Terms of use

Welcome to RedSeer Management Consulting Private Limited!

The portal, https://www.redseer.com(the “Website”) is owned and operated by RedSeer Management Consulting Private Limited (“Company”, “us”, “we”, “our”), a private limited company incorporated under the Companies Act, 1956, having CIN No.U74900KA2009PTC049748 and its registered office at Indiqube Sigma, 3B, 7th C Main 3rd Block Koramangala Bengaluru, Karnataka- 560034 India.

Company is engaged in the business of providing market research and consulting services to its customers across various business sectors in India.

These Terms of Use govern the use of the Website by the customers. For the purpose of these Terms(as defined hereinafter), any reference to “you”, “your”, “customer” or “user”, would mean the person who accesses and/or uses this Website, in any manner.

1. ACCEPTANCE OF TERMS

1.1 These terms and conditions,the Privacy Policy and such other policies or terms as may be prescribed by the Company(collectively the “Terms”),together constitutea legally binding agreement between you and the Company, in connection with your access to or use of the Website.

1.2 We request you to read these Terms carefully before accessing or using the Website.By using the Website, you signify your acceptance of these Terms and agree to be legally bound by them. If at any time, you do not agree or wish to be bound by these Terms, please do not access or otherwise use or continue to use the Website. These Terms supersede all previous oral and written terms and conditions (if any) communicated to you by the Company, for the use of the Website.

2. AMENDMENT OF TERMS

2.1 We reserve the right, in our sole discretion, to change, modify, update, terminateor otherwise amend these Terms, at any time, for complying with legal and regulatory requirements, for other legitimate business purposes or for any other reason, without notice and without liability to you or any third-party.The most current version of these Terms, as indicated at the end of this document, will govern our relationship with you.

2.2 Please note that it is your responsibility to review these Terms periodically.Your continued use of the Website will constitute your acceptance of any such revisions.

3. PRIVACY AND OTHER COMPANY POLICIES

Your use of the Website is also governed by the following policies formulated by the Company, all of which are incorporated in to these Terms by reference:

Sl. Name of Policy Objective Link
1. Privacy Policy Explains to users how any personal information disclosed by them to us is collected, used and managed. Privacy Policy

4. ACCESS

4.1 Access. We will try to make access to and use of the Website error-free. However, your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that we do not take responsibility for any access or use problems that arise from internet related issues at your end. Notwithstanding the foregoing, we reserve at all times, the right, at our sole discretion, to refuse access to the Website, terminate accounts, remove or edit content at our discretion, with or without notice to you.

5. CONDITIONS OF USE

5.1 By using the Website you represent and warrant to the Company that: (a) you are 18 (eighteen) years of age or older; (b) your use of the Website and/or any services provided by the Company, will not violate any applicable law or regulation; and (c) all information that you submit to the Company in connection with the Website and/or for availing services is true and accurate.

5.2 You shall use the Website for reasonable and lawful purposes only, and shall not indulge in any activity that is harmful to the Website or its content or otherwise not envisaged through the Website, as determined by the Company in its sole discretion.

5.3 When you use the Website, you agree that you are involved in the transmission of sensitive and personal information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. We agree to take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

5.4 You will not do any of the following:

5.4.1 Delete or modify any content on the Website, including but not limited to, any information regarding any services provided, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;

5.4.2 Decompile, reverse engineer, or disassemble the content;

5.4.3 Use the Website or the services provided,in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion;

5.4.4 Make false or malicious statements against the Website or the Company;

5.4.5 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website;

5.4.6 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet; or

5.4.7 Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.

6. LINKS TO THIRD-PARTY WEBSITES AND APPLICATIONS

6.1 The Website includes, or may include links to third-party websites and/or applications. You acknowledge that when you access a third-party link that leaves the Website:

6.1.1 the website or application you enter into is not controlled by the Company and different terms of use and privacy policies may apply;

6.1.2 the inclusion of a link does not imply any endorsement by the Company of the third-party website and/or application, the website’s and/or application’s provider, or the information on the third-party website and/or application; and

6.1.3 if you submit personal information to any of those websites and/or applications, such information is governed by the terms of use and privacy policies of such third-party websites and/or applications and the Company disclaims all responsibility or liability with respect to these terms of use, policies or the websites and/or applications.

6.2 Users are encouraged to carefully read the terms of use and privacy policy of any third-party website and/or application that they visit. The Company reserves the right to disable third-party links from the Website, although the Company is under no obligation to do so.

7.WEBSITE CONTENT

7.1 Intellectual Property. All information, content and material contained on the Website are and continue to be the Company’s intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Website whether or not displayed on the Website, are proprietary to the Company, except any third-party logos which may also be displayed on the Website with their consent. No information, content or material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted by us in these Terms.

7.2 Disclaimer of Warranties. You expressly understand and agree that:

  • 7.2.1 The information, content and materials on the Website is provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;
  • 7.2.2 The Company does not warrant that the operation of the Website, including the functions contained in any content, information and materials on the Website or any third-party sites or services linked to the Websitewill be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components;
  • 7.2.3 Any material downloaded or otherwise obtained through the Website is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system and/or electronic device; and
  • 7.2.4 The Company cannot and will not assure you that other users of the Website are or will be complying with the foregoing rules or any other provisions of these Terms. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

8. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website or the services provided through the Website, in violation of these Terms, or infringement of any intellectual property or other rights of the Company or any third-party. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

9. LIMITATION OF LIABILITY

9.1 To the fullest extent permitted by law, in no event shall the Company or any of its directors, officers, employees, agents or content or service providers (collectively, the “Company Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Websiteor the content, materials and functions related thereto, the services, your provision of information via the Website, lost business, even if such Company Representatives have been advised of the possibility of such damages.

9.2 In no event shall the Company Representatives be liable for:

  • 9.2.1 the use or inability to use the Website;
  • 9.2.2 any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website;
  • 9.2.3 any unauthorized access to or alteration of your transmissions of SPI or other user data; or
  • 9.2.4 any other matter relating to the Website.

9.3 We are neither liable nor responsible for any actions or in actions of the other users of the Website or any breach of conditions, representations or warranties by them. We are not obligated to mediate or resolve any dispute or disagreement between you and other users of the Website.

9.4 None of the directors, officials or employees of the Company shall be personally liable for any action in connection with the Website or any services provided through the Website.

10. TERMINATION

In the event you breach these Terms or in the event any other user reports a violation of any of their rights as a result of your use of the Website, the Company reserves the right to suspend or terminate your access to the Website with or without notice to you and to exercise any other remedy available under law. Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Website. Upon suspension or termination, your right to access the Website will immediately cease and the Company reserves the right to remove or delete your user information, including but not limited to login credentials, account details and information posted by you.

11. ACCESS OUTSIDE THE REPUBLIC OF INDIA

The Company makes no representation that the content on the Website is appropriate to be used or accessed outside the Republic of India. Any users who use or access the Website from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

12. WAIVER

No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

13. SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

14. NOTICES

All notices and other communications required or permitted here under to be given to a party will be in writing, in English language, and will be sent by e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as may be specified by a party to the other party in writing in accordance with this provision:

If to Company: Indiqube Sigma, 3B, 7th C Main 3rd Block Koramangala Bengaluru, Karnataka- 560034 India media@redseer.com

If to you: at the e-mail ID and address provided by you to us at the time of registration onto the Website.

15. REPORT ABUSE

In the event you come across any abuse or violation of these Terms or if you become aware of any objectionable content on the Website, please report it to media@redseer.com.

16. GRIEVANCE REDRESSAL

If you have any grievance with respect to the Website, including any discrepancies or grievances with respect to processing of information, you can contact our Grievance Officer at:

Name: Sonali Singh
Address: Indiqube Sigma, 3B, 7th C Main 3rd Block Koramangala Bengaluru, Karnataka- 560034 India
E-mail ID: media@redseer.com

17. FORCE MAJEURE

We will not be responsible for any delay or failure to comply with our obligations under these Terms, if the delay or failure arises due to any event or circumstance beyond our reasonable control.

18. GOVERNING LAW AND JURISDICTION

These Terms, all transactions consummated between you and the Company and your relationship with the Company are governed by the laws of India,without reference to any conflict of laws principles. You agree that subject to Paragraph 19 below, courts at Bengaluru, India shall have exclusive jurisdiction over any disputes arising out of or in connection with your use of the Website.

19. DISPUTE RESOLUTION

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms or to your use of the Website, will be resolved by arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitral tribunal shall consist of a sole arbitrator to be jointly appointed by the disputing parties. The venue and seat of such arbitration will be Bengaluru. The arbitration proceedings will be conducted and the arbitral award will be pronounced in the English language. The arbitral award will be final and binding on the parties. The costs of such arbitration shall be equally borne by the Parties.

20. ELECTRONIC RECORD

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made there under as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made there under that require publishing the rules and regulations, privacy policy and terms of use of the Website.

21. COMPLETE UNDERSTANDING

These Terms contain the entire understanding between the parties, and there are no other written or oral agreements or promises between the parties with respect to the subject matter herein other than those contained or referenced in these Terms.
YOU HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

Effective Date: 21/08/2019