Vittena Analytics Private Limited, a private limited Company duly incorporated under the provisions of the Companies Act, 1956 and having its registered office at No.44, “Varunalayam”, Haritha Enclave, 3rd street extn., CTO Colony, West Tambaram, Chennai, TamilNadu, India and specializes in providing personal financial services through its official website vittena.com. This Agreement for the Terms and Conditions of use of the Company’s Website describes certain terms and conditions to access and use the Website of the Company by a visitor or a registered user
1. ACCEPTANCE OF TERMS
You expressly agree to be bound by this Agreement, irrespective of whether you are a registered member or a visitor, by using the information, tools, features and functionality located on this Website. As such, you agree to be bound by the terms and conditions detailed herein.
The Company recommends that, irrespective of whether you are a Visitor or a Registered Member who proposes to utilize the Service provided by the Company, to carefully read all the terms and conditions as provided herein. The said terms and conditions displayed are recommended to be saved for any future reference and for your own records. Or you may even take a print out of the same.
This Agreement, which incorporates by reference other provisions applicable to use of www.vittena.com, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in www.vittena.com, sets forth the terms and conditions that apply to use of www.vittena.com by User. By using www.vittena.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.vittena.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
Vittena Analytics shall have the right at any time to change or discontinue any aspect or feature of www.vittena.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
Vittena Analytics shall have the right at any time to change or modify the terms and conditions applicable to User’s use of www.vittena.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.vittena.com , or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use ofwww.vittena.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
The Company provides personal financial management services whereby the registered member can track his or her financial status at any time including all investment, expenses, debt etc.
However, this Service is not and should not be construed or does not imply provision of any professional service or advice relating to the legal, financial or tax implications or any other financial matters. This Service is designed in order to help you organize your financial matters and aspects in a more organized and clear manner. Any professional advice or implications should be sought from your personal advisors and the Company or vittena.com shall not be held liable or responsible for the same.
Through its Web property, Vittena Analytics provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
5. USER CONDUCT
- Any conduct by a User that in Vittena Analytics discretion restricts or inhibits any other User from using or enjoying www.vittena.com will not be permitted. User shall not use www.vittena.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Vittena Analytics.
- www.vittena.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.vittena.com are copyrighted as a collective work under the INDIAN copyright laws. Vittena Analytics owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Vittena Analytics and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- User shall not upload, post or otherwise make available on www.vittena.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.vittena.com, User automatically grants, or warrants that the owner of such material has expressly granted Vittena Analytics the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Vittena Analytics the right to edit, copy, publish and distribute any material made available on www.vittena.com by the User.
- The foregoing provisions of Section 5 are for the benefit of Vittena, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- The Company will send all correspondences, notices and any other communication to the e-mail address furnished by you. In case of any change in the said e-mail address, it is your duty to update or change the same.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing Vittena Analytics with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Vittena Analytics immediately of any unauthorized use of User’s account or any other breach of security. Vittena Analytics will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Vittena Analytics or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
7. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available from the Services (“Software”) is the copyrighted work of Vittena Analytics and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”).
The Software is made available for use solely for use by end users according to the License Agreement.
VITTENA ANALYTICS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Violators will be prosecuted to the maximum extent possible.
VITTENA ANALYTICS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VITTENA ANALYTICS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL VITTENA ANALYTICS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VITTENA ANALYTICS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
9. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL VITTENA ANALYTICS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
10. MATERIALS PROVIDED TO VITTENA ANALYTICS OR POSTED AT ANY OF ITS WEBSITES
Vittena Analytics does not claim ownership of the materials User provide to Vittena Analytics(including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Vittena Analytics, its affiliated companies and necessary sublicenses permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Vittena Analytics Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
11. Disclaimer of Warranty; Limitation of Liability
- USER EXPRESSLY AGREES THAT USE OF www.vittena.com IS AT USER’S SOLE RISK. NEITHER VITTENA ANALYTICS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT www.vittena.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WWW.VITTENA.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH www.vittena.com.
- www.vittena.com IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT VITTENA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
- IN NO EVENT WILL VITTENA ANALYTICS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING www.vittena.com OR THE VITTENA ANALYTICS SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE www.vittena.com USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, VITTENA ANALYTICS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN www.vittena.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- VITTENA, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.NEITHER, VITTENA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
- FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
12. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE VITTENA ANALYTICS SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF VITTENA ANALYTICS AND VITTENA ANALYTICS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. VITTENA ANALYTICS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. VITTENA ANALYTICS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY VITTENA ANALYTICS OF THE SITE.
Vittena Analytics is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Vittena Analytics has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of www.vittena.com, are those of the respective author(s) or distributor(s) and not of Vittena Analytics. Neither Vittena nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through www.vittena.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with Vittena Analytics. Vittena Analytics neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.vittena.com by anyone other than authorized Vittena Analytics employee spokespersons while acting in their official capacities. Under no circumstances will Vittena Analytics be liable for any loss or damage caused by a User’s reliance on information obtained through www.vittena.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Vittena Analytics. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
13. UNSOLICITED IDEA SUBMISSION POLICY
VITTENA ANALYTICS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN VITTENA ANALYTICS’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO VITTENA ANALYTICS. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO VITTENA ANALYTICS OR ANYONE AT VITTENA. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT VITTENA ANALYTICS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Vittena Analytics shall have the right, but not the obligation, to monitor the content of www.vittena.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Vittena Analytics and to satisfy any law, regulation or authorized government request. Vittena Analytics shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.vittena.com. Without limiting the foregoing, Vittena Analytics shall have the right to remove any material that Vittena Analytics, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless Vittena Analytics, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Vittena Analytics products by User or User’s Account.
Either Vittena Analytics or User may terminate this Agreement at any time. Without limiting the foregoing, Vittena Analytics shall have the right to immediately terminate User’s Account in the event of any conduct by User which Vittena Analytics, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for www.vittena.com established by Vittena Analytics constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of THE INDIAN INFORMATION TECHNOLOGY ACT, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
The Company controls and operates this Website from its registered office in Chennai, India, and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Chennai, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Chennai, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and venue for arbitration shall be Chennai. The courts in Chennai shall have the sole jurisdiction regarding the subject matter of this Agreement.
19. COPYRIGHT NOTICE
Vittena Analytics logos are trademarks of Vittena Analytics Pvt. Ltd. All rights reserved. All other trademarks appearing on Vittena Analytics are the property of their respective owners.