/Event. By entering into this contract neither party has relied on (nor shall it have any remedy, in contract or tort, in respect of) any statement, representation, warranty, or understanding which is not expressly set out in the Quotation, Order or these Terms, provided that nothing herein shall operate to exclude or limit any liability for fraud.
7.4.13 The Client/User shall at all times be subject to the terms, conditions, and rules imposed by the organizers of the event and/or the Event venue and shall indemnify TRADEMANIAC (GICA)/ WWW.GICAEDU.IN/SHARE-TRADING from and against all and any claims arising from the Client/User’s breach of the same.
7.4.14 The Client/User shall not sell the benefit of any Order on the wholesale or trade market without prior written consent from TRADEMANIAC (GICA). No Client/User or Ticket Holder may transfer the benefit of the Order for use as a competition prize or other promotional use.
8.1 Intellectual Property
The format and content included on the website, including logo, graphics, button icons, video, audio, digital data, text, and software is the property of Trademaniac (GICA)/ www.gicaedu.in/share-trading and is protected by Indian and international Intellectual & copyright and authors' right.
All rights are reserved in relation to any trademarks registered and unregistered licensed or owned by Trademaniac (GICA)/ www.gicaedu.in/share-trading which exist on the website.
Website or any part of web site should not be copied, downloaded or sold or otherwise used for any commercial/Non-commercial purpose without the express written consent of Trademaniac (GICA).
8.2 You acknowledge and agree that the website/website, the Services, including without limitation any content available on the website/website and all trademarks, service marks and trade names and other intellectual property rights associated therewith are and will remain, the property of Trademaniac (GICA)/ www.gicaedu.in/share-trading and its licensors, as applicable. All content related to Trademaniac (GICA)/ www.gicaedu.in/share-trading corporate and business activities embedded in the Website, including any text, graphics, logos, button icons, images, audio clips, and software, is the exclusive property of Trademaniac (GICA)/ www.gicaedu.in/share-trading or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement, and assembly) of any and all content on the Website and Services is also the exclusive property of the Trademaniac (GICA)/ www.gicaedu.in/share-trading and is protected by applicable laws.
8.3 All software used on the website and the Services is the property of Trademaniac (GICA)/ www.gicaedu.in/share-trading or its licensors/software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Website or the Services is strictly prohibited.
9. Disclaimer of Warranties
You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, your use of the website or services is at your sole risk and discretion. the website is licensed to you "as is," "with all faults," and "as available." you bear the risk of using it. Trademaniac (GICA)/ www.gicaedu.in/share-trading and/or its affiliates give no express warranties, guarantees, or conditions under or in relation to the website or services. Trademaniac (GICA)/ www.gicaedu.in/share-trading and/or its affiliates exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. Trademaniac (GICA)/ www.gicaedu.in/share-trading makes no warranty against and will not be liable or responsible for: (a) interference of your enjoyment of the website or services; (b) losses or damages including any personal injury arising from or in any way related to your access or use of the website and/ or services; (c) use of any content posted, transmitted, or otherwise made available through the website and/ or services; (d) failure, suspension or withdrawal of all or part of the website and/ or any service at any time; (e) any bugs, viruses, or the like which may be transmitted to or through our website or services; (f) functional, uninterrupted, error-free or bug-free delivery of the website and/ or services; (g) security, reliability, or timeliness of the website and/ or services. any content or material downloaded through your use of the website and/ or services is at your own discretion and risk and you will be solely responsible for any damage or loss of data occurring on your device or any other loss or damages of any kind resulting from the download and use of the website and/ or services. no advice, course of conduct or information, whether oral or written, obtained by you from Trademaniac (GICA)/ www.gicaedu.in/share-trading or any party or through the website/ or services will create any warranty unless expressly stated in these terms whilst Trademaniac (GICA)/ www.gicaedu.in/share-trading will undertake all reasonable efforts and due diligence to ensure security and integrity, Trademaniac (GICA)/ www.gicaedu.in/share-trading will, in particular, not be liable for the following: delay or errors in transmission and/ or storage of information to or through Trademaniac (GICA)/ www.gicaedu.in/share-trading that might occur from time to time intrusion, distortion, loss or forgery of data, etc., due to act of any third party, failure of any software and/or hardware or telecommunication service provider(s) used by us or any other act beyond our reasonable control. You will be liable for any consequences whatsoever resulting from anything transmitted or caused to be transmitted by you, to or through the services.
10. Limitation of liability
To the maximum extent permitted by applicable laws, under no circumstance will Trademaniac (GICA)/ www.gicaedu.in/share-trading or its affiliates, their respective directors, employees, or agents be liable to you or any third party for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Website, or following a failure, suspension or withdrawal of all or part of the Website at any time, any third-party content, software or functions used in connection with the Website even if Trademaniac (GICA)/ www.gicaedu.in/share-trading or any or all of its agents have been advised of the possibility of such damages. Notwithstanding anything to the contrary, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other torts, breach of contract, violation of statute, misrepresentation, or for any other reason), will at all times be limited to the amount paid by you, if any, for using any Services giving rise to the cause of action or Rupees one thousand only (Rs. 1000), whichever is lesser.
Trademaniac (GICA)/ www.gicaedu.in/share-trading reserves the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, Website (or any part thereof) or any Services without any cause and/or without any notice to you. You agree that Trademaniac (GICA)/ www.gicaedu.in/share-trading and its affiliates will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.
12.1 (meaning Indemnify. v. to guarantee against any loss which another might suffer. For example two parties settle a dispute over a contract, and one of them may agree to pay any claims which may arise from the contract, holding the other harmless).
12.2 You agree to indemnify, defend and hold harmless Trademaniac (GICA), its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand, or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the website/website and Services; (ii) any breach of these Terms; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your gross negligence or misconduct. These obligations will survive the termination of these Terms.
13. Force Majeure
13.1 (meaning: A Force Majeure clause (French for "superior force") is a contract provision that allows a party to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.) Trademaniac will not be liable for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Trademaniac (GICA)'s reasonable control and there will not be a refund due to Force Majeure.
Trademaniac (GICA)/ www.gicaedu.in/share-trading may communicate with you through e-mail, SMS, telephone, by posting notifications on the Website (including push notifications) or any other means of communication. By using the website, you consent to receive such communications from Trademaniac (GICA)/ www.gicaedu.in/share-trading in relation to the website and/or Services, your account information, or any updates/ changes to the website / Services and/ or other promotional or marketing communications from Trademaniac (GICA).
15. Amendments to this Agreement
Please review these terms regularly. We may in our sole discretion modify or amend these Terms from time to time without any prior notice. Your use of the Website or Services upon publication of such modified or amended terms will constitute your deemed acceptance to the modified or amended Terms.
16. Entire Agreement
If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
If you breach these Terms and Trademaniac (GICA)/ www.gicaedu.in/share-trading takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
19. Right to Takedown
You understand and agree that Trademaniac (GICA)/ www.gicaedu.in/share-trading may takedown, delete or remove any content available on the Website in its sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).
20. Platform Services
20.1 Your use of Trademaniac (GICA)’s Platform Services or any part of thereof, is governed by the following terms (“Platform Services Terms”) in addition to the Terms. Platform Services include but are not limited to Journals, Albums, Feeds, Reminders, updates, new events announcements are made available through the website.
20.2 Any capitalized term which has not been defined in these Platform Services Terms shall have the meaning to them in the Trademaniac (GICA)’s Terms of Service.
21. Copyright Notice
If you believe in good faith that any content displayed or transmitted through the Website infringes your copyright, you may reach us at firstname.lastname@example.org
22. Variation of the Terms & Conditions, Site, and Service
Trademaniac (GICA)/ www.gicaedu.in/share-trading reserves the right to modify the Terms and Conditions at any time. In addition, Trademaniac (GICA)/ www.gicaedu.in/share-trading may vary or amend or withdraw the Services provided through the Website, the website functionality, and/ or the “look and feel” of the website at any time without notice and without liability to its Users.
Any modification to the website, Services or Conditions will take effect as soon as such changes are published on the website.
Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the website following the publication of the varied Conditions.
Trademaniac (GICA)/ www.gicaedu.in/share-trading does not guarantee the System will be continuously available, error-free; therefore is not responsible for any damage dealt with Users due to such error.
The User also agrees that Trademaniac (GICA)/ www.gicaedu.in/share-trading is not responsible for any damage caused to their gadgets as a result of using Trademaniac (GICA)’s website.
23. Governing Law
23.1. These Terms are governed by and shall be construed in accordance with the contract law, Information Technology Act 2000, 2008 & further rules & other laws of India without respect to its conflict of laws’ provisions.
23.2. Disputes, if any, shall be attempted to be resolved amicably. Unresolved disputes shall be to the exclusive jurisdiction of the Courts in Asansol Court.