This Agreement provides for the terms and conditions applicable to the user (“User/ Customer”) of the content and data available on this website www.contify.com (“the Website” or “product”), which is owned and operated by Athena Information Solutions Pvt. Ltd., a company incorporated under the Companies Act, 1956 having its head office at Unit No. 601-602, Sixth Floor, Tower 4B, DLF Corporate Park, Phase – III, MG Road, Gurugram, Haryana – 122002, India (“hereinafter referred to as ‘Athena'”). The terms set out herein below include any amendments thereof posted on the website and will be binding on the users accessing the website and subscribing for any services. Waiver of any provision of the Terms will be effective only if in writing and agreed by each of the parties.
“User/ Customer” includes anyone obtaining access to the website by registering or subscribing for the services provided therefrom.
1) User Account
The Website requires registration as a User by creating an Account in order to access information or data on the Website. The User will be provided with separate login details for access upon completion of the Website’s registration process which the User shall treat and keep in high confidence and shall not pass on to any third parties. The User will be responsible for maintaining the confidentiality of the password and the account, and will be fully responsible for all activities that occur under the respective password or account. In the event of any unauthorized use, the User agrees to immediately notify Athena of such use of the password or account or any other breach of security. Athena cannot and will not be liable for any loss or damage arising from the failure to comply with this clause by the User.
2) Services
The website, www.contify.com is an online web product designed to cater to the needs of marketing communications, analysts, experts, researchers, government officials, etc by providing services relating to content aggregation, classification, search, email alerts and customized newsletters of business information as per the terms enumerated herein. The User or subscriber shall have access to business information like news articles, features, analysis on different industries, companies, and business executives etc., linked to the articles published in the websites of various newspapers, magazines, and web portals.
Athena reserves the right to amend, modify or suspend its Services (or any part thereof) from time to time. For this purpose, the terms and conditions of this agreement and any rules and prices published on the website (www.contify.com) constitute the entire and only agreement (the “Agreement”) between Athena Information Solutions Pvt. Ltd. and the User (hereby defined as one who has an account with Athena Information Solutions Pvt. Ltd.) for the Services and supersedes all other communications and agreements with regard to the subject matter hereof unless explicitly so excluded.
3) Acceptance of Terms
A. Acceptance of Terms as Laid Down by Athena
By subscribing to the website or accessing the website past the home page, the User agrees and consents to the acceptance of the terms of this Agreement with Athena and will be liable for any breach or violation. Athena may in its discretion change the terms of the website from time to time and any change in terms shall be effective on its posting on the website. If you do not agree to the changes, you may write to Athena at Unit No. 601-602, Sixth Floor, Tower 4B, DLF Corporate Park, Phase – III, MG Road, Gurugram, Haryana – 122002, India with reasons, which Athena may consider for grant of any waiver at its discretion.
B. Acceptance of Terms as Laid Down by Third Party Service Providers
By subscribing to the website, or accessing any portion of the website past the homepage, the User is considered to be bound by, and in agreement with the Terms of Service as laid down by the following third party service providers:
- YouTube, a service provided by Google LLC — a company operating under the laws of The State of Delaware, located at 1600 Amphitheatre Parkway, Mountain View, CA 94043 — whose Terms of Service are retrievable from the following web address: YouTube URL.
- Twitter, a service provided by Twitter, Inc. — a company operating under the laws of The State of California, located at 1355 Market Street, Suite 900 San Francisco, CA 94103 — whose Terms of Service are retrievable from the following web address: Twitter URL.
Third Party Services providers, at their discretion and without prior notice, may amend these Terms of Service as they see fit, and by continuing to avail of any service provided by Athena, the User is automatically considered to be in agreement with and bound by any future amendments to these terms.
4) Term of Subscription
By subscribing to access the website on payment of subscription fees, the User shall be given the License and access rights as per the plan opted, which shall be renewable on expiry of the period on terms as applicable thereon at the time of renewal. Athena grants to the User (for so long as the User has a valid subscription to subscribed services (where relevant)), a personal, non-exclusive, non-transferable licence (“the Licence”) to access and use the website’s services only upon the Terms and Conditions of this Agreement. The User shall not assign, dispose of, sub-license, or otherwise transfer its rights granted by this agreement and in particular the User shall not allow any person (other than, where the User is a body corporate or business partnership, to its duly authorized employees or its Secondary Users and the User shall procure that such individuals/ Secondary Users accept and adhere to these Terms and Conditions) to use or have access to the website without the prior written permission of Athena.
5) Privacy policy
Athena is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website and the User hereby agrees with and consents to the privacy policy of Athena. To read Athena’s privacy policy statement regarding such personal information, please refer to the PRIVACY POLICY on the website.
6) Permitted Use
The User shall be permitted online access to the content available on the website and may download, save, or print text, search results, or other information as per the respective terms and conditions of the publisher’s websites. The User shall not access the website in a way that will not confirm to applicable laws and regulations. The User agrees not to copy (other than incidentally in the process of viewing), market, resell, distribute, re-transmit, re-publish, compile a database, carry on any automated browsing or downloading or otherwise transfer or commercially exploit in any form any Athena’s content or data other than for the purposes defined herein. No part of the Site may be reproduced or transmitted to or stored in any other website.
Except to the extent permitted by law, the User agrees not to reverse engineer, decompile, disassemble, alter or modify the whole or any part of any software which is accessible via or in connection with the Athena’s Services.
Data accessed from the website shall not be used in any manner likely to be directly prejudicial to the reputation and good standing of Athena or publishers. Any and all manipulation of the content on the website, and in particular, their distortion by the use of electronic aids or other means is prohibited. In the event that the details given by the User do not correspond to the actual form of use or that the User uses the material for a prohibited purpose, permission to use the content on the website shall be deemed to have been refused.
Athena reserves the right to assert claims for damages and to obtain an injunction requiring the Customer to desist from improper or unauthorized use of the website and its content.
7) Security
There may be technological measures in the website that are designed to prevent unauthorized use of the website. The User understands that it may need to activate or reactivate or change the password for access to the website from time to time for secured use.
Athena may also at its discretion, as security measure, temporarily cease operation of the server, and may alter, delete or add to content stored on the website.
The User agrees that Athena may collect, categorize and store anonymous data related to the usage and errors, for purposes of providing technical support, debugging errors, product improvements and quality services. Athena undertakes not to disclose anonymous data in any form that personally identifies the user as per the privacy policy.
8) Suspension and Termination
Athena may suspend a User Account or temporarily disable access to whole or part of the website in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Termination of Account will include denial of access to all services, deletion of Account information such as User’s e-mail ID and password and deletion of all data in the User account. In the event of termination, the User will be no longer authorized to access the part of the website affected by such cancellation or termination. The restrictions imposed with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
9) Intellectual Property Rights
- All intellectual property rights, title and interest with respect to the marks Athena and Contify, domain name and the website including but not limited to copyrights, patents, designs, know-how, trade secrets and inventions (patent pending), goodwill, databases are reserved with and owned by Athena, and with respect to any publication or content on the website shall be reserved with Athena or with the respective owner of the copyright.
- Any rights not expressly granted to the User in this Agreement are retained by Athena or the respective copyright owner.
10) Third Party Sites
- Links to external internet sites are provided within the content on the website or other media for the convenience of the users. However the listing of an external site does not imply endorsement of the site by Athena or its affiliates. Athena does not make any representations regarding the availability and performance of its content or any of the external websites to which links are provided and shall not be responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. Further, the privacy policies of each of the third party sites may differ from that of Athena. Athena shall not be responsible for the collection, use or disclosure of information collected through third-party websites and expressly disclaims any liability related to such collection, use or disclosure. Once the User logs onto any other such website, it shall be governed by the Privacy Policy and Terms & Conditions of that website only.
- Any rights not expressly granted to the User in this Agreement are retained by Athena or the respective copyright owner.
11) Disclaimer
Content Disclaimer
Athena, through the website, provides access to information that is published on internet by newspapers, magazines, and web portals. . While every attempt has been made to ascertain the authenticity of the content on the media, Athena has no control over the content, its accuracy, integrity or quality of such content and the information on the website except the content created by Athena and thus makes no guarantees, neither undertakes responsibility for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. In no event shall Athena be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages.
Further, Athena shall not be liable for any kind of damages, losses or actions arising directly or indirectly due to the access and/or use of content, including any errors or omissions therein, including but not limited to content based decisions resulting in loss of profits, property, revenue, data, virus infestation etc. Neither shall Athena be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.
Warranty Disclaimer
Athena does not guarantee whether the content providers on the website are recognized, reputable or quality service providers. The User must satisfy itself about all relevant aspects prior to registration/ subscription. The material and the media used to provide the material (including the website) are provided “as is” and “as available” without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of suitability for a particular purpose, or non-infringement. Athena disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the media and materials. Athena does not warrant that any defects or errors will be corrected or that the content is free of viruses or other harmful components.
12) Policy For Change
Athena may periodically change the terms and conditions without notice, and User is responsible for checking the terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies the consent of the User to the changes. Wherein the changes are significant, a more prominent notice through email notification will be sent and also be notified separately on the website.
13) Liability
Athena shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond its control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Athena further disclaims all liability for the fitness of the files downloaded for the purpose intended by the User. Athena provides the online content on an “as is” basis, including any errors or defects.
Athena cannot warrant that the web pages and image files on the website are free of viruses, unauthorized program, Java or source code, or any other elements or components harmful to functionality or the User’s business.
The User shall be liable for any non-contractual, or otherwise illegal or abusive use of the website and the content made available therein. In the event the User uses the content on the website in an improper manner including passing off of trademark and infringement of any of the intellectual property rights, he undertakes to indemnify and hold harmless Athena and publishers, against any and all losses or damages arising therefrom. The User shall, further, indemnify and hold harmless Athena and publisher against any and all claims arising from use of the content on the website, including permitted use. Notwithstanding any other provision hereof, in no event shall CONTIFY, its direct or indirect subsidiaries, controlled affiliates, agents, employees or representatives be liable for any indirect, incidental, special, punitive, exemplary or consequential loss or damages of any kind, nor for any lost profits or revenues, in connection with or arising out of this agreement.
14) Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles or User’s actual state or country of residence, and any disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi, India. Athena may, however, proceed against the User in another domestic or foreign jurisdiction.
15) Indemnification
- CONTIFY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the USER, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the CONTIFY’s negligent performance of professional services, including, but not limited to, the use of material obtained from the services of CONTIFY under the terms of this Agreement.
- The USER agrees, to the fullest extent permitted by law, to indemnity and hold harmless CONTIFY, its officers, directors, and employees against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the USER’s negligent acts in connection with the terms of this Agreement.
16) Miscellaneous
- All charges with respect to internet connection, telephone and as required for access to the website shall be borne by the User.
- While Athena will take all care regarding the authenticity of the data and information it collects and displays on the website, Athena expressly disclaims any responsibility for any discrepancy in the information available. It is advisable that the information obtained from the website be verified from other sources before use, for eg. the profile and information relating to the client and associates of Athena.
- Notices. All the notices, demands and other communications must be in writing and will be deemed to have been given by either party (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, or e-mail address provided by Athena and by the User on the Website.
- Severability-If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
- Force Majeure- Athena, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the content on the website that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
- All rights and duties arising from these terms of use shall pass to any legal successor of Athena.
