2. Accessing our website
- 2.1. Access to the Website is permitted on a temporary basis, and we i.e. Cement Manufacturer’s Association (“CMA”), reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
- 2.2. From time to time, we may restrict access to some parts of the Website, or the entire Website.
- 2.3. You are responsible for making all arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of these terms, and that they comply with them.
3. Acceptable use policy
- 3.1. You may use the Website only for lawful purposes.
- 3.2. You may not use the Website:
- 3.2.1. In any way that breaches any applicable local, national or international law or regulation.
- 3.2.2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- 3.2.3. For the purpose of harming or attempting to harm minors in any way.
- 3.2.4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- 3.2.5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 3.3. You may not access without authority, interfere with, damage or disrupt:
- 3.3.1. Any part of the Website
- 3.3.2. Any equipment or network on which the Website is stored
- 3.3.3. Any software used in the provision of the Website
- 3.3.4. Any equipment or network or software owned or used by any third party
4. Interactive services
- 4.1. We may from time to time provide interactive services on the Website, including, without limitation:
- 4.1.1. Chat rooms.
- 4.1.2. Bulletin boards.
- 4.1.3. Discussion forums.
- 4.1.4. Social media platforms.
- 4.2. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- 4.3. Where we do moderate an interactive service, we will normally provide You with a means of contacting the moderator, should a concern or difficulty arise.
5. Suspension and termination
- 5.1.1. Immediate, temporary or permanent withdrawal of Your right to use the Website.
- 5.1.2. Immediate, temporary or permanent removal of any content or material uploaded by You to the Website.
- 5.1.3. Issue a warning to You.
- 5.1.4. Legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- 5.1.5. Further legal action against You.
- 5.1.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6. Intellectual Property Rights
- 6.1. CMA, Cement Manufacturer’s Association, the CMA’s logo, and other marks indicated on the Website are trademarks of CMA or its affiliates. We are the owner or licensee of all content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software. The compilation of all content on this website, including design and layout is our exclusive property. You are not to use any intellectual property rights contained in or pertaining to this website otherwise than as expressly permitted by these terms or by law.
- 6.2. All other trademarks not owned by us, that appear on the Website are the property of their respective owners.
- 6.3. You grant us permission to display and use Your logo, trademark, business name or any other intellectual property right in any content, which You provide to us.
- 6.4. You declare that any content provided by You to us does not infringe the intellectual property right of any third party.
- 7.1. We are the owner or the licensee of all intellectual property rights on the Website, and in the material/ content published on it (including the design, arrangement and look). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 7.2. You may print off one copy, and may download extracts, of any page(s) from the Website for Your personal reference and You may draw the attention of others within Your organisation to material posted on the Website.
- 7.3. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 7.4. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
- 7.5. You must not use any part of the materials on the Website for commercial purposes without obtaining a licence/ permission to do so from us or our licensors.
8. Reliance on information posted
- 8.1. Content and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
- 8.2. These pages contain general information only. Nothing in these pages constitutes legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.
- 8.3. We make no warranties, representations or undertakings about: any of the content of the Website (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content); or any content of any other website referred to or accessed by hypertext link through the Website.
9. Changes to the Website
- 9.1. We aim to update the Website regularly and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
10. Our liability
- 10.1. The material displayed on the Website is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, including our management, our officers, employees, consultants and members hereby expressly exclude:
- 10.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- 10.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of goodwill
- wasted management or office time
- For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- 11.1. You agree to defend, hold harmless and indemnify CMA, including our management, our officers, employees, consultants and members from and against any and all losses, costs, expenses, damages or other liabilities incurred by CMA and/or our management, our officers, employees, consultants and members from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against CMA and/or including our management, our officers, employees, consultants and members, due to or arising out of or in connection with Your use of the Website or Content or Your breach of any provision of the Terms, or any negligent or intentional wrongdoing on Your part.
12. Viruses, hacking and other offences
- 12.1. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
- 12.2. By breaching this provision, You would commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities. In the event of such a breach, Your right to use the Website will cease immediately.
- 12.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on it, or on any website linked to it.
13. Linking to the Website
- 13.1. You can link directly to the information that is hosted on this website, after taking our prior permission and providing us your contact details. We will try and keep You informed of any changes or updates therein. Also, we do not permit our pages to be loaded into frames on Your site. The pages belonging to the Website must load into a newly opened browser window of the User.
- 13.2. You must not establish a link from any website that is not owned by You.
- 13.3. We reserve the right to withdraw linking permission without notice.
14. Links from the Website
- 14.1. At many places on the Website, You will find links to other websites/ portals. These links have been placed for Your convenience. We are not responsible for the contents and reliability of the linked websites and do not necessarily endorse the views expressed in them. Mere presence of the link or its listing on this website should not be assumed as endorsement of any kind. We cannot guarantee that these links will work all the time and we have no control over availability of linked pages.
15. Jurisdiction and governing law
- 15.1. The courts in Delhi will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against You for breach of these conditions in Your place of residence or any other relevant jurisdiction.
18. Your concerns/ Notices
- 18.1. If You have any concerns about material which appears on the Website, please write to us at email@example.com. Notices to You will be effective if sent to the physical address or through electronic means.